Referendum Timing

2025-2026 Bill 1028: Referendum Timing - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 1028
STATUS INFORMATION
General Bill
Sponsors: Senators Bright, Goldfinch, Climer, Fernandez and Leber
Document Path: SR-0538KM26.docx
Introduced in the Senate on March 18, 2026
Currently residing in the Senate
Summary: Referendum Timing
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/18/2026

Senate

Introduced and read first time (
Senate Journal-page 4
)

3/18/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 4
)

3/24/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/18/2026
03/24/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS TO PROVIDE THAT
REFERENDA HELD PURSUANT TO SECTIONS
4-8-120
,
4-10-30
,
4-10-35
,
4-10-330
,
4-10-425
,
4-10-460
, 10-550,
4-10-570
,
4-10-740
,
4-10-750
,
4-10-760
,
4-10-930
,
4-10-980
,
4-11-265
,
4-20-20
,
4-23-1015
,
4-37-30
,
5-15-30
,
5-31-235
,
6-1-320
,
6-1-630
,
6-11-271
,
6-11-273
,
6-11-2070
,
6-13-120
,
13-12-15
,
48-9-590
,
48-11-70
,
48-11-100
,
48-11-120
,
48-11-185
,
48-11-190
, AND
61-6-2010
MUST BE HELD ON THE FIRST TUESDAY FOLLOWING
THE FIRST MONDAY IN NOVEMBER IN EVEN-NUMBERED YEARS.

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

S
ECTION 1.
S
ection
4-8-120
(C) of the S.C. Code is amended to read:

(
C) The referendum is
a special election
called only for the purpose of
determining whether or not the municipality or special purpose district shall
become a part of the consolidated political subdivision.

The referendum must be held on the first Tuesday following the first Monday in
November in even-numbered years.

S
ECTION 2.
S
ection
4-10-30
(A) of the S.C. Code is amended to read:

S
ection
4-10-30
.
(
A) The county election
commission in each county shall conduct a referendum on the
first
Tuesday following the first Monday in November
in even-numbered years
on the question of implementing
the local option sales and use tax within the county area. The state election
laws apply to the referendum mutatis mutandis. The county election commission
shall publish the results of the referendum and certify them to the county
council. The sales and use tax must not be imposed in the county area, unless
a majority of the qualified electors voting in the referendum approve the
question.

S
ECTION 3.
S
ection
4-10-35
of the S.C. Code is amended to read:

S
ection
4-10-35
.
(
A) Upon petition of fifteen
percent of the qualified electors of a county presented

to the governing body of that county which has
implemented the one percent sales and use tax authorized by this chapter
requesting that this tax be rescinded, the county governing body shall conduct
a referendum on the
first
Tuesday following the
first Monday in November
in even-numbered years

next following
on the question of rescinding the local
option sales and use tax within the county area. The state election laws apply
to the referendum mutatis mutandis. The county election commission shall
publish the results of the referendum and certify them to the county council.
The sales and use tax must be rescinded in the county area upon the
certification of the results if a majority of the qualified electors voting in
the referendum vote in favor of rescinding the tax.

(
B)
The ballot must read substantially as follows:

"
Must the one percent
local option sales and use tax levied in ___________ County pursuant to Chapter
10, Title 4 of the 1976 Code be rescinded?

Y
es ☐

N
o ☐"

(
C) A
referendum for rescission of this tax may not be held earlier than two years
after the tax has been levied in the county. If a majority of the qualified
electors voting in the rescission referendum vote against rescinding the tax,
then
no further rescission referendums may be held for a
period of two years. If a majority of the qualified electors vote in favor of
rescinding the tax,
then
the tax may not be
reimposed in the county for a period of two years. The petition requesting
rescission must be presented to the county governing body at least one hundred
twenty days before the
first
Tuesday following the
first Monday of November
in the year the referendum is to
be held
of that year or the referendum must be held
on the Tuesday following the first Monday of November of the following year
.

S
ECTION 4.
S
ection
4-10-330
(C) of the S.C. Code is amended to
read:

(
C)
(1)
Upon
receipt of the ordinance, the county election commission must conduct a
referendum on the question of imposing the sales and use tax in the area of the
county that is to be subject to the tax. The referendum for imposition or
reimposition of the tax must be held
at the time of the
general election
on the first Tuesday following the
first Monday in November in even-numbered years
.
Subject
to item (2), two

Two
weeks before the
referendum
,
the election commission must publish in
a newspaper of general circulation the question that is to appear on the
ballot, with the list of projects and the cost of the projects. If the proposed
question includes the use of sales taxes to defray debt service on bonds issued
to pay the costs of any project, the notice must include a statement indicating
that principal amount of the bonds proposed to be issued for the purpose and,
if the issuance of the bonds is to be approved as part of the referendum, stating
that the referendum includes the authorization of the issuance of bonds in that
amount. This notice is in lieu of any other notice otherwise required by law.

(
2) If the referendum on the question
of imposing sales and use tax is conducted in an odd-numbered year, and it is
the only matter being considered at the general election, then six weeks before
the referendum, the election commission must publish in a newspaper of general
circulation the question that is to appear on the ballot, with the list of
projects and the cost of the projects.

S
ECTION 5.
S
ection
4-10-425
(B) of the S.C. Code is amended to
read:

(
B) Upon receipt of a resolution from
the board of trustees of a school district, the election authority shall
conduct a referendum on the question of imposing the tax in the county
on the first Tuesday following the first Monday in November in
even-numbered years
. Notice of the election must be provided in the
manner provided by the general election law and include the question to be
voted upon in the referendum. Expenses of the referendum must be paid by the
school district or school districts for which the referendum is being held.

S
ECTION 6.
S
ection
4-10-460
of the S.C. Code is amended to read:

S
ection
4-10-460
. The tax authorized in this article may be renewed and imposed within
a county in the same manner as proceedings for the initial imposition of the
tax. A referendum on the question of reimposition of a tax must
not
be held
earlier than

on the first Tuesday following the first Monday in November in
even-numbered years
within the calendar year

which is
not less than
two years before the
calendar year in which the tax then in effect is scheduled to terminate, but
any reimposition is effective immediately upon the termination of the tax
previously imposed.

S
ECTION 7.
S
ection
4-10-550
of the S.C. Code is amended to read:

S
ection
4-10-550
.
(
A) The sales and use tax
authorized by this article is imposed by an enacting ordinance of the county
council.

(
B)
Upon receipt of the ordinance, the county election commission shall conduct a
referendum on the question of imposing the sales and use tax. A referendum for
this purpose must be held
at the time of the general
election
on the first Tuesday following the first
Monday in November in even-numbered years
. Two weeks before the
referendum the election commission shall publish in a newspaper of general
circulation the question that is to appear on the ballot. This notice is in
lieu of any other notice otherwise required by law.

(
C)
The referendum question to be on the ballot must read substantially as follows:

"
Must a sales and use
tax be imposed in to replace property tax revenues not collected because of a

one hundred percent property tax exemption for
private passenger motor vehicles, motorcycles, general aviation aircraft,
boats, and boat motors otherwise taxable in the county?

Y
es [ ]

N
o [ ]"

(
D)
All qualified electors desiring to vote in favor of imposing the tax shall vote
"Yes" and all qualified electors opposed to imposing the tax shall vote "No".
If a majority of the votes cast are in favor of imposing the tax, then the tax
is imposed as provided in this article and beginning for motor vehicle tax
years beginning on and after that date, and all other property tax years
beginning after the year in which the referendum is held, all private passenger
motor vehicles as defined in Section
56-3-630
, motorcycles, general aviation
aircraft, boats, and boat motors otherwise taxable in the county are exempt
from property taxes levied in the county. The election commission shall
conduct the referendum under the election laws of this State, mutatis mutandis,
and shall certify the result no later than December thirty-first to the county
governing body and to the Department of Revenue.

(
E)
Upon receipt of the returns of the referendum, the county council, by
resolution, shall declare the results thereof. The results of the referendum
may not be questioned except by a suit or proceeding instituted within thirty
days from the date the resolution is adopted.

S
ECTION 8.
S
ection
4-10-570
of the S.C. Code is amended to read:

S
ection
4-10-570
.
(
A) Upon petition of at
least fifteen percent of the qualified electors of a county presented to the
county council of the county which has implemented the sales and use tax
authorized by this article requesting that this tax be rescinded, the council
shall direct the county election commission to conduct a referendum on the
question of rescinding the sales and use tax. A referendum for this purpose
must be held on the
first
Tuesday following the
first Monday in November
in an even-numbered year

following verification of the petition. Two weeks before the referendum the
election commission shall publish in a newspaper of general circulation the
question that is to appear on the ballot. This notice is in lieu of any other
notice otherwise required by law.

(
B)
The referendum question to be on the ballot must read substantially as follows:

"
Must the sales and
use tax imposed in be rescinded with the revenue not collected replaced by
extending the property tax to private passenger motor vehicles, motorcycles,
general aviation aircraft, boats, and boat motors previously not subject to
property tax in this county?

Y
es [ ]

N
o [ ]"

(
C)
(
1) All qualified electors desiring to
vote in favor of rescinding the tax shall vote "Yes" and all qualified electors
opposed to rescinding the tax shall vote "No". If a majority of the votes cast
are in favor of rescinding the tax, then the tax is rescinded effective July
first following the referendum and

property taxes apply to
all private passenger motor vehicles, motorcycles, general aviation aircraft,
boats, and boat motors taxable in the county for motor vehicle tax years
beginning after June 30 following the referendum and other property tax years beginning
after the year in which the referendum is held. The election commission shall
conduct the referendum under the election laws of this State, mutatis mutandis,
and shall certify the result no later than December thirty-first to the county
council. If a majority "Yes" vote is certified,
then
it
must be certified to the Department of Revenue by the same date.

(
2)
Upon receipt of the return of the referendum, the county council shall declare
the results thereof by resolution. The results of the referendum may not be
questioned except by a suit or proceeding instituted within thirty days from
the date the resolution is adopted.

(
D) A
referendum for rescission of this tax may not be held earlier than two years
after the tax has been imposed in the county. If a majority of the qualified
electors voting in the rescission referendum vote against rescinding the tax,
then
no further rescission referendums may be held for a
period of two years. If a majority of the qualified electors vote in favor of
rescinding the tax,
then
the tax may not be
reimposed in the county for a period of two years. The petition requesting
rescission must be presented to the county governing body at least one hundred
twenty days before the
first
Tuesday following the
first Monday of November of
that
an even-numbered
year
or the
referendum must be held on the Tuesday following the first Monday of November
of the following year
.

S
ECTION 9.
S
ection
4-10-740
(A) of the S.C. Code is amended to
read:

S
ection
4-10-740
.
(
A) Upon receipt of the
ordinance, the county election commission shall conduct a referendum on the
question of imposing the sales and use tax. A referendum for this purpose must
be held on the first Tuesday after the first Monday in November in
any
an even-numbered
year.
Two weeks before the referendum, the election commission shall publish in a
newspaper of general circulation the question that is to appear on the ballot.
This notice is in lieu of any other notice otherwise required by law.

S
ECTION 10.
S
ection
4-10-750
(B) of the S.C. Code is amended to
read:

(
B) If the sales and use tax is not
approved in the referendum,
then
the county
governing body by ordinance, or seven percent of the qualified electors of the
county, by an initiated ordinance submitted to the governing body of the
county, may provide for a subsequent referendum held in the manner provided
pursuant to Section
4-10-740
, but such a referendum may
. The referendum must
be held only on the first Tuesday
after the first Monday in November in
any
an even-numbered
year.

S
ECTION 11.
S
ection
4-10-760
(A) of the S.C. Code is amended to
read:

(
A) Upon petition of at least seven
percent of the qualified electors of a county presented to the county council
of the county which has implemented the sales and use tax authorized by this
article requesting that this tax be rescinded, the council shall direct the
county election commission to conduct a referendum on the question of
rescinding the sales and use tax. A referendum for this purpose must be held
on the
first
Tuesday following the first Monday in
November
of an even-numbered year
following verification
of the petition. Two weeks before the referendum, the election commission
shall publish in a newspaper of general circulation the question that is to
appear on the ballot. This notice is in lieu of any other notice otherwise
required by law.

S
ECTION 12.
S
ection
4-10-760
(D) of the S.C. Code is amended to
read:

(
D) A referendum for rescission of this
tax may not be held earlier than two years after the tax has been imposed in
the county. If a majority of the qualified electors voting in the rescission
referendum vote against rescinding the tax,
then
no
further rescission referendums may be held for a period of two years. If a
majority of the qualified electors vote in favor of rescinding the tax,
then
the tax may not be reimposed in the county for a
period of two years. The petition requesting rescission must be presented to
the county governing body at least one hundred twenty days before the
first
Tuesday following the first Monday of November of
that
an even-numbered
year
or the referendum must be held on the Tuesday following the
first Monday of November of the following year
.

S
ECTION 13.
S
ection
4-10-930
(B) of the S.C. Code is amended to
read:

(
B)
(
1) Upon the adoption of a resolution
calling for a referendum by the municipal council, the municipal election
commission in each municipality shall conduct a referendum on the first Tuesday

following the first Monday in November in an even-numbered
year
ninety days
after the adoption of the
resolution on the question of implementing the fee within the municipality. The
state election laws apply to the referendum, mutatis mutandis. The municipal
election commission shall publish the results of the referendum and certify
them to the municipal council. The fee must not be imposed in the municipality,
unless a majority of the qualified electors voting in the referendum approve
the question.

(
2)
The ballot must read substantially as follows:

"
Must a one
percent fee on the gross proceeds of sales or sales price of all amounts
subject to the sales and use tax imposed pursuant to Chapter 36, Title 12, but
not the gross proceeds of the sale of items subject to a maximum tax in Chapter
36, Title 12 and the gross proceeds of sales of unprepared

food that lawfully may be purchased with United
States Department of Agriculture food coupons, be levied in ___________ for the
purpose of tourism advertisement and promotion directed at non-South Carolina
residents?

Y
es ☐

N
o ☐"

(
3)
If the question is not approved at the initial referendum,
then
the municipal council may call for another
referendum on the question.
However, following the initial
referendum, a referendum for this purpose must not be held more often than once
in a twenty-four month period on the Tuesday following the first Monday in
November in even-numbered years.

(
4)
Two weeks before the referendum, the municipal council shall publish in a
newspaper of general circulation within the jurisdiction a description of and
the uses for the fee.

S
ECTION 14.
S
ection
4-10-930
(C)(3) of the S.C. Code is amended to
read:

(
3) A referendum for rescission of this
fee
must be held on the first Tuesday following the first
Monday in November in even-numbered years.
may not
be held earlier than two years after the fee has been levied in the
municipality. If a majority of the qualified electors voting in the rescission
referendum vote against rescinding the fee, no further rescission referendums
may be held for a period of twenty-four months on the first Tuesday following
the first Monday in November of even-numbered years. If a majority of the
qualified electors vote in favor of rescinding the tax, the fee may not be
reimposed in the municipality for a period of two years.

S
ECTION 15.
S
ection
4-10-980
of the S.C. Code is amended to read:

S
ection
4-10-980
. The fee authorized in this article may be renewed and imposed within
a municipality in the same manner as authorized by this article for the initial
imposition of the fee. If the fee is reimposed pursuant to Section
4-10-930
(A)(2),
then
the referendum on the question
of reimposition of the fee must
not
be held
on the first Tuesday following the first Monday in November in
even-numbered years

earlier than within the
calendar year
which is two years before the calendar year in which the
fee then in effect is scheduled to terminate. Notwithstanding Section
4-10-930
(D) and (E), any reimposition of the fee is effective immediately upon
the termination of the fee previously imposed. Revenues from the reimposition
must be expended for the same purposes as set forth in this article, and the
provisions of Section
4-10-970
(A)(2) apply immediately upon reimposition.

S
ECTION 16.
S
ection
4-11-265
(B) of the S.C. Code is amended to
read:

(
B) The referendum must be conducted
only at the time of a general election
on the first Tuesday following the first Monday in November in
even-numbered years
. Ballots must be printed with the following
questions printed on them:

5

6

☐

Shall the governing body of (insert name)
district be

7

8

elected and have fiscal autonomy to approve a
budget

9

10

and instruct the local auditor to fix a
millage sufficient to

11

raise the budget amount?

12

13

☐

Shall the governing body of (insert name)
district be

14

15

appointed by and have its annual budget
subject to final

16

17

approval of the governing body of the county
in which it

18

is located? Mark one.

S
ECTION 17.
S
ection
4-20-20
(E) of the S.C. Code is amended to read:

(
E) The election
may

must
be held on
the
date set for a state general election or on a date set for a special election,
as determined by the county council, and must be held, regulated, and conducted
as prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in
this act
the first Tuesday following the first
Monday in November in even-numbered years
.

S
ECTION 18.
S
ection
4-23-1015
(C) of the S.C. Code is amended to
read:

(
C) Notwithstanding the provisions of
Section
6-1-320
, the commission is authorized to impose a millage levy after
2014 it considers appropriate and necessary for the operation of the district
above that permitted by Section
6-1-320
upon a favorable vote of the registered
electors of the district in a referendum called for this purpose by the
commission.
Any further referenda held pursuant to this
section must be held on the first Tuesday following the first Monday in
November in even-numbered years.

S
ECTION 19.
S
ection
4-37-30
(B)(1)(d) of the S.C. Code is amended to
read:

(
d) Upon receipt of the ordinance, the
county election commission shall conduct a referendum on the question of
authorizing an authority to use tolls in the jurisdiction. The referendum must
be held on the first Tuesday
occurring sixty days
following the first Monday in November in even-numbered years

after the election commission receives the ordinance.
If
that Tuesday is a legal holiday then the referendum must be held on the next
succeeding Tuesday that is not a holiday.
The commission shall publish
the date and purpose of the referendum once a week for four consecutive weeks
immediately preceding the date of the referendum, in a newspaper of general
circulation in the jurisdiction. A public hearing must be conducted at least
fourteen days before the referendum, after publication of a notice setting
forth the date, time, and location of the public hearing. The notice must be
published in a newspaper of general circulation in the county at least fourteen
days before the date fixed for the public hearing.

S
ECTION 20.
S
ection
5-15-30
of the S.C. Code is amended to read:

S
ection
5-15-30
. If by action of a majority of council, or if fifteen percent of the
registered municipal electors present to the municipal election commission a
duly executed petition on which none of the signatures is more than six months
old, in which an election is sought to change the number of council members to
a number authorized by the form of government under which the municipality is
then operating or to change the method of election of council members, then the
municipal governing body shall call a referendum
not later
than ninety days nor earlier than thirty days
after the petition has
been certified and delivered to the governing body by the municipal election
commission.
The referendum must be held on the first
Tuesday following the first Monday in November in even-numbered years.

A petition must be certified as valid or rejected by the municipal election
commission within sixty days after it has been delivered to the commission.
There may be only one question framed by the municipal governing body for the
referendum in a format similar to that provided by Section
5-5-40
, and no other
election on the same question may be held for two years after that time. If
more than one petition is received before publication of a notice of special
election,
then
the change sought in the petition
bearing the highest number of qualified signatures must be submitted on the
ballot. A change receiving a majority of the votes cast is effective at the
next general election of the municipality.

S
ECTION 21.
S
ection
5-31-235
of the S.C. Code is amended to read:

S
ection
5-31-235
.
(
A) If the commissioners
of public works unanimously, by resolution, petition

the municipal council to abolish the commission,
then
the municipal council may, after a public hearing,
adopt an ordinance abolishing the commission of public works.

(
B)
The municipal council of any municipality shall, upon receiving a petition
signed by thirty percent of the registered voters of the qualified voters of
the municipality, call for a binding referendum to determine whether or not the
Commission of Public Works must be abolished. The referendum must be held in
accordance with the general election laws of this State
on
the first Tuesday following the first Monday in November in even-numbered years
.
The question on the ballot must be as follows: "Shall the Commission of Public
Works of the municipality of (name of the appropriate municipality) be
abolished?"

Y
es ☐

N
o ☐

(
C)
If a majority of the voters who vote in that referendum determines that the
Commission of Public Works be abolished, then the municipal council shall adopt
an ordinance abolishing the Commission of Public Works and the municipality
shall assume all the rights, duties, responsibilities, assets, and liabilities
of the former Commission of Public Works. The Commission of Public Works shall
cease to exist as of the date of the final passage of the ordinance abolishing
it, and the municipality shall assume the rights, duties, responsibilities,
assets, and liabilities of the former Commission of Public Works at the same
instant. The referendum provided for in subsection (B), whether successful or
unsuccessful, may not be conducted more often than every thirty-six months.

(
D)
As an alternative to the procedure provided in subsections (B) and (C), a
commission of public works may be abolished by an affirmative vote of a
majority of the members of the commission transferring the rights, duties,
responsibilities, assets, and liabilities of the former commission to a
municipality. The transfer is effective when the municipality adopts an
ordinance accepting the transfer.

(
E)
The provisions of subsections (B), (C), and (D) of this section apply only to a
municipality which has been created as a result of the consolidation of two or
more municipalities.

S
ECTION 22.
S
ection
6-1-320
(G) and (H) of the S.C. Code is amended
to read:

(
G)
(
1)
Notwithstanding the limitation upon millage rate increases contained in
subsection (A), a fire district's governing body may adopt an ordinance or
resolution requesting the governing body of the county to conduct a referendum
to suspend the millage rate limitation for general operating purposes of the
fire district. If the governing body of the county agrees to hold the
referendum and subject to the results of the referendum,
then

the millage rate limitation may be suspended and the millage rate may be
increased for general operating purposes of the fire district. The referendum
must be held
on the first Tuesday following the first
Monday in November in even-numbered years
at the
time of the general

election
, and upon a majority of the qualified voters
within the fire district voting favorably in the referendum, the millage rate
may be increased in the next fiscal year. The referendum must include the
amount of the millage increase. The actual millage levy may not exceed the
millage increase specified in the referendum.

(
2)
This subsection only applies to a fire district that existed on January 1,
2014, and serves less than seven hundred homes.

(
H)
Notwithstanding the limitation upon millage rate increases contained in
subsection (A), the governing body of a county may adopt an ordinance, subject
to a referendum, to suspend the millage rate limitation for the purpose of
imposing up to six-tenths of a mill for mental health. The referendum must be
held
on the first Tuesday following the first Monday in
November in even-numbered years
at the time of the
general election
, and upon a majority of the qualified voters within the
county voting favorably in the referendum, this special millage may be imposed
in the next fiscal year. The state election laws apply to the referendum
mutatis mutandis. This special millage may be removed only upon a majority vote
of the local governing body. The amounts collected from the increased millage:

(
1)
must be deposited into a mental health services fund separate and distinct from
the county general fund and all other county funds;

(
2)
must be dedicated only to expenditures for mental health services in the
county; and

(
3)
must not be used to supplant existing funds for mental health programs in the
county.

S
ECTION 23.
S
ection
6-1-630
(B) of the S.C. Code is amended to read:

(
B) Upon the adoption of an ordinance
calling for a referendum, the county election commission shall conduct a
referendum
at the time specified in the ordinance
on
the question of implementing a one percent beach preservation fee.
The referendum must be held on the first Tuesday following the
first Monday in November in even-numbered years.
The state election laws
apply to the referendum, mutatis mutandis. The county election commission shall
publish the results of the referendum to certify them to the governing body.
The beach preservation fee must not be imposed unless a majority of the
qualified electors residing in the municipality voting in the referendum vote
in favor of the referendum.

S
ECTION 24.
S
ection
6-11-271
(D) of the S.C. Code is amended to
read:

(
D) Notwithstanding any other provision
of law, any special purpose district within which taxes are authorized to be
levied for maintenance and operation in accordance with the provisions of
subsections (B) or (C) of this section, or otherwise, may request the
commissioners of election of the county in which the special purpose district
is located to conduct a referendum to propose a modification in the tax millage
of the district. Upon receipt of such request, the commissioners of election
shall schedule

and conduct the
requested referendum
on a date specified by the governing
body of the district
on the first Tuesday following
the first Monday in November in even-numbered years
. If approved by
referendum, such modification in tax millage shall remain effective until
changed in a manner provided by law.

S
ECTION 25.
S
ection
6-11-273
of the S.C. Code is amended to read:

S
ection
6-11-273
.
(
A)
Notwithstanding any other provision of law, any
special purpose district created by an act of the General Assembly which is
authorized to levy taxes for the operation of the district may request the
commissioners of election of the county in which the district is located to
conduct a referendum to propose a change in the tax millage of the district.
Upon receipt of such request the commissioners of election shall schedule and
conduct the requested referendum
on a date specified by
the governing body of the district
on the first
Tuesday following the first Monday in November in even-numbered years
.

(
B)
If a majority of the
qualified electors of the district voting in the referendum vote in favor of
the proposed tax millage change,
then
the governing
body of the district shall by resolution adopt the new millage rate which shall
thereupon have the full force and effect of law.

S
ECTION 26.
S
ection
6-11-2070
of the S.C. Code is amended to read:

S
ection
6-11-2070
. Upon receipt of a petition pursuant to Section
6-11-2050
, and
provided that the governing body of the district has received all necessary
resolutions or ordinances conforming with Section
6-11-2030
from each successor
provider, the governing body shall within thirty days of the petition action
adopt a resolution by which it authorizes a referendum to be held on the
question of the dissolution of the district. The referendum must be held on the
date of the general election in November of the even-numbered year if the
governing body has received all required resolutions or ordinances and the
petition by one hundred twenty days before that election. If all required
resolutions or ordinances and the petition are not received by that deadline,
then
the governing body must schedule the referendum for
the next following general election
for the House of
Representatives
.

S
ECTION 27.
S
ection
6-13-120
(C) of the S.C. Code is amended to
read:

(
C) A petition signed by not less than
twenty-five percent of the resident customers of the district, excluding
corporations, requesting the dissolution of the district and identifying the
assuming service provider must be presented to the governing body of the
district. The governing body shall verify the petition within thirty days, and
notify the county election commission of the county, or counties if the

district is located in
more than one county, in which the district is located of those customers
eligible to vote in a referendum which must be held
within
sixty days after notification to the election commission
on the first Tuesday following the first Monday in November in
even-numbered years
. The district shall give thirty days notice to its
customers of the referendum by including in the monthly statement for services
a separate sheet of paper on which is printed the notice of the referendum
which must state the time, date, purpose, and location where customers may
vote. The commission, or commissions, if the district is located in more than
one county, shall prepare the ballots, conduct the referendum, and determine
its results pursuant to the election laws of this State, mutatis mutandis. The
district shall reimburse the commission, or commissions, if the district is
located in more than one county, for all costs incurred in conducting the
referendum. If sixty percent of the resident users of the district voting in
the referendum, excluding corporations, vote in favor of the dissolution of the
district and its transfer to the assuming service provider, it is effective
upon the assumption, by ordinance if assumed by a municipality or county, or by
resolution if assumed by a special purpose district or nonprofit corporation,
of all debts and obligations by the governing body of the assuming service
provider. An assuming service provider must be located in the county where the
district is located or be authorized to serve a contiguous area.

S
ECTION 28.
S
ection
13-12-15
of the S.C. Code is amended to read:

S
ection
13-12-15
.
U
pon the implementation of the provisions
of this chapter, should only two of the three counties of Berkeley, Dorchester,
and Charleston have elected to participate by approval of the initial
referendum, the governing body of the nonparticipating county may thereafter
call a referendum in such county on the question of participation in the
authority.
The referendum must be held on the first
Tuesday following the first Monday in November in even-numbered years.
After one referendum has been held under the provisions of
this section, no more than one such referendum may thereafter be held within a
two year period.
The referendum question shall read as follows:

"
Shall [insert name
of county] join in the Trident Economic Development Finance Authority which
shall have the power, among other things, with the approval of the governing
bodies of Berkeley, Dorchester, and Charleston counties, to issue general
obligation bonds for the purpose of promoting economic development in the area
of the authority?

31

Yes

☐

32

No

☐

"
Those voting in
favor of the question shall deposit a ballot with a check or cross mark in the
square before the word 'Yes', and those voting against the question shall
deposit a ballot with a check or cross mark in the square before the word
'No'."

If this question receives a majority of the
votes cast in the county, as certified by the Board of State Canvassers, the
jurisdictional area of the authority shall be expanded to include the approving
county on the date on which written evidence of this fact is transmitted to the
Secretary of State.

S
ECTION 29.
S
ection
48-9-590
of the S.C. Code is amended to read:

S
ection
48-9-590
. The department shall pay all expenses for the issuance of such
notices and the conduct of such hearings and referenda and shall supervise the
conduct of such hearings and referenda. It shall issue appropriate regulations
governing the conduct of such hearings and referenda and providing for the
registration prior to the date of the referendum of all eligible voters or
prescribing some other appropriate procedure for the determination of those
eligible as voters in such referendum. No informalities in the conduct of such
referendum or in any matters relating thereto shall invalidate the referendum
or the result thereof if notice thereof shall have been given substantially as
provided in Section
48-9-540
and such referendum shall have been fairly
conducted.
The referendum must be held on the first
Tuesday following the first Monday in November in even-numbered years.

S
ECTION 30.
S
ection
48-11-70
of the S.C. Code is amended to read:

S
ection
48-11-70
. After the board of commissioners of the soil and water conservation
district has recorded a determination that there is need in the interest of the
public health, safety, and welfare for a watershed conservation district to
function in the territory considered at the hearing and that the operation of
the watershed conservation district is administratively practicable and
feasible and has defined its boundaries, the board shall determine whether the
majority of the qualified electors residing in the proposed watershed
conservation district desire that the district be created. To make this
decision a referendum to approve or disapprove the creation of the watershed
conservation district must be held by the county election commission
in the next scheduled countywide election
in the counties
in which the proposed district is located
on the first
Tuesday following the first Monday in November in even-numbered years
.
Only qualified electors residing in the watershed are eligible to vote in the
referendum. Applicable rules of the election apply to the referendum. Due
notice of the referendum must be given by the board of commissioners. The
notice must describe the boundaries of the proposed watershed district as
determined by the board of commissioners of the soil and water conservation
district, as provided in Section
48-11-60
(B) and must state the authority for
taxes to be levied each fiscal year for the purposes of the watershed
conservation district. If the majority of the qualified electors voting in the
referendum approve the creation of the watershed conservation district,
then
the district is established and must be organized
pursuant to this chapter.

S
ECTION 31.
S
ection
48-11-100
(C)(4) of the S.C. Code is amended to
read:

(
4) If the board of commissioners
determine that the prerequisites are met,
then
a
referendum to approve or disapprove the change in the procedure for selecting
watershed conservation district directors must be held by the county election
commission
in the next scheduled countywide election
in
the counties where the watershed conservation district is located
on the first Tuesday following the first Monday in November in
even-numbered years
. Applicable rules of the scheduled election apply
to the referendum. Due notice of the referendum must be given by the county
election commission. Notice must state that, if the procedure for selecting
watershed conservation district directors is changed from election to
appointment, the change is effective as current terms expire and that the
authority of the watershed conservation district to levy an annual tax on real
property in the district ceases when the first of the current terms expires and
has been filled by appointment and continues as long as directors are appointed
instead of elected. Only qualified electors residing in the watershed
conservation district may vote in the referendum.

S
ECTION 32.
S
ection
48-11-120
(B) of the S.C. Code is amended to
read:

(
B) The board of commissioners shall
hold a hearing on a proposal for bonds or other long term indebtedness required
by law to be voted upon at an election after having given due notice of the
hearing. If it appears that the proposal is within the scope and purpose of
this chapter and meets all other requirements of the law,
then

the proposal must be submitted to the qualified electors residing in the
watershed conservation district by a referendum held
in
the next scheduled countywide election in the counties
on the first Tuesday following the first Monday in November in
even-numbered years
.

S
ECTION 33.
S
ection
48-11-185
(C) of the S.C. Code is amended to
read:

(
C) If the board of commissioners
determines that the operation of the new single watershed conservation district
is administratively practicable and feasible,
then

a referendum to approve or disapprove the consolidation of the watershed
conservation districts must be held by the county election commission
in the next scheduled countywide election
in the counties
in which the watershed is located
on the first Tuesday
following the first Monday in November in even-numbered years
.
Applicable rules of the scheduled election apply to the referendum. Due notice
of the referendum must be given by the county election commission. The notice
must name the proposed watershed conservation district and describe its
boundaries and state the authority for taxes to be levied each year for the
purposes of

the watershed
conservation district. Only qualified electors residing in the proposed
watershed conservation district may vote in the referendum.

S
ECTION 34.
S
ection
48-11-190
(B) of the S.C. Code is amended to
read:

(
B) If it is determined that the
reasons given for discontinuance are valid and all obligations have been met,
then
the board of commissioners shall notify the county
election commission who, after giving due notice, shall hold a referendum on
the discontinuance of the watershed conservation district
on
the first Tuesday following the first Monday in November in even-numbered years
in the next countywide election in the county
. Due
notice of the referendum must contain a description of the watershed conservation
district proposed to be discontinued. Only qualified electors of the watershed
conservation district may vote in the election. The county election commission
shall tabulate the results of the referendum at the close of the polls, deliver
a written report of the results to the board of commissioners of the soil and
water conservation district, and certify the results to the clerks of court and
auditors of the counties involved.

S
ECTION 35.
S
ection
61-6-2010
(C) of the S.C. Code is amended to
read:

(
C)
(
1) A permit authorized by this
section may be issued only in those counties or municipalities where a majority
of the qualified electors voting in a referendum vote in favor of the issuance
of the permit. The county or municipal election commission, as the case may be,
shall conduct a referendum upon petition of at least ten percent but not more
than seven thousand five hundred qualified electors of the county or
municipality, as the case may be. The petition form must be submitted to the
election commission not less than one hundred twenty days before the date of
the referendum. The names on the petition must be on the petition form provided
to county election officials by the State Election Commission. The names on the
petition must be certified by the election commission within sixty days after
receiving the petition form. The referendum must be conducted
at the next general election
on the
first Tuesday following the first Monday in November in even-numbered years
.
The election commission shall cause a notice to be published in a newspaper
circulated in the county or municipality, as the case may be, at least seven
days before the referendum. The state election laws shall apply to the
referendum, mutatis mutandis. The election commission shall publish the results
of the referendum and certify them to the South Carolina Department of Revenue.
On or after June 21, 1993, the question on the ballot shall be one or both of
the following:

(
a)
"Shall the South Carolina Department of Revenue be authorized to issue
temporary permits in this (county) (municipality) for a period not to exceed
twenty-four hours to allow the possession, sale, and consumption of alcoholic
liquors by the drink to bona fide nonprofit organizations and

business establishments
otherwise authorized to be licensed for consumption-on-premises sales?" or

(
b)
"Shall the Department of Revenue be authorized to issue temporary permits in
this (county) (municipality) for a period not to exceed twenty-four hours to
allow the sale of beer and wine at permitted off-premises locations without
regard to the days or hours of sales?".

(
2)
On or after June 21, 1993, a question authorized by this subsection may not
appear on the ballot for a county or municipality less than forty-eight months
following the failure of a question authorized by this subsection in said
county or municipality.

(
3)
The expenses for a referendum for this purpose must be paid by the county or
municipality conducting the referendum.

(
4)
In addition to the petition method of calling the referendum provided for in
item (1) of this subsection, a county or municipal governing body by ordinance
may also call the referendum. Upon receipt of a copy of the ordinance filed
with the county or municipal election commission at least sixty days before the
date of the next general election
for the House of
Representatives
, the commission shall conduct the referendum in the
manner provided in this section at that general election. The provisions of this
item are in addition to the authority of a municipal governing body to call for
a referendum under the circumstances enumerated in subsection (D).

S
ECTION 36. Any
referendum scheduled prior to the effective date of this act is exempt from the
provisions contained by this act.

S
ECTION 37. This act takes effect upon
approval by the Governor.

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This web page was last updated on March 24, 2026 at 9:27 AM