South Carolina General Assembly
107th Session, 1987-1988

Bill 2056


                    Current Status

Bill Number:               2056
Ratification Number:       84
Act Number                 52
Introducing Body:          House
Subject:                   Vacancies in the office of sheriff
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.