Election Handbook - Municipal Association of South Carolina

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Protests Candidates file municipal election protests with the municipal election commission. If the municipal election commission has transferred its protest duties to county election commission, the county election commission will hear protests. A protest only affects the race being protested. It does not affect any other office on the ballot. Candidates must file their protests within 48 hours after the polls close (generally by 7 p.m. on Thursday). The protest must contain each ground of protest concisely stated separately. If the municipal election commission does not have an attorney as a member, the municipal election commission must call on the municipal attorney for help and guidance in conducting any protest hearing. SC Code 5-15-130. The municipal election commission will serve a copy of the protest and provide a notice of the time and place of the protest hearing for each candidate in the protested race. The municipal election commission must follow Freedom of Information Act requirements for posting the hearing notice. Commission members must hear the protest within 48 hours after it is filed. The voter registration list and poll list of each polling place used in the election must accompany the ballots, printouts or other form of voter tabulation in each proceeding in which the votes cast at that polling place are involved in a protest. It is imperative for the commission to keep complete and accurate transcripts of any protest hearing. If the decision is appealed, a complete transcript is an absolute necessity. The municipal election commission must arrange for the services of court reporter or stenographer at any protest hearing to ensure proper records are created. The candidate who is protesting and all other candidates in the protested race have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. Testimony at the hearing must be limited to the grounds stated in the written protest. The municipal election commission chair must conduct the hearing in accordance with the procedures and rules of evidence observed by the circuit courts of this state. The municipal election commission has the authority to administer oaths and subpoena witnesses. The municipal election commission must remain in session until it has reached a conclusion. Upon the conclusion of the hearing, municipal election commission members must determine all issues by majority vote made in public and certify the election results. The municipal election commission must notify all candidates in the protested race immediately. The municipal election commission files its report together with all recorded testimony and exhibits with the county clerk of court. If the decision invalidates the election, the municipal election commission must notify council. Council orders a new election involving the parties concerned. As soon as possible following the protest hearing, the municipal election commission should prepare, with the assistance of the municipal attorney, a written order setting out its decision and directions. They should provide copies of this order to all parties involved in the protest. Within 10 days after the municipal election commission’s decision, any aggrieved party may appeal to the court of common pleas. Notice of appeal shall be served on the opposing parties or their attorneys and filed in the office of the clerk of court within 10 days. The notice of appeal shall act as a stay of further proceedings pending the appeal. SC Code 5-15- 140. 21
How to determine winners of nonpartisan elections Winners are determined using one of three methods: plurality (SC Code 5-15-61), majority and runoff (SC Code 5-15-62), or primary and general election (SC Code 5-15-63). Plurality • If there is more than one candidate for an office, the candidate receiving the highest number of votes is elected. • If there are two or more offices on the ballot and there more candidates than offices to be filled, those candidates receiving the highest number of votes, equal to the number of offices to be filled, are elected. Nonpartisan election and runoff • If there is more than one candidate for an office, the majority is determined by dividing the total votes cast for all candidates for this particular office, including write-ins, by two. Any excess of this sum shall be a majority. (See NOTE below) The candidate receiving a majority is elected. • If there are two or more offices on the ballot and there more candidates than offices to be filled, the majority is determined by dividing the total votes cast for all candidates for a particular office, including write-ins, by the number of offices to be filled, then dividing the result by two. Any excess of this sum shall be a majority. (See NOTE below) Candidates receiving a majority are elected. If more candidates obtain a majority than there are offices to be filled, candidates with the highest vote (equal to the number of offices to be filled) are elected. NOTE: After dividing the total votes by the appropriate numbers, if the result is a fractional number, do not round up or round down to a whole number. For example, three candidates are running for mayor. There are 1233 total votes cast for this office. Candidate A received 310 votes, candidate B received 617 votes, and candidate C received 306 votes. After totaling the votes and dividing by 2, the sum is 616.5. Candidate B would win the election because candidate B received an excess of the majority. Even though the excess is just .5, it is still an excess. • If no candidate for a single office receives a majority of the votes cast in the first election, a second election is conducted two weeks later between the two candidates receiving the largest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the runoff election is elected. • If candidates for two or more offices are to be elected and some or all candidates do not receive a majority of the votes cast in the first election, a second election is 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 votes cast in the runoff election equal to the number of offices to be filled are elected. Write-ins are not allowed in these runoff elections. 22
Page 2 and 3: Municipal Election Commission Handb
Page 4 and 5: Training available to municipal ele
Page 6 and 7: 2. Elect a chairperson. 3. Review s
Page 8 and 9: Public notice The municipal electio
Page 10 and 11: State Ethics Commission filing form
Page 12 and 13: days after filing closes to submit
Page 14 and 15: 5 days prior to an election Assembl
Page 16 and 17: Provisional (challenged) ballots Th
Page 18 and 19: Canvassing the votes and certifying
Page 20 and 21: Certifying election results After c
Page 24 and 25: Nonpartisan primary and general ele
Page 26 and 27: Example: A city councilmember is ap
Page 28 and 29: Transfer of authority to county ele
Page 30 and 31: Sample county transfer ordinance Au
Page 32 and 33: Consolidation of precincts For the
Page 34 and 35: Sample nonpartisan election ordinan
Page 36 and 37: Sample partisan election ordinance
Page 38 and 39: Sample nonpartisan public notice (E
Page 40 and 41: Sample petition (available at www.s
Page 42 and 43: Sample nonpartisan statement of int
Page 44 and 45: Sample partisan ballot 43
Page 46 and 47: Sample poll manager’s oath (Use m
Page 48: Canvass sheet-certification of cand

Election Handbook - Municipal Association of South Carolina

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