Election Handbook - Municipal Association of South Carolina

Example: A city councilmember is appointed as a judge. The councilmember’s new appointment becomes effective six
months from today. The councilmember may give the city an irrevocable resignation to be effective in six months. The
municipal election commission arranges and holds an election for the councilmember’s seat. The newly elected councilmember
may not take office until six months from today.
When the governor orders an election
When a municipal election commission neglects, fails to provide for or hold an election at the time appointed, or if, for
any reason, the election is declared void by competent authority and these facts are made to the satisfaction of the
governor, he will order an election be held. The governor may designate the existing election official or other appointed
person to perform the necessary official duties pertaining to the election and to declare the results.
If only one candidate has filed and no one has declared to be a write-in candidate
If only one candidate has filed for the office and no person has filed a “declaration” to be a write-in candidate within 14
days after the close of the filing period, the municipality does not have to hold the municipal general or special election.
SC Code 7-13-190(E) The declaration could be a signed statement by the potential write-in candidate stating the name
and date of the election and the office sought. Caution: A State Attorney General’s Opinion, dated September 4, 2003,
concluded this amendment’s restriction on write-in voting is “constitutionally suspect.”
Use of paper ballots in special elections only
In special elections to fill vacancies in office, county election commission may use paper ballots if the use of voting machines
is not practicable or cost efficient. If paper ballots are used, the procedure for their use and the counting of these
ballots must adhere to state law. SC Code 7-13-460.
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