Municipal elections

2025-2026 Bill 4669: Municipal elections - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4669
STATUS INFORMATION
General Bill
Sponsors: Reps. B. Newton, Pope, Taylor and M.M. Smith
Document Path: LC-0271HDB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House
Summary: Municipal elections
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 51
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 51
)

2/4/2026

House

Member(s) request name added as sponsor: M.M. Smith

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
5-15-50
, RELATING TO ESTABLISHMENT OF MUNICIPAL WARD LINES AND THE TIME
FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO REQUIRE THAT MUNICIPAL GENERAL
ELECTIONS BE HELD ON ONE OF CERTAIN ENUMERATED DATES; BY AMENDING SECTION
5-15-60
, RELATING TO MUNICIPALITIES ADOPTING METHODS OF NOMINATING CANDIDATES
AND DETERMINING ELECTION RESULTS, SO AS TO PROVIDE THAT ANY MUNICIPALITY WHICH
ELECTS TO HOLD PARTISAN ELECTIONS FOR MUNICIPAL OFFICES IS RESPONSIBLE FOR
PAYING ALL COSTS AND EXPENSES ASSOCIATED WITH THE CONDUCT OF A MUNICIPAL
PRIMARY; BY AMENDING SECTION
5-15-120
, RELATING TO VOTE COUNTING IN MUNICIPAL
ELECTIONS, SO AS TO ALLOW MUNICIPALITIES TO DETERMINE WHEN NEWLY ELECTED
OFFICIALS MAY BE QUALIFIED AND THEIR TERMS COMMENCE, AND TO PROVIDE THAT A
CANDIDATE DECLARED ELECTED HAS THE RIGHT TO TAKE THE OATH OF OFFICE AND PERFORM
THE DUTIES OF THAT OFFICE PENDING THE OUTCOME OF AN APPEAL; BY AMENDING SECTION
5-15-130
, RELATING TO PROCEDURES FOR CONTESTING THE RESULTS OF A MUNICIPAL
ELECTION, SO AS TO EXTEND THE DEADLINE FOR FILING A WRITTEN NOTICE OF A
CONTEST, AND TO REQUIRE A MUNICIPAL ELECTION COMMISSION TO CONDUCT A HEARING ON
A CONTEST BY A CERTAIN DATE; BY AMENDING SECTION
5-15-140
, RELATING TO APPEALS
FROM DECISIONS REGARDING MUNICIPAL ELECTION CONTESTS, SO AS TO REMOVE LANGUAGE
INDICATING A NOTICE OF APPEAL STAYS FURTHER PROCEEDINGS PENDING APPEAL, AND TO
PROVIDE THAT A COURT SHALL GIVE SUCH APPEALS FIRST PRIORITY OF CONSIDERATION;
AND BY AMENDING SECTION
5-15-145
, RELATING TO THE TRANSFER OF AUTHORITY TO
CONDUCT MUNICIPAL ELECTIONS TO COUNTY BOARDS OF VOTER REGISTRATION AND
ELECTIONS, SO AS TO REQUIRE COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS
TO CONDUCT MUNICIPAL ELECTIONS FOR MUNICIPALITIES THAT ELECT TO TRANSFER THIS
AUTHORITY.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
5-15-50
of the S.C. Code is amended to read:

S
ection
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
in accordance with Title 7, Chapter 13 of the S.C. Code of Laws
.

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

(
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 that municipality is the first
Tuesday after the first Monday in November in odd-numbered years unless
subsection (E) applies.

(
E) Notwithstanding another provision of
this section, if general elections within a municipality, as of the effective
date of this section, were on the first Tuesday after the first Monday in April
in even-numbered years, or on the first Tuesday after the first Monday in
November in even-numbered years, then the municipality may retain 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
applicable, for the date for its general elections.

(
F) This section applies only to the
election of candidates and shall not be construed as prohibiting bond or other
referendums from being held in either even-numbered years or odd-numbered
years.

S
ECTION 2.
S
ection
5-15-60
of the S.C. Code is amended to read:

S
ection
5-15-60
.
(
A)
Each municipality in this State shall adopt by
ordinance one of the following alternative methods of nominating candidates for
and determining the results of its nonpartisan elections:

(
1)
The nonpartisan plurality method prescribed in
§
Section

5-15-61
;

(
2)
The nonpartisan election and runoff election method prescribed in
§
Section

5-15-62
;
or

(
3)
The nonpartisan primary election and general election method prescribed in
§
Section

5-15-63
.

(
B)
If nonpartisan elections are
not provided for, nomination of candidates for municipal offices may be by
party primary, party convention or by petition in accordance with the
provisions of this chapter, the applicable provisions of the state election laws
and the rules of municipal political party organizations not in conflict
therewith.
Provided, any municipality which elects to hold
partisan elections for municipal offices must pay all costs and expenses
associated with the conduct of a municipal primary election.

S
ECTION 3.
S
ection
5-15-120
of the S.C. Code is amended to read:

S
ection
5-15-120
.
(
A)
Immediately upon the closing of the polls at any
municipal election, the managers shall count publicly the votes cast and make a
statement of the whole number of votes cast in such election together with the
number of votes cast for each candidate for mayor and councilman and transmit
this information to the municipal election commission. In partisan elections
the person securing the highest number of votes for mayor shall be declared
elected and the councilmen shall be selected by the following methods:

(a)
(
1)
When all councilmen are to be elected at large, the
persons receiving the highest number of votes in number equal to the number to
be chosen shall be declared elected.

(b)
(
2)
When the councilmen are to be elected from each ward
and are required to be residents of that ward, the person receiving the highest
number of votes in that ward shall be declared elected.

(c)
(
3)
When some councilmen are to be elected from each ward
and required to be residents of that ward and the remainder of the councilmen
to be elected at large, those persons receiving the highest number of votes in
each ward shall be declared elected and those persons running at large who
receive the highest number of votes in number equal to the number to be chosen
at large shall be declared elected.

(d)
(
4)
When all councilmen are to be elected at large, but
required to reside in a particular ward, the person receiving the highest
number of votes for the seat to be filled shall be declared elected.

(e)
(
5)
When all councilmen are to be elected at large, but
some are required to be residents of particular wards and other councilmen may
not be so required, the person receiving the highest number of votes for the
seat to be filled shall be declared elected.

(
B)
Newly
elected officers shall not be qualified until at least forty-eight hours after
the closing of the polls and in the case a contest is finally filed the
incumbents shall hold over until the contest is finally determined.
A municipal governing body may by ordinance determine when the
terms of its newly elected officers begin, provided the terms must begin no
earlier than forty-eight hours after the certification of the election results
and no later than eighty days after the day of the election. If a municipality
does not have an ordinance determining when the terms of its newly elected
officers begin, then the terms of the newly elected officers in the
municipality commences at the beginning of the first regular meeting of its
council in the month following the election.

(
C) 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 an appeal
unless a court of competent jurisdiction directs otherwise.

S
ECTION 4.
S
ection
5-15-130
of the S.C. Code is amended to read:

S
ection
5-15-130
.
(
A)
Within forty-eight hours after the
closing of the polls, any
A
candidate may
contest the result of the election
as reported by the
managers
by filing a written notice of such contest together with a
concise statement of the grounds therefor with the Municipal Election
Commission
not later than noon on the Monday following the
certification of the results
.
If the deadline falls
on a legal holiday, then the time for filing a written notice extends to noon
on the next day that is not a legal holiday.
Within
forty-eight hours after the filing of such notice, the
The
Municipal Election Commission shall, after due
notice to the parties concerned, conduct a hearing on the contest
,
on the Thursday following the
deadline for filing the contest. The commission must
decide the issues
raised, file its report together with all recorded testimony and exhibits with
the clerk of court of the county in which the municipality is situated, notify
the parties concerned of the decisions made, and when the decision invalidates
the election the council shall order a new election as to the parties
concerned.

(
B)
Neither the mayor nor
any member of council shall be eligible to pass on the issues arising in any
contest in which he is a party.

S
ECTION 5.
S
ection
5-15-140
of the S.C. Code is amended to read:

S
ection
5-15-140
. Within ten days after notice of the decision of the municipal
election commission, any party aggrieved thereby may appeal from such decision
to the court of common pleas. Notice of appeal shall be served on the opposing
parties or their attorneys and filed in the office of the clerk of court within
ten days.
The notice of appeal shall act as a stay of
further proceedings pending the appeal.
Appeals
shall be granted first priority of consideration by the court.

S
ECTION 6.
S
ection
5-15-145
of the S.C. Code is amended to read:

S
ection
5-15-145
.
(
A)

Municipalities are
A municipality is

authorized to transfer authority for conducting municipal elections to the
county elections commission. County elections commissions are authorized to
conduct municipal elections
for municipalities that elect
to transfer authority for conducting municipal elections pursuant to the
provisions of this section
.

(
B)
As a condition of the transfer of authority to conduct elections pursuant to
this section, the governing bodies of the municipality and the county must
agree to the terms of the transfer and enact ordinances embodying the terms of
that agreement. The municipal ordinance must state what authority is being
transferred and the county ordinance must accept the authority being
transferred.

(
C)
When the total responsibility for the conduct of a municipal election is
transferred to a county
election commission
board of voter registration and elections
, pursuant to
the provisions of this section, the municipal election commission is abolished.

(
D)
If the municipality, by ordinance transfers a portion of the responsibilities
for the conduct of a municipal election to a county

election commission
board of voter registration and
elections
, the municipality shall not abolish the municipal election
commission.

(
E) County boards of voter registration
and elections conducting municipal elections pursuant to this section may
assess municipalities fees that do not exceed actual expenses for conducting an
election. County boards of voter registration and elections must provide each
municipality with an itemized list of expenses for each election.

(E)
(
F)
A municipality which by ordinance transfers authority
for conducting municipal elections to the county
election
commission
board of voter registration and
elections
under this section may by ordinance set the filing dates for
municipal offices, and the date by which candidates must be certified to the
appropriate authority to be placed on the ballot, to run concurrently with the
filing dates set by law for countywide and less than countywide offices or
other filing dates as may be mutually agreed upon between the municipality and
the county
election commission

board of voter registration and elections
.

S
ECTION 7. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:38 PM