§ 30-7. Vacancy in office.

(a)

In the event a vacancy in the office of mayor or councilmember by death, resignation, or otherwise should occur more than 180 days before the next general election, an election shall be held to fill such vacancy on the 13th Tuesday after the vacancy occurs, in accordance with S.C. Code 1976, § 7-13-190. The date of the special election must be precleared by the justice department. Each candidate must file a notice of candidacy referenced in ssection 30-6, and the statement of economic interest with the municipal election commission no earlier than 12:00 noon 90 days prior, but not later than 12:00 noon 60 days prior to such election. If either the 90th day or the 60th day falls on a Saturday or Sunday, then the Monday immediately following said day will be the applicable date. If the filing period closes on a state holiday, then filing must be held open until 12:00 noon on the succeeding weekday. If the date of an election falls on a state holiday, it must be set for the next succeeding Tuesday.

(b)

The election shall be carried out in the same manner as regular elections. If a vacancy occurs less than 180 days before the next general election, then no special election shall be held and that vacancy shall be filled in the next general election. If more than one vacancy occurs, such that separate special elections are to be held within 28 days of each other, the municipal election commission shall conduct the special elections on the same date.

(Code 1982, § 8-7; Ord. No. 58-2005, 1-10-2006; Ord. No. 11-2007, 3-27-2007)

State law reference

Similar provisions, S.C. Code 1976, §§ 5-7-200, 7-13-190.