South Carolina General Assembly
106th Session, 1985-1986

Bill 3097

                    Current Status

Bill Number:               3097
Ratification Number:       416
Act Number:                384
Introducing Body:          House
Subject:                   Relating to vacancies in the office of
                           sheriff
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A384, R416, H3097)

AN ACT TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES LESS THAN ONE YEAR AND MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE FILLING OF VACANCIES UPON ANY SHERIFF'S INDICTMENT AND SUSPENSION AND ACQUITTAL OR CONVICTION.

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

Filling of vacancy in the office of sheriff

SECTION 1. Section 23-11-40 of the 1976 Code is amended to read:

"Section 23-11-40. (A) If any vacancy occurs in the office of sheriff in any county of this State less than one year prior to the next general election for county sheriffs, the Governor may appoint some suitable person who must be an elector of the county and who, upon qualifying, according to law, is entitled to enter upon and hold the office until a sheriff is elected and qualifies in the election and is subject to all the duties and liabilities incident to the officer during the term of his service in the office.

(B) If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, a special election must be held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs.

(C) If any vacancy occurs in the office at any time and is created by suspension by the Governor upon any sheriff's indictment, the Governor may appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted or until a sheriff is elected and qualifies in the next general election for county sheriffs, whichever event occurs first.

If the suspended sheriff is convicted less than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in the election. If the suspended sheriff is convicted more than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in a special election to be held in the county. The sheriff elected in the special election holds the office until a sheriff is elected and qualifies in the next general election for county sheriffs."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.