Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-200. (A) The purpose of this section is to provide a uniform method of filling a vacancy when a person moves his residence outside of the area from which he was elected or appointed.
(B) If a person who has been elected to an office moves his residence outside of the area from which he was elected, the office automatically becomes vacant on the date the member's residence changes. The member shall notify the presiding officer within fifteen days of the date of his residence changes as described in this section.
(C)(1) The presiding officer shall take action as specified in item (2) or (3), as appropriate, within fifteen days of any of the following events:
(a) a member notifies the presiding officer of a change in residence to a place outside of the area from which he was elected;
(b) a member changes his official mailing address to a place outside of the area from which he was elected; or
(c) the governing body, commission, board, or other body to which the person has been elected or appointed receives information that a member has moved his residence outside of the area from which he was elected.
(2) If the office originally was filled by appointment, the presiding officer shall notify the appointing officer or entity of the vacancy. Within ninety days after receiving notice, the officer or entity shall fill the vacancy by appointment for the remainder of the unexpired term.
(3) If the office originally was filled by election, the presiding officer shall notify the county election commission that the office is vacant. Upon receiving notice, the county election commission shall schedule a special election in accordance with the provisions of Section 7-13-190 to fill the office for the remainder of the unexpired term.
(D) Notwithstanding another provision of law, the provisions of this section apply to all elected and appointed offices."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:38 P.M.