Current Status Introducing Body:House Bill Number:3107 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Nonpartisan county elections Residing Body:House Current Committee:Judiciary Companion Bill Number:30 Date Tabled:19930331 Computer Document Number:EGM/18058DW.93 Introduced Date:19930113 Last History Body:House Last History Date:19930331 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Cromer Inabinett Waites Barber J. Brown McTeer Jaskwhich Felder J. Bailey Snow Holt Neal Kelley Davenport Keyserling Baxley J. Wilder Beatty Kirsh D. Wilder Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3107 House 19930331 Tabled in Committee 25
3107 House 19930113 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
Section 4-9-1410. (A) The provisions of this article only apply to the election of members of the governing body of a county.
(B) The governing body of each county in this State may adopt by ordinance the method of nominating candidates for and determining the results of its nonpartisan elections as provided in Section 4-9-1420 of this section.
(C) The method of nominating candidates for and determining the results of its nonpartisan elections is the nonpartisan election and runoff election method prescribed in Section 4-9-1420.
(D) If nonpartisan elections are not provided for, nomination of candidates for county offices may be by party primary, party convention, or by petition in accordance with the applicable provisions of the state election laws and the rules of county political party organizations not in conflict with this method.
Section 4-9-1420. (A) Except as otherwise provided in this section, results in nonpartisan county elections must be determined by a majority of the votes cast. A majority within the meaning of this section must be determined as follows:
(1) When more than one person is seeking election to a single office, the majority must be ascertained by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained must be a majority, and the candidate who obtains a majority must be declared elected.
(2) When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority must be ascertained by dividing the total votes cast for all candidates by the number of offices to be filled and by dividing the result by two. Any excess of the sum so ascertained must be a majority and the candidates who obtain a majority must be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) must be declared elected.
(B) If no candidate for a single office receives a majority of the votes cast in the first election or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election must be held as provided in this subsection:
(1) If no candidate for a single office receives a majority of the votes cast in the first election, a second election must be conducted two weeks later between the two candidates receiving the highest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the runoff election must be declared elected.
(2) If candidates for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes cast in the first election, a second election must be conducted two weeks later between one more than the number of candidates necessary to fill the vacant offices. The candidates receiving the highest number of the votes cast in the second election, equal in number to the number to be elected, must be declared elected.
Section 4-9-1430. The county governing body may determine by ordinance that either filing a statement of candidacy or a petition with the county election commission is required to place the name of the candidate on the ballot in nonpartisan elections. If a petition initiates the nonpartisan election method, the petition must state wherein a statement of candidacy or a petition is required to place the name of the candidate on the ballot. If the county council determines, or if the petition states that the petition method be used, the percentage of electors required on these petitions may not be less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate.
Section 4-9-1440. If any nonpartisan county election results in a tie, the county election commission shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandis. If the date for the tie-breaking runoff election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining county elections required are postponed for two weeks. If the date of a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday.
Section 4-9-1450. (A) Members of the governing body of a county which, by ordinance, adopt the nonpartisan method of electing its governing body must elect its governing body as provided in this article.
(B) All members of the governing body of a county which adopt the ordinance required in subsection (A) must be elected at the time of the general election for terms of four years and until their successors are elected and qualify. Except, that of those first elected, in order to stagger their terms, a majority by one must be elected for terms of four years and the remaining members must be elected for terms of two years. The length of the initial terms of members must be determined by lot.
(C) The initial terms of members elected under the provisions of this article begin as provided by law for members of the governing body of a county. The terms of members of predecessors are terminated at the time members of the governing body are elected under the provisions of this article.
(D) The ordinance adopting the nonpartisan election method is effective at the next general election if it is adopted at least one hundred twenty days prior to the general election."
SECTION 2. This act takes effect upon approval by the Governor.