South Carolina General Assembly
110th Session, 1993-1994

Bill 30


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    30
Primary Sponsor:                Jackson
Type of Legislation:            GB
Subject:                        Nonpartisan county elections
Residing Body:                  Senate
Companion Bill Number:          3107
Computer Document Number:       EGM/18059DW.93
Introduced Date:                19930112    
Last History Body:              Senate
Last History Date:              19930210    
Last History Type:              Committee Report:   Favorable
                                with amendment
Scope of Legislation:           Statewide
All Sponsors:                   Jackson
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

30    Senate  19930210      Committee Report: Favorable     11
                            with amendment
30    Senate  19930112      Introduced, read first time,    11
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 10, 1993

S. 30

Introduced by SENATOR Jackson

S. Printed 2/10/93--S.

Read the first time January 12, 1993.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 30), to amend the Code of Laws of South Carolina, 1976, by adding Article 15, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. The 1976 Code is amended by adding:

"Article 15

Nonpartisan County Elections

Section 4-9-1410. (A) The provisions of this article apply to the election of any county officer, and where applicable, to the election of members of the governing body of a county. For purposes of this article, `county officer' means a coroner, sheriff, clerk of court, or probate judge, and in counties where such officers are elected, a treasurer, auditor, or register of mesne conveyances.

(B) The nonpartisan method of electing members of a county governing body may be utilized if (1) the governing body adopts the method by ordinance; (2) the governing body holds a referendum and a majority of the electors approves the method; or (3) at least fifteen percent of the qualified electors of the county propose the use of the method pursuant to Article 13, Chapter 9 of Title 4 of the 1976 Code. A referendum held under the provisions of this section must be conducted in accordance with the provisions of Article 13, Chapter 9 of Title 4.

(C) The method of nominating candidates for and determining the results of nonpartisan elections is the nonpartisan election and runoff election method prescribed in Section 4-9-1420.

(D) If nonpartisan elections are not provided for members of the governing body of a county, nomination of candidates for county offices may be by party primary, party convention, or by petition in accordance with the applicable provisions of the state election laws and the rules of county political party organizations not in conflict with this method.

Section 4-9-1420. (A) Except as otherwise provided in this section, results in nonpartisan county elections must be determined by a majority of the votes cast. A majority within the meaning of this section must be determined as follows:

(1) When more than one person is seeking election to a single office, the majority must be ascertained by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained must be a majority, and the candidate who obtains a majority must be declared elected.

(2) When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority must be ascertained by dividing the total votes cast for all candidates by the number of offices to be filled and by dividing the result by two. Any excess of the sum so ascertained must be a majority and the candidates who obtain a majority must be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) must be declared elected.

(B) If no candidate for a single office receives a majority of the votes cast in the first election or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election must be held as provided in this subsection:

(1) If no candidate for a single office receives a majority of the votes cast in the first election, a second election must be conducted two weeks later between the two candidates receiving the highest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the runoff election must be declared elected.

(2) If candidates for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes cast in the first election, a second election must be conducted two weeks later between one more than the number of candidates necessary to fill the vacant offices. The candidates receiving the highest number of the votes cast in the second election, equal in number to the number to be elected, must be declared elected.

Section 4-9-1430. The county governing body may determine by ordinance that either filing a statement of candidacy or a petition with the county election commission is required to place the name of a candidate on the ballot in nonpartisan elections. If a petition initiates the nonpartisan election method, the petition must state wherein a statement of candidacy or a petition is required to place the name of the candidate on the ballot. If the county council determines, or if the petition states that the petition method be used, the percentage of electors required on these petitions may not be less than five percent of the qualified electors of the geographical area of the office for which the person offers as a candidate.

Section 4-9-1440. If any nonpartisan county election results in a tie, the county election commission shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandis. If the date for the tie-breaking runoff election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining county elections required are postponed for two weeks. If the date of a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday.

Section 4-9-1450. (A) A county which adopts or approves the nonpartisan method of electing its governing body must elect its governing body as provided in this article. All county officers must be elected as provided in this article.

(B) All county officers and members of the governing body of a county which has by ordinance adopted or by referendum approved the nonpartisan election method must be elected at the time of the general election for terms of four years and until their successors are elected and qualify. Except, that of those members first elected, in order to stagger their terms, a majority by one must be elected for terms of four years and the remaining members must be elected for terms of two years. The length of the initial terms of members must be determined by lot.

(C) The initial terms of county officers and members of a governing body elected under the provisions of this article begin as provided by law. The terms of officers' and members' predecessors are terminated at the time the officers and members of the governing body are elected under the provisions of this article.

(D) The ordinance adopting or referendum approving the nonpartisan election method is effective at the next general election if it is adopted or approved at least one hundred twenty days prior to the general election."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

DONALD H. HOLLAND, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Article 15

Nonpartisan County Elections

Section 4-9-1410. (A) The provisions of this article only apply to the election of members of the governing body of a county.

(B) The governing body of each county in this State may adopt by ordinance the method of nominating candidates for and determining the results of its nonpartisan elections as provided in Section 4-9-1420 of this section.

(C) The method of nominating candidates for and determining the results of its nonpartisan elections is the nonpartisan election and runoff election method prescribed in Section 4-9-1420.

(D) If nonpartisan elections are not provided for, nomination of candidates for county offices may be by party primary, party convention, or by petition in accordance with the applicable provisions of the state election laws and the rules of county political party organizations not in conflict with this method.

Section 4-9-1420. (A) Except as otherwise provided in this section, results in nonpartisan county elections must be determined by a majority of the votes cast. A majority within the meaning of this section must be determined as follows:

(1) When more than one person is seeking election to a single office, the majority must be ascertained by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained must be a majority, and the candidate who obtains a majority must be declared elected.

(2) When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority must be ascertained by dividing the total votes cast for all candidates by the number of offices to be filled and by dividing the result by two. Any excess of the sum so ascertained must be a majority and the candidates who obtain a majority must be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) must be declared elected.

(B) If no candidate for a single office receives a majority of the votes cast in the first election or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election must be held as provided in this subsection:

(1) If no candidate for a single office receives a majority of the votes cast in the first election, a second election must be conducted two weeks later between the two candidates receiving the highest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the runoff election must be declared elected.

(2) If candidates for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes cast in the first election, a second election must be conducted two weeks later between one more than the number of candidates necessary to fill the vacant offices. The candidates receiving the highest number of the votes cast in the second election, equal in number to the number to be elected, must be declared elected.

Section 4-9-1430. The county governing body may determine by ordinance that either filing a statement of candidacy or a petition with the county election commission is required to place the name of the candidate on the ballot in nonpartisan elections. If a petition initiates the nonpartisan election method, the petition must state wherein a statement of candidacy or a petition is required to place the name of the candidate on the ballot. If the county council determines, or if the petition states that the petition method be used, the percentage of electors required on these petitions may not be less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate.

Section 4-9-1440. If any nonpartisan county election results in a tie, the county election commission shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandis. If the date for the tie-breaking runoff election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining county elections required are postponed for two weeks. If the date of a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday.

Section 4-9-1450. (A) Members of the governing body of a county which, by ordinance, adopt the nonpartisan method of electing its governing body must elect its governing body as provided in this article.

(B) All members of the governing body of a county which adopt the ordinance required in subsection (A) must be elected at the time of the general election for terms of four years and until their successors are elected and qualify. Except, that of those first elected, in order to stagger their terms, a majority by one must be elected for terms of four years and the remaining members must be elected for terms of two years. The length of the initial terms of members must be determined by lot.

(C) The initial terms of members elected under the provisions of this article begin as provided by law for members of the governing body of a county. The terms of members of predecessors are terminated at the time members of the governing body are elected under the provisions of this article.

(D) The ordinance adopting the nonpartisan election method is effective at the next general election if it is adopted at least one hundred twenty days prior to the general election."

SECTION 2. This act takes effect upon approval by the Governor.

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