Current StatusView additional legislative information at the LPITS web site.Bill Number: 2056 Ratification Number: 84 Act Number 52 Introducing Body: House Subject: Vacancies in the office of sheriff
(A52, R84, H2056)
AN ACT TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES WHEN THEY OCCUR MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WHEN A SHERIFF HAS BEEN INDICTED.
Be it enacted by the General Assembly of the State of South Carolina:
Filling vacancies
SECTION 1. Subsections (B) and (C) of Section 23-11-40 of the 1976 Code are amended to read:
"(B) If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, the Governor shall appoint some suitable person as provided in subsection (A) until a special election is 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 shall appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted, or the indictment is otherwise disposed of, 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 takes effect upon approval by the Governor.