§ 1-8-3. Nonpartisan elections; procedure.

(a)

All regular and special elections for the offices of mayor and city council for the city held after adoption of this code shall be nonpartisan elections using the nonpartisan election and runoff election method pursuant to section 5-15-60 of the 1976 Code of Laws of South Carolina.

(1)

Candidate qualifications. A candidate filing for municipal office must be a registered voter and shall have resided within the city for at least four months prior to the date of the election in which he is a candidate. The candidate shall offer proof of such residency as may be required by the municipal election commission at the time of filing.

(2)

Filing fees. Filing fees for municipal offices shall be $560 for mayor and $325 for council and shall be turned in to the city clerk at the time the statement of candidacy is submitted.

(b)

Public notice for any election shall be given no later than 90 days prior to the election. The second notice shall be given two (2) weeks after the first notice. Candidates for the office of mayor and council shall file a statement of candidacy no earlier than 74 calendar days and no later than 60 calendar days prior to the date of any scheduled election and no earlier than 59 calendar days and no later than 45 calendar days prior to the date of any special election. The municipal election commission shall place the names of the qualified candidates upon the ballot.

(c)

Pursuant to section 5-15-60 of the 1976 Code of Laws of South Carolina except as otherwise provided in this section, results in elections of the city shall be determined by a majority of votes cast. A majority within the meaning of this section shall be determined as follows:

(1)

When more than one (1) person is seeking election to a single office, the majority shall be ascertained by dividing the total votes cast for all candidates by two (2). Any excess of the sum so ascertained shall be a majority, and the candidate who obtains a majority shall be declared elected.

(2)

When more persons are seeking election to two (2) or more offices (constituting a group) than there are offices to be filled, the majority shall be ascertained by dividing the total votes cast for all candidates by the number of offices to be filled, and by dividing the results by two (2). Any excess of the sum so ascertained shall be a majority, and the candidates who obtained a majority shall be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) shall be declared elected.

(d)

If no candidate for a single office receives a majority of the votes cast in the first election, or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election shall be held as herein provided:

(1)

If no candidate for a single office receives a majority of the votes cast in the first election, a second election shall be conducted two (2) weeks later between the two (2) 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 shall be declared elected.

(2)

If candidates for two (2) or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes cast in the first election, a second election shall be conducted two (2) weeks later between one (1) more than the number of candidates necessary to fill the vacant offices. The candidates receiving the highest number of the votes cast in the second election equal in number to the number to be elected shall be declared elected.

(Code 1978, Sec. 1-8003, as amended by Ord. of 12/11/78; Ord. No. 2009-05-11(A), 5/11/09; Ord. No. 2011-04-25(A), 4/25/11)

State Law Reference : Public notice of elections, S.C. Code, Sec. 5-15-50; nonpartisan election and runoff method, S.C. Code, Sec. 5-15-60, 5-15-62.