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TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-15-120 of the 1976 Code is amended to read:
"Section 5-15-120. Immediately upon the closing of the polls at any a municipal election, the managers shall count publicly the votes cast and make a statement of the whole number of votes cast in such the election together with the number of votes cast for each candidate for mayor and councilman and transmit this information to the municipal election commission. In partisan elections the person securing the highest number of votes for mayor shall be is declared elected and the councilmen shall must be selected by the following methods:
(a) When If all councilmen are to be elected at large, the persons receiving the highest number of votes in number equal to the number to be chosen shall be are declared elected.
(b) When If the councilmen are to be elected from each ward and are required to be residents of that ward, the person receiving the highest number of votes in that ward shall be is declared elected.
(c) When If some councilmen are to be elected from each ward and required to be residents of that ward and the remainder of the councilmen to be elected at large, those persons receiving the highest number of votes in each ward shall be are declared elected and those persons running at large who receive the highest number of votes in number equal to the number to be chosen at large shall be are declared elected.
(d) When If all councilmen are to be elected at large, but required to reside in a particular ward, the person receiving the highest number of votes for the seat to be filled shall be is declared elected.
(e) When If all councilmen are to be elected at large, but some are required to be residents of particular wards and other councilmen may not be so required, the person receiving the highest number of votes for the seat to be filled shall be is declared elected.
Newly elected officers shall are not be qualified until at least forty-eight hours after the closing of the polls and in the case a contest is finally filed the incumbents shall hold over until the contest is finally determined."
SECTION 2. Section 5-15-140 of the 1976 Code is amended to read:
"Section 5-15-140. Within ten days after notice of the decision of the municipal election commission, any party aggrieved thereby by it may appeal from such the decision to the court of common pleas. Notice of appeal shall must be served on the opposing parties or their attorneys and filed in the office of the clerk of court within ten days. The notice of appeal shall act as a stay of further proceedings pending the appeal."
SECTION 3. This act takes effect upon approval by the Governor.
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