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Chapter 12 – ELECTION

  • Chapter 12 – ELECTIONS

    FOOTNOTE(S):

    — (1) —

    State Law reference— Nominations and elections for municipal offices, S.C. Code 1976, § 5-15-10 et seq.; South Carolina election law, S.C. Code 1976, § 7-1-10 et seq.; functions, powers and duties of municipal election commission, S.C. Code 1976, § 5-15-100; composition and terms of members of municipal election commission, S.C. Code 1976, § 5-15-90; political activities prohibited by members of local election commissions, S.C. Code 1976, § 7-13-75; qualifications for office, dual-office-holding, S.C. Const. art. XVII, § 1A; no property qualifications; duelists prohibited, S.C. Const. art. XVII, § 1B.

  • Sec. 12-1. – Method of election.

    The mayor and members of council shall be elected from the town at large.

    (Code 1994, § 3-101)

  • Sec. 12-2. – Qualifications for office.

    The municipal council of the town shall be composed of a mayor and four council members who shall be permanent residents and registered voters of the town and shall be elected at large for two year terms of office.

    (Code 1994, § 3-102)

  • Sec. 12-3. – Terms of office.

    The mayor and members of council shall be elected to two-year terms of office.

    (Code 1994, § 3-103)

  • Sec. 12-4. – Time of election; public notice.

    (a)

    General elections for the offices of mayor and council shall be held on the first Tuesday in May in odd-numbered years. Special elections shall be held on a date determined by the council.

    (b)

    The council shall give public notice of all municipal elections at least 60 days prior to the date set for the election.

    (Code 1994, § 3-104)

  • Sec. 12-5. – Conduct of elections; polling places.

    All municipal elections shall be conducted pursuant to the election laws of the state, with the polls open from 7:00 a.m. to 7:00 p.m. The council shall designate the polling places for the town municipal elections.

    (Code 1994, § 3-105)

  • Sec. 12-6. – Nonpartisan elections; plurality method.

    (a)

    All general and special elections for the offices of mayor and council members shall be nonpartisan elections using the plurality method to determine election results as prescribed by S.C. Code 1976, § 5-15-61. No political party affiliation shall be placed on any ballot for any candidate.

    (b)

    Election results shall 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 shall 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, shall be declared elected.

    (Code 1994, § 3-107)

  • Sec. 12-7. – Manner of filing.

    (a)

    All candidates seeking office must indicate their intentions in writing and file a statement of candidacy with the election commission no earlier than the fourth Tuesday of February at 12:00 noon and no later than the last Friday of April at 12:00 noon.

    (b)

    Such statement of candidacy shall be on forms furnished by the municipal election commission and shall be in substantially the following form:

    “I ____________ hereby state that I am a candidate for election to the office of ____________ in the Town of Meggett general/special election to be held on ____________/____________/____________. I certify that I am a qualified elector, and a resident of the Town of Meggett, South Carolina.

    Signed and filed this ____________ day of ____________, 20 ____________.

    _____
    Witness
    _____
    Candidate

     

    Candidate’s voter registration number: ____________/____________/____________

    I, ____________, a member of the Election Commission or an authorized agent of the Commission do hereby certify that the above named person did file the above Statement of Candidacy and pay the required filing fee on this ____________ day of ____________, 20 ____________.

    For the Election Commission By:____________”

    (Code 1994, § 3-108)

  • Sec. 12-8. – Filing fees.

    Persons offering as a candidate for election to the office of mayor or council member shall pay a filing fee as set by the council prior to the filing date.

    (Code 1994, § 3-109)

  • Sec. 12-9. – Taking office.

    (a)

    In general elections, each newly elected officer shall take office after certification of the election on the first regular council meeting in June after the election. In special elections the newly elected officer shall take office at the first regular or special meeting of council next following the date of the special election.

    (b)

    If the results of an election are contested, the incumbent who fills that contested office shall hold over until the contest is finally determined.

    (Code 1994, § 3-110)

  • Sec. 12-10. – Municipal election commission.

    (a)

    There is established the town municipal election commission composed of three resident electors of the town appointed by the council. Municipal election commissioners shall serve for a term of six years, provided that the initial appointments shall be made in a manner to provide for staggered terms.

    (b)

    The municipal election commission shall conduct all municipal elections for the town and shall be vested with all the functions, powers and duties as applicable to municipalities and prescribed by state law pursuant to S.C. Code 1976, § 7-1-10 et seq., as amended.

    (Code 1994, § 3-106)