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H 3734 - Requires all municipal elections to be held on certain dates

Tracking Level: Priority
Sponsor: Brandon Newton
Last Action: 10/12/2023 - Senate - Referred to Subcommittee: Campsen (ch), Hutto, Malloy, Garrett, Kimbrell
House Committee: Judy
Senate Committee: Judy
Assigned To:
ElectionsNext Bill

Staff Analysis of the Legislation

04.16.2024 The Senate Judiciary Committee met but did not take action on this bill.
01.25.2024 A Senate Judiciary subcommittee gave this bill a favorable report as amended. The amendments eliminate all municipal election commissions for cities and towns with a population below 100,000 residents. Another adopted amendment requires any currently unresolved election be certified within 30 days of the effective date of the bill. Another amendment allows cities and towns to set commencement dates for the terms of their elected officials no sooner than 48 hours after the election is certified, but no later than 75 days after certification.
04.18.2023 The House Judiciary Committee gave this bill a favorable report as amended. The amendment sets the time of commencement of terms and the adjustment of incumbent terms to comply with odd year elections.
04.06.2023 The House Judiciary Constitutional Laws subcommittee gave this bill a favorable report.
Summary of the bill as introduced: Makes several changes to municipal elections including dates, voting machines and terms of office.

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Session 125 - (2023-2024)Printer Friendly
(pdf format)
H 3734 General Bill, By B. Newton, Cobb-Hunter and Felder
Summary: Municipal elections
    A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 5-15-10, RELATING TO THE CONDUCT OF MUNICIPAL PRIMARY, GENERAL, AND SPECIAL ELECTIONS, SO AS TO REQUIRE THAT ALL SUCH MUNICIPAL ELECTIONS BE CONDUCTED USING THE VOTING SYSTEM APPROVED AND ADOPTED BY THE STATE ELECTION COMMISSION; BY AMENDING SECTION 5-15-40, RELATING TO TERMS OF OFFICE OF MAYOR AND COUNCILMEN, SO AS TO PROVIDE THAT THE TERMS OF THE MAYOR AND COUNCILMEN COMMENCE THE MONDAY FOLLOWING CERTIFICATION OF THE ELECTION RESULTS; BY AMENDING SECTION 5-15-50, RELATING TO ESTABLISHMENT OF MUNICIPAL WARD LINES AND TIME FOR MUNICIPAL GENERAL AND SPECIAL ELECTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT MUNICIPAL GENERAL ELECTIONS BE HELD ON ONE OF CERTAIN ENUMERATED DATES, PROHIBIT THE TERMS OF INCUMBENT COUNCIL MEMBERS FROM BEING EXTENDED WHEN A NEW TIME FOR MUNICIPAL GENERAL ELECTIONS IS ESTABLISHED, AND REQUIRE MUNICIPAL SPECIAL ELECTIONS SCHEDULED TO OCCUR WITHIN CERTAIN TIME FRAMES OF THE MUNICIPALITY'S GENERAL ELECTION TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION; BY AMENDING SECTION 5-15-100, RELATING TO FUNCTIONS, POWERS, AND DUTIES OF MUNICIPAL ELECTION COMMISSIONS, SO AS TO EXTEND THE TIME FRAME BY WHICH A MUNICIPAL ELECTION COMMISSION MUST MEET AND DECLARE THE RESULTS FOLLOWING AN ELECTION; BY AMENDING SECTION 5-15-120, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO CHANGE THE TIME WHEN NEWLY ELECTED OFFICERS MAY BE QUALIFIED AND THEIR TERMS COMMENCE TO THE MONDAY AFTER CERTIFICATION OF THE ELECTION RESULTS; AND BY AMENDING SECTION 5-15-145, RELATING TO TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO REQUIRE COUNTY ELECTION COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS FOR MUNICIPALITIES THAT ELECT TO TRANSFER AUTHORITY.
View full text          View Vote History          View Fiscal Impact
01/18/23House Introduced and read first time (House Journal-page 15)
01/18/23House Referred to Committee on Judiciary (House Journal-page 15)
01/26/23House Member(s) request name added as sponsor: Cobb-Hunter
04/19/23House Member(s) request name added as sponsor: Felder
04/19/23House Committee report: Favorable with amendment Judiciary (House Journal-page 24)
04/21/23 Scrivener's error corrected
04/26/23House Amended (House Journal-page 31)
04/26/23House Read second time (House Journal-page 31)
04/26/23House Roll call Yeas-111 Nays-0 (House Journal-page 32)
04/27/23House Read third time and sent to Senate (House Journal-page 7)
04/27/23Senate Introduced and read first time (Senate Journal-page 6)
04/27/23Senate Referred to Committee on Judiciary (Senate Journal-page 6)
10/12/23Senate Referred to Subcommittee: Campsen (ch), Hutto, Malloy, Garrett, Kimbrell



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Municipal Association of South Carolina
1411 Gervais St., PO Box 12109, Columbia, SC 29211
Phone: 803.799.9574, Fax: 803.933.1299, mail@masc.sc