H 3556

South Carolina General Assembly
126th Session, 2025-2026
Bill 3556
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Scriveners Error
May 6, 2026
H. 3556
Introduced
by Reps. B. Newton, Schuessler, Guest, Taylor and Hixon
S. Printed 5/6/26--S.
Read the first time April 1, 2025
________
statement of estimated fiscal impact
Explanation of Fiscal Impact
<<section info>>
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 7-17-560, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEE OF
A POLITICAL PARTY TO HEAR CERTAIN PRIMARY PROTESTS AND CONTESTS, SO AS TO
REQUIRE THE STATE EXECUTIVE COMMITTEE TO ALSO HEAR PROTESTS AND CONTESTS IN THE
CASE OF COUNTY OFFICERS, LESS THAN COUNTY OFFICERS, AND MUNICIPAL OFFICERS, TO
AUTHORIZE THE STATE EXECUTIVE COMMITTEE TO ADOPT A RESOLUTION TO REQUIRE THE
FILING OF ANY PROTEST OR CONTEST TO BE ACCOMPANIED BY A BOND WITH SURETY, AND
TO PROVIDE FOR APPEALS FROM DECISIONS BY THE STATE EXECUTIVE COMMITTEE; BY
AMENDING SECTION 7-17-570, RELATING TO HEARINGS OF PRIMARY PROTESTS AND
CONTESTS, SO AS TO EXTEND THE TIME IN WHICH THE STATE EXECUTIVE COMMITTEE MUST
CONDUCT SUCH HEARINGS; BY AMENDING SECTION 5-15-80, RELATING TO MUNICIPAL
PRIMARY PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT SUCH PROTESTS AND CONTESTS
ARE TO BE FILED, HEARD, AND DECIDED IN THE MANNER PROVIDED IN SECTIONS 7-17-560
AND 7-17-570; AND BY REPEALING SECTIONS 7-17-520, 7-17-530, 7-17-540, 7-17-550,
7-17-580, AND 7-17-590 ALL RELATING TO PRIMARY PROTESTS AND CONTESTS FOR
CERTAIN OFFICES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 7-17-560 of the S.C. Code is amended to read:
    Section 7-17-560.  (A) The state executive
committee must meet in Columbia at such place as may be designated by the
chairman to hear and decide protests and contests that may arise in the case of
federal officers, state officers, State Senate, State House of Representatives,
and officers involving more than one county, partisan county officers, partisan less than county officers,
and partisan municipal officers. Any protest or contest must be filed in
writing with the chairman of the committee, together with a copy for each candidate
in the race, not later than noon on Monday following the canvassing of the
votes for these officers by the committee. However,
service upon the chairman may be perfected by depositing at the office of the
Chief of the State Law Enforcement Division a copy of the protest, together
with a copy for each candidate in the race. The chief must take immediate steps
to deliver these copies to the chairman. The protest must contain each ground
thereof stated separately and concisely. The chairman of the committee must
forthwith serve upon each candidate in the protested race a copy of the protest
and serve a notice of the time and place of the meeting of the committee for
the purposes of hearing the protest.
    (B) The state executive committee may,
by resolution adopted at least sixty days prior to the conduct of a primary,
require the filing of any protest or contest to be accompanied by a refundable
deposit for hearing costs, not to exceed seven hundred fifty dollars. The
amount of the deposit must be refunded to a candidate who files a protest or
contest only if:
       (1) the state executive committee
upholds the protest or contest; or
       (2) a petition to the Supreme Court
under Section 7-17-570(D) is granted.
SECTION 2.  Section 7-17-570 of the S.C. Code is amended to read:
    Section
7-17-570.  (A) The executive committee shall hear the protest or
contest on Thursday following within
two weeks of the deadline for filing the same. Testimony at the hearing
shall be limited to the grounds stated in the written protest.
    (B) The protestant and
each other candidate in the protested race shall have the right to be present
at the hearing, to be represented by counsel, to examine and cross-examine
witnesses and to produce evidence relevant to the grounds of the protest. The
chairman of the committee shall provide for and conduct the hearing as nearly
as possible in accordance with the procedures and rules of evidence observed by
the circuit courts of this State. The chairman shall have authority to
administer oaths and subpoena witnesses. Upon the conclusion of the hearing of
the protest the committee shall determine all issues by majority vote and
forthwith certify the results of the election. The State Election Commission
shall pay for the costs of the court reporter and the transcript of the
hearing.
    (C) The committee shall
remain in session until a conclusion has been reached. All candidates in the
protested or contested race shall be immediately notified of the committee's
decision.
    (D) Appeals from decisions by the state
executive committee must be taken directly to the Supreme Court on petition for
a writ of certiorari based only on the record of the state executive committee
hearing. Notice of appeal must be served within ten days of the state executive
committee's decision. The Supreme Court may impose filing fees for appeals
taken pursuant to this subsection.
SECTION 3.  Section 5-15-80 of the S.C. Code is amended to read:
    Section
5-15-80. The results of any political party primary shall be declared by the
party conducting the election. Protests and contests shall be filed, heard, and decided in the manner
set forth in Sections 7-17-560 and 7-17-570. writing
with the municipal party chairman within two days after the day of the
declaration of the results of the election and the municipal party executive
committee shall determine such protests within five days after the filing
thereof. From the decision of the municipal party committee an appeal may be
made to the Board of State Canvassers of Municipal Primaries as provided in § 7-17-580. Notice and grounds of appeal
must be filed in writing with the chairman of the Board of State Canvassers of
Municipal Primaries within five days following the date on which the decision
of the municipal committee is declared.
    Any appeal thereafter shall
be to the court of common pleas of the county in which the municipality is
situate. Notice and grounds of appeal shall be served on the opposing parties
or their attorneys within ten days following the decision of the Board of State
Canvassers of Municipal Primaries.
SECTION 4.  Sections
7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-580, and 7-17-590 of the S.C. Code
are repealed.
SECTION 5.  Section 5-15-120 of the S.C. Code is amended to read:
    Section
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 begin at the start 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 a contest unless a court of competent jurisdiction directs
otherwise.
SECTION 6.  Section 7-3-25(B) of the S.C. Code is amended to read:
    (B) If a county board of voter
registration and elections or a municipal election
commission does not or cannot determine and certify the results of an
election or referendum for which it is responsible by the time set for
certification by applicable law, the responsibility to determine and certify
the results is devolved upon the State Election Commission.
SECTION
7.A.  Chapter 15, Title 5 of the S.C. Code is
amended by adding:
    Section
5-15-45. (A) Notwithstanding Section
5-15-40, if the unexpired four-year term of a mayor or member of council began
following a general election held:
       (1)
in 2023, then the term expires on the date terms begin for newly elected
officers in the municipality following the general election to be held on April
6, 2027, or November 2, 2027, as applicable;
       (2)
in 2024 or 2025, then the term expires on the date terms begin for newly
elected officers in the municipality following the general election to be held
on April 3, 2029, or November 6, 2029, as applicable; or
       (3)
in 2026, then the term expires on the date terms begin for newly elected
officers in the municipality following the general election to be held on April
8, 2031, or November 4, 2031, as applicable.
    (B)
Notwithstanding Section 5-15-40, if the unexpired two-year term of a mayor or
member of council began following a general election held:
       (1)
in 2025, then the term expires on the date terms begin for newly elected
officers in the municipality following the general election to be held on April
6, 2027, or November 2, 2027, as applicable; or
       (2)
in 2026, then the term expires on the date terms begin for newly elected
officers in the municipality following the general election to be held on April
3, 2029, or November 6, 2029, as applicable.
    (C) The
provisions of this section do not apply to a municipality whose general
elections are held on 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 provided in Section 5-15-50(E).
B. This SECTION takes effect on January 1,
2027.
SECTION
8.A.  Section 5-15-50 of the S.C. Code is amended to
read:
    Section
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.  Public notice of the elections shall be given at least sixty
days prior to such elections.
    (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 subsection, 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 subsection 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 the most recent general elections within a municipality
preceding the effective date of this subsection were held 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.
B. This SECTION takes effect on January 1,
2027.
SECTION
9.A.  Section 5-15-60 of the S.C. Code is amended to
read:
    Section
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;
    (3)
The nonpartisan primary election and general election method prescribed in §Section 5-15-63.
    (B)(1)
If nonpartisan elections are not provided for, nomination of candidates
for municipal offices may be by party primary, party convention or by petition only in municipalities with populations under thirty-nine
thousand according to the most recent official United States census.
       (2) Municipal party primaries, party
conventions, and petition nominations must be conducted 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.
B. A
municipality with a population over thirty-nine thousand according to the most
recent official United States census that provides for the partisan nomination
of candidates for municipal offices on the effective date of this SECTION must,
by April 1, 2027, adopt by ordinance a method of nominating candidates
prescribed in Sections 5-15-61, 5-15-62, or 5-15-63. If the municipality does
not adopt a new method by that date, then the method prescribed in Section
5-15-61 is in effect until revised by ordinance.
C. This SECTION takes effect on January 1,
2027.
SECTION 10. Section 5-15-100 of the S.C. Code is amended to read:
    Section
5-15-100.  The municipal election commission shall be
vested with the functions, powers and duties of Municipal Supervisors of
Registration if no such supervisors have been appointed pursuant to § 7-5-640,
and shall also have the functions, powers and duties of commissioners of
election, as set forth in § 7-5-10 and other provisions of Title 7.  The
municipal election commission shall insureensure proper books of registration are provided for each
ward or precinct, shall prepare and distribute ballots and election materials,
appoint managers of election for each polling place,
and otherwise supervise and conduct all municipal, special
and general elections.  The managers shall certify
the results of the election to the commission within one day and theThe commission shall declare certify the results not later than three days following
the election.
    Nominees in a party primary
or party convention and nominees by petition shall be certified to the
municipal election commission within the time specified herein and when so
certified, the commission shall place the names of such nominees upon the
ballots.
SECTION 11. Section 5-15-130 of the S.C. Code is amended to read:
    Section
5-15-130.  (A) Within forty-eight hours after
the closing of the polls, anyA 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 extends to noon on the next day that is not a legal holiday.  Within forty-eight hours after the filing of such notice, theThe Municipal Election Commission shall, after due notice
to the parties concerned, conduct a hearing on the contest, not later than the Saturday 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.
SECTION 12. Section 5-15-140 of the S.C. Code is amended to read:
    Section
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.
SECTION
13.A. Chapter 15, Title 5 of the S.C. Code is
amended by adding:
    Section
5-15-175.  (A) Notwithstanding
another provision of this chapter, a municipal election commission may only be
established for municipalities with a population of ten thousand or more,
according to the most recent official United States census.
    (B)
Elections for municipalities with a population of less than ten thousand,
according to the most recent official United States census, must be conducted
and certified by the county boards of voter registration and elections.
       (1)
If a municipality is located within only one county, its municipal elections
must be conducted and certified by the county board of voter registration and
elections of the county in which the municipality is located.
       (2)
If a municipality is located within more than one county:
  (a)
its municipal elections must be conducted jointly by each county board of voter
registration and elections containing a portion of registered electors in the
municipality; and
  (b)
its municipal elections must be certified by the county board of voter
registration and elections of the county in which its main office is located.
    (C) A
municipality whose elections are conducted and certified pursuant to this
section must reimburse a county board of voter registration and elections for
the reasonable costs incurred in conducting and certifying its elections in
accordance with a reimbursement schedule provided by the State Election
Commission.
B. On the
effective date of this SECTION, municipal election commissions for
municipalities under ten thousand, according to the most recent official United
States census, are abolished. Their duties, responsibilities, and functions are
devolved upon the county boards of voter registration and elections.
C. This SECTION takes effect on January 1,
2027.
SECTION 14. Except as otherwise provided in
this act, this act takes effect upon approval by the Governor.
----XX----
This web page was last updated on May 06, 2026 at 01:52 PM