H 3109 Session 110 (1993-1994)
H 3109 General Bill, By C.Y. Waites, M.O. Alexander, Bailey, J.J. Bailey,
R.A. Barber, J.M. Baxley, Breeland, C.D. Chamblee, J.L.M. Cromer, J.G. Felder,
Inabinett, M.F. Jaskwhich, Kelley, W.D. Keyserling, M.H. Kinon, Kirsh, McKay,
D.E. McTeer, Neilson, J.J. Snow, L.S. Whipper, Wilder and J.B. Wilder
Similar(S 30, H 3107)
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.
01/13/93 House Introduced and read first time HJ-35
01/13/93 House Referred to Committee on Judiciary HJ-36
04/06/93 House Tabled in 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) A county may choose to elect the members of its
governing body in a nonpartisan election by one of the following
methods:
(1) The governing body of each county in this State may
adopt by ordinance one of the alternative methods of nominating
candidates for and determining the results of its nonpartisan elections
as provided in subsection (C) of this section, or
(2) A referendum requesting that one of the three
methods of nominating a candidate in a nonpartisan election be
implemented in the county as provided in subsection (C) of this
section may be called by a petition of not less than ten percent of the
registered electors of the county. Petitions must be certified as valid
or rejected by the county board of registration within sixty days after
they have been delivered to the board and, if certified, must be filed
with the governing body which shall provide for a referendum not
more than ninety days after it has been received. Referendums must
be conducted by the county election commission and may be held in
a general election or in a special election as determined by the
governing body if the conditions of this section are met. No change
from the current method of electing council members becomes
effective unless the proposed method receives a favorable vote of a
majority of those persons voting in a referendum. After a referendum
has been held and whether or not a change in the form results from it,
no additional referendums may be held for a period of four years.
(C) The three alternative methods of nominating candidates for
and determining the results of its nonpartisan elections are:
(1)the nonpartisan plurality method prescribed in Section 4-9-1420;
(2) the nonpartisan election and runoff election method
prescribed in Section 4-9-1430;
(3) the nonpartisan primary election and general election
method prescribed in Section 4-9-1440.
(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. In conducting nonpartisan elections and using the
plurality method, election results must be determined in accordance
with the following rules:
(1) When more than one person is seeking election to a single
office, the candidate who receives the highest number of votes 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, those
candidates receiving the highest number of votes, equal in number to
the number of offices to be filled, must be declared elected.
Section 4-9-1430. (A) Except as otherwise provided in this section,
results in nonpartisan county elections in counties using the election
and runoff election method 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 4-9-1440 (A) In counties whose elections are nonpartisan
and which use the nonpartisan primary election and general election
method, there must be a primary election to reduce the field of
candidates to two candidates for each position to be filled, if when the
filing period closes there are more than two candidates for a single
office or the number of candidates for a group of offices exceeds
twice the number of positions to be filled. If only one or two
candidates file for a single office, no primary election may be held for
that office and the candidates must be declared nominated.
(B) In the primary election the two candidates for a single office
receiving the highest number of votes and those candidates for a group
of offices receiving the highest number of votes, equal to twice the
number of positions to be filled, must be declared nominated.
(C) In the general election, the names of those candidates declared
nominated without a primary election and those candidates nominated
in the primary election must be placed on the ballot. The candidate for
a single office receiving the highest number of votes must be elected.
Those candidates for a group of offices receiving the highest number
of votes, equal in number to the number of positions to be filled, must
be declared elected.
Section 4-9-1450. 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. However, no candidate's name may be
placed on the ballot by petition in a general election conducted in
accordance with the provisions of Section 4-9-1440. 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 4-9-1460. 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 2. This act takes effect upon approval by the Governor.
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