South Carolina S 38: SLED; grant SLED specific and exclusive jurisdiction to investigate all officer-involved shootings

Bill Text

2025-2026 Bill 38 Text of Previous Version (Feb. 11, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 38

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

February 11, 2025

S. 38

Introduced 
by Senators Campsen and Zell 

S. Printed 2/11/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO 
AS TO REQUIRE SPECIAL ELECTIONS TO BE HELD ONLY ON CERTAIN ENUMERATED DATES.

 Amend Title To Conform

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

SECTION 1. Section 7-13-190 of the S.C. Code is amended to read:

 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)(1) In partisan elections, whether 
seeking nomination by political party primary or political party convention, 
filing by these candidates shall open for the office at twelve o'clock noon on 
the third Friday after the vacancy occurs for a period to close eight seven days later at 
twelve o'clock noon. If the filing period closes on a 
legal holiday, then the filing period is extended until noon on the next 
weekday that is not a legal holiday. If seeking nomination by petition, 
the petitions must be submitted not later than twelve o'clock noon, sixty days 
prior to the election. Verification of these petitions must be made not later 
than twelve o'clock noon forty-five days prior to the election. If seeking 
nomination by political party primary or political party convention, filing 
with the appropriate official is the same as provided in Section 7-11-15 and if 
seeking nomination by petition, filing with the appropriate official is the 
same as provided in Section 7-11-70.

 (2) 
A primary must be held on the first eligible date provided 
in subsection (D) that is on or following the eleventh Tuesday after the 
vacancy occurs. A runoff primary, if necessary, 
must be held on the thirteenth Tuesday after the vacancy 
occurstwo weeks after the primary. TheA special election must be held on the twentieth Tuesday after 
the vacancy occursfirst eligible date provided in 
subsection (D) that is following the date of the primary. If the twentieth Tuesday after the vacancy occurs is no more than 
sixty days prior to the general election, the special election must be held on 
the same day as the general election. 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, the election must be set for the 
next succeeding Tuesday. For purposes of this section, state holiday does not 
mean the general election day.

 (3) If there are more than twenty Tuesdays 
after a vacancy occurs in the office of House of Representatives of the 
Congress of the United States to the date provided for an eligible special 
election in subsection (D), or if there are more than thirty-five days from the 
eleventh Tuesday after a vacancy occurs in the office of State Senate or State 
House of Representatives to the date provided for an eligible primary in 
subsection (D), then the schedule to fill a vacancy in one of those offices 
must be in accordance with the following:

 (a) a primary must be held on the 
eleventh Tuesday after the vacancy occurs;

 (b) a runoff primary, if necessary, 
must be held two weeks after the primary;

 (c) a special election must be held on 
the twentieth Tuesday after the vacancy occurs; and

 (d) if the date for a primary, runoff 
primary, or special election conflicts with the holding of a statewide primary, 
statewide general election, or presidential preference primary then the 
Governor, President of the Senate, or Speaker of the House of Representatives, 
as applicable, may establish a schedule to fill a vacancy in a manner that does 
not conflict with the holding of a statewide primary, statewide general 
election, or presidential preference primary.

 (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 seven days 
later at noon. If the filing period closes on a legal 
holiday, then the filing period is extended until noon on the next weekday that 
is not a legal holiday. 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 first 
eli