South Carolina S 37: Municipal Elections

Bill Text

2025-2026 Bill 37 Text of Previous Version (Jan. 15, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 37

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
5-15-45 SO AS TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF OFFICE FOR CERTAIN 
MUNICIPAL OFFICEHOLDERS; BY AMENDING SECTION 5-15-50, RELATING TO THE TIME FOR MUNICIPAL 
GENERAL ELECTIONS, SO AS TO REQUIRE THAT MUNICIPAL GENERAL ELECTIONS BE HELD 
ONLY ON CERTAIN ENUMERATED DATES; BY AMENDING SECTION 5-15-100, RELATING TO THE 
FUNCTIONS, POWERS, AND DUTIES OF MUNICIPAL ELECTION COMMISSIONS, SO AS TO 
REQUIRE MUNICIPAL ELECTION COMMISSIONS CERTIFY RESULTS NOT LATER THAN THREE 
DAYS FOLLOWING AN ELECTION; BY AMENDING SECTION 5-15-120, RELATING TO MUNICIPAL 
ELECTION RESULTS, SO AS TO PROVIDE A CANDIDATE WHO IS DECLARED ELECTED BY 
CERTIFICATION OF THE ELECTION RESULTS HAS THE RIGHT TO TAKE THE OATH OF OFFICE 
AND TO PERFORM THE DUTIES OF THE OFFICE PENDING THE OUTCOME OF A CONTEST; BY 
AMENDING SECTION 5-15-130, RELATING TO PROCEDURES FOR CONTESTING THE RESULTS OF 
AN ELECTION, SO AS TO REVISE THE DATE IN WHICH A WRITTEN NOTICE OF CONTEST MUST 
BE PROVIDED; BY AMENDING SECTION 5-15-140, RELATING TO APPEALS FROM DECISIONS 
OF MUNICIPAL ELECTION COMMISSIONS, SO AS TO REQUIRE APPEALS BE GRANTED FIRST 
PRIORITY OF CONSIDERATION BY THE COURT; BY AMENDING SECTION 5-15-145, RELATING 
TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS, SO AS TO UPDATE 
TERMS; BY AMENDING SECTION 7-3-25, RELATING TO THE DUTY OF THE STATE ELECTION 
COMMISSION TO DETERMINE AND CERTIFY THE OUTCOME OF CERTAIN ELECTIONS, SO AS TO 
REQUIRE THE STATE ELECTION COMMISSION TO DETERMINE AND CERTIFY THE OUTCOME OF 
CERTAIN MUNICIPAL ELECTIONS; BY AMENDING SECTION 7-13-1160, RELATING TO THE 
REPORTING OF ELECTION RESULTS TO THE STATE ELECTION COMMISSION, SO AS TO 
REQUIRE ELECTION RESULTS TO BE REPORTED CONTINUOUSLY AND WITHOUT UNDUE DELAY; 
AND BY AMENDING SECTION 7-15-420, RELATING TO THE TABULATION OF ABSENTEE 
BALLOTS, SO AS TO AUTHORIZE EARLY VOTING TABULATION DATA TO BE LOADED INTO THE 
ELECTION MANAGEMENT SYSTEM AT THE SAME TIME AS ABSENTEE BALLOT TABULATION DATA.

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

SECTION 1. Chapter 15, Title 5 of the S.C. Code is amended by 
adding:

 Section 
5-15-45. (A) Notwithstanding Section 
5-15-40, if the unexpired four-year term of a mayor or member of council began 
following a general election held:

 (1) 
in 2022 or 2023, other than a general election delayed from 2021 to 2022, then 
the term expires on the date terms begin for newly elected officers in the 
municipality following the general election to be held on April 6, 2027, or 
November 2, 2027, as applicable; or

 (2) 
in 2024 or 2025, then the term expires on the date terms begin for newly 
elected officers in the municipality following the general election to be held 
on April 3, 2029, or November 6, 2029, as applicable.

 (B) 
Notwithstanding Section 5-15-40, if the current unexpired two-year term of a 
mayor or member of council began following a general election held:

 (1) 
in 2024 or 2025, then the term expires on the date terms begin for newly 
elected officers in the municipality following the general election to be held 
on April 6, 2027, or November 2, 2027, as applicable; or

 (C) The 
provisions of this section do not apply to a municipality whose general 
elections are held on the first Tuesday after the first Monday in April in 
even-numbered years or the first Tuesday after the first Monday in November in 
even-numbered years, as provided in Section 5-15-50(E).

SECTION 2. Section 5-15-50 of the S.C. Code is amended to read:

 Section 
5-15-50. (A) Each municipal governing body may by ordinance 
establish municipal ward lines and the time for general and 
special elections within the municipality in 
accordance with the provisions of this section. Public notice of the 
elections shall be given at least sixty days prior to such elections.

 (B) The time for general elections 
within a municipality must be established in odd-numbered years:

 (1) on the first Tuesday after the first 
Monday in April; or

 (2) on the first Tuesday after the first 
Monday in November.

 (C) If the first Tuesday after the first 
Monday in November of odd-numbered years is the time for general elections 
within a municipality on or after the effective date of this section, then the 
municipal governing body must not establish a different time for its general 
elections.

 (D) If within ninety days of the 
effective date of this section a municipal governing body fails to establish by 
ordinance a time for its general elections as provided in subsection (B), then 
the time for the general elections within the municipality is the first Tuesday