South Carolina General Assembly
106th Session, 1985-1986

Bill 3508

                    Current Status

Bill Number:               3508
Ratification Number:       569
Act Number:                493
Introducing Body:          House
Subject:                   To provide a procedure for conducting
                           partisan and nonpartisan special elections for
                           filling vacancies
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A493, R569, H3508)

AN ACT TO AMEND ARTICLE 1, CHAPTER 13, OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOW, WHEN, AND WHERE ELECTIONS ARE HELD, SO AS TO PROVIDE A PROCEDURE FOR CONDUCTING PARTISAN AND NONPARTISAN SPECIAL ELECTIONS FOR FILLING VACANCIES, EXCEPT FOR THOSE SPECIFIC OFFICES OTHERWISE PROVIDED FOR IN THIS CODE.

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

Vacancy

SECTION 1. Article 1, Chapter 13, of Title 7 of the 1976 Code is amended by adding:

"Section 7-13-190. (A) Except as otherwise provided in this Code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.

(B) In partisan elections, the parties shall open filing for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday.

(C) If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the thirteenth Tuesday after the vacancy occurs. Both the filing date and the election date are subject to the provisions in subsection (B) of this section regarding holidays."

Time effective

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