A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 5-15-50, RELATING TO ESTABLISHMENT OF MUNICIPAL WARD LINES AND THE TIME FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO REQUIRE THAT MUNICIPAL GENERAL ELECTIONS BE HELD ON ONE OF CERTAIN ENUMERATED DATES; BY AMENDING SECTION 5-15-60, RELATING TO MUNICIPALITIES ADOPTING METHODS OF NOMINATING CANDIDATES AND DETERMINING ELECTION RESULTS, SO AS TO PROVIDE THAT ANY MUNICIPALITY WHICH ELECTS TO HOLD PARTISAN ELECTIONS FOR MUNICIPAL OFFICES IS RESPONSIBLE FOR PAYING ALL COSTS AND EXPENSES ASSOCIATED WITH THE CONDUCT OF A MUNICIPAL PRIMARY; BY AMENDING SECTION 5-15-120, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO ALLOW MUNICIPALITIES TO DETERMINE WHEN NEWLY ELECTED OFFICIALS MAY BE QUALIFIED AND THEIR TERMS COMMENCE, AND TO PROVIDE THAT A CANDIDATE DECLARED ELECTED HAS THE RIGHT TO TAKE THE OATH OF OFFICE AND PERFORM THE DUTIES OF THAT OFFICE PENDING THE OUTCOME OF AN APPEAL; BY AMENDING SECTION 5-15-130, RELATING TO PROCEDURES FOR CONTESTING THE RESULTS OF A MUNICIPAL ELECTION, SO AS TO EXTEND THE DEADLINE FOR FILING A WRITTEN NOTICE OF A CONTEST, AND TO REQUIRE A MUNICIPAL ELECTION COMMISSION TO CONDUCT A HEARING ON A CONTEST BY A CERTAIN DATE; BY AMENDING SECTION 5-15-140, RELATING TO APPEALS FROM DECISIONS REGARDING MUNICIPAL ELECTION CONTESTS, SO AS TO REMOVE LANGUAGE INDICATING A NOTICE OF APPEAL STAYS FURTHER PROCEEDINGS PENDING APPEAL, AND TO PROVIDE THAT A COURT SHALL GIVE SUCH APPEALS FIRST PRIORITY OF CONSIDERATION; AND BY AMENDING SECTION 5-15-145, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS, SO AS TO REQUIRE COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS TO CONDUCT MUNICIPAL ELECTIONS FOR MUNICIPALITIES THAT ELECT TO TRANSFER THIS AUTHORITY.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 5-15-50 of the S.C. Code is amended to read:

 

    Section 5-15-50. (A) Each municipal governing body may by ordinance establish municipal ward lines and the time for general and special elections within the municipality in accordance with the provisions of this section. Public notice of the elections shall be given at least sixty days prior to such elections in accordance with Title 7, Chapter 13 of the S.C. Code of Laws.

    (B) The time for general elections within a municipality must be established in odd-numbered years as follows:

       (1) on the first Tuesday after the first Monday in April; or

       (2) on the first Tuesday after the first Monday in November.

    (C) If the first Tuesday after the first Monday in November of odd-numbered years is the time for general elections within a municipality on or after the effective date of this section, then the municipal governing body must not establish a different time for its general elections.

    (D) If within ninety days of the effective date of this section a municipal governing body fails to establish by ordinance a time for its general elections as provided in subsection (B), then the time for the general elections within that municipality is the first Tuesday after the first Monday in November in odd-numbered years unless subsection (E) applies.

    (E) Notwithstanding another provision of this section, if general elections within a municipality, as of the effective date of this section, were on the first Tuesday after the first Monday in April in even-numbered years, or on the first Tuesday after the first Monday in November in even-numbered years, then the municipality may retain the first Tuesday after the first Monday in April in even-numbered years, or the first Tuesday after the first Monday in November in even-numbered years, as applicable, for the date for its general elections.

    (F) This section applies only to the election of candidates and shall not be construed as prohibiting bond or other referendums from being held in either even-numbered years or odd-numbered years.

 

SECTION 2.  Section 5-15-60 of the S.C. Code is amended to read:

 

    Section 5-15-60. (A) Each municipality in this State shall adopt by ordinance one of the following alternative methods of nominating candidates for and determining the results of its nonpartisan elections:

        (1) The nonpartisan plurality method prescribed in §Section 5-15-61;

        (2) The nonpartisan election and runoff election method prescribed in §Section 5-15-62; or

        (3) The nonpartisan primary election and general election method prescribed in §Section 5-15-63.

    (B) If nonpartisan elections are not provided for, nomination of candidates for municipal offices may be by party primary, party convention or by petition in accordance with the provisions of this chapter, the applicable provisions of the state election laws and the rules of municipal political party organizations not in conflict therewith. Provided, any municipality which elects to hold partisan elections for municipal offices must pay all costs and expenses associated with the conduct of a municipal primary election.

 

SECTION 3.  Section 5-15-120 of the S.C. Code is amended to read:

 

    Section 5-15-120.  (A) Immediately upon the closing of the polls at any municipal election, the managers shall count publicly the votes cast and make a statement of the whole number of votes cast in such 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 declared elected and the councilmen shall be selected by the following methods:

        (a)(1) When 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 declared elected.

        (b)(2) When 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 declared elected.

        (c)(3) When 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 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 declared elected.

        (d)(4) When 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 declared elected.

        (e)(5) When 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 declared elected.

    (B) Newly elected officers shall 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.A municipal governing body may by ordinance determine when the terms of its newly elected officers begin, provided the terms must begin no earlier than forty-eight hours after the certification of the election results and no later than eighty days after the day of the election. If a municipality does not have an ordinance determining when the terms of its newly elected officers begin, then the terms of the newly elected officers in the municipality commences at the beginning of the first regular meeting of its council in the month following the election.

    (C) A candidate who is declared elected by certification of the election results has the right to take the oath of office and to perform the duties of the office pending the outcome of an appeal unless a court of competent jurisdiction directs otherwise.

 

SECTION 4.  Section 5-15-130 of the S.C. Code is amended to read:

 

    Section 5-15-130.  (A)Within forty-eight hours after the closing of the polls, any A candidate may contest the result of the election as reported by the managers by filing a written notice of such contest together with a concise statement of the grounds therefor with the Municipal Election Commission not later than noon on the Monday following the certification of the results. If the deadline falls on a legal holiday, then the time for filing a written notice extends to noon on the next day that is not a legal holiday. Within forty-eight hours after the filing of such notice, the The Municipal Election Commission shall, after due notice to the parties concerned, conduct a hearing on the contest, on the Thursday following the deadline for filing the contest. The commission must decide the issues raised, file its report together with all recorded testimony and exhibits with the clerk of court of the county in which the municipality is situated, notify the parties concerned of the decisions made, and when the decision invalidates the election the council shall order a new election as to the parties concerned.

    (B) Neither the mayor nor any member of council shall be eligible to pass on the issues arising in any contest in which he is a party.

 

SECTION 5.  Section 5-15-140 of the S.C. 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 may appeal from such decision to the court of common pleas.  Notice of appeal shall 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. Appeals shall be granted first priority of consideration by the court.

 

SECTION 6.  Section 5-15-145 of the S.C. Code is amended to read:

 

    Section 5-15-145.  (A) Municipalities are A municipality is authorized to transfer authority for conducting municipal elections to the county elections commission.  County elections commissions are authorized to conduct municipal elections for municipalities that elect to transfer authority for conducting municipal elections pursuant to the provisions of this section.

    (B) As a condition of the transfer of authority to conduct elections pursuant to this section, the governing bodies of the municipality and the county must agree to the terms of the transfer and enact ordinances embodying the terms of that agreement.  The municipal ordinance must state what authority is being transferred and the county ordinance must accept the authority being transferred.

    (C) When the total responsibility for the conduct of a municipal election is transferred to a county election commission board of voter registration and elections, pursuant to the provisions of this section, the municipal election commission is abolished.

    (D) If the municipality, by ordinance transfers a portion of the responsibilities for the conduct of a municipal election to a county election commission board of voter registration and elections, the municipality shall not abolish the municipal election commission.

    (E) County boards of voter registration and elections conducting municipal elections pursuant to this section may assess municipalities fees that do not exceed actual expenses for conducting an election. County boards of voter registration and elections must provide each municipality with an itemized list of expenses for each election.

    (E)(F) A municipality which by ordinance transfers authority for conducting municipal elections to the county election commission board of voter registration and elections under this section may by ordinance set the filing dates for municipal offices, and the date by which candidates must be certified to the appropriate authority to be placed on the ballot, to run concurrently with the filing dates set by law for countywide and less than countywide offices or other filing dates as may be mutually agreed upon between the municipality and the county election commission board of voter registration and elections.

 

SECTION 7.  This act takes effect upon approval by the Governor.

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