South Carolina General Assembly
110th Session, 1993-1994

Bill 3946


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3946
Primary Sponsor:                Cromer
Committee Number:               25
Type of Legislation:            GB
Subject:                        Nonpartisan elections for
                                certain county offices
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       WWW/30093DW.93
Introduced Date:                19930413
Last History Body:              House
Last History Date:              19930413
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Cromer
                                Tucker
                                Waites
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3946  House   19930413      Introduced, read first time,    25
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE COUNTY AUDITOR, TREASURER, AND CLERK OF COURT 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:

"Article 17

Nonpartisan Elections For

County Auditor, Treasurer, and Clerk of Court

Section 4-9-1610. (A) The provisions of this article only apply to the election of the following county offices:

(1) auditor;

(2) treasurer;

(3) clerk of court.

(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 4-9-1620.

(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 4-9-1620.

(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 4-9-1620. (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 4-9-1630. 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 4-9-1640. 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 4-9-1650. (A) Members of the governing body of a

county which, by ordinance, adopt the nonpartisan method of electing the county officers enumerated in Section 4-9-1610, must elect those officers as provided in this article.

(B) The county officers enumerated in Section 4-9-1610 in a county in which the governing body has adopted by 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.

(C) The initial terms of members elected under the provisions of this article begin as provided by law for the county officers enumerated in Section 4-9-1610. The terms of members of predecessors are terminated at the time these officers 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 before the general election."

SECTION 2. This act takes effect upon approval by the Governor.

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