Bill Text: SC H3276 | 2021-2022 | 124th General Assembly | Introduced
Bill Title: Sheriff, vacancy
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-01-12 - Referred to Committee on Judiciary [H3276 Detail]
Download: South_Carolina-2021-H3276-Introduced.html
A BILL
TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT WHEN THE GOVERNOR HAS APPOINTED AN INTERIM SHERIFF WHO THEN RUNS UNSUCCESSFULLY FOR SHERIFF IN THE ENSUING PRIMARY, PRIMARY RUNOFF, SPECIAL ELECTION, OR GENERAL ELECTION, THE GOVERNOR MAY, WITH THE ADVICE AND CONSENT OF THAT COUNTY'S LEGISLATIVE DELEGATION, DECLARE THE OFFICE VACANT, REMOVE THE INTERIM APPOINTEE FROM OFFICE, AND APPOINT THE SHERIFF-ELECT TO FILL THE REMAINDER OF THE ORIGINAL UNEXPIRED TERM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-11-40 of the 1976 Code is amended by adding an appropriately lettered subsection at the end read:
"( ) Notwithstanding another provision of law or of this section, if the Governor has appointed an interim sheriff pursuant to this section and the Governor's appointee runs unsuccessfully for sheriff in the ensuing primary, primary runoff, special election, or general election, then upon certification of the election results, the Governor may, with the advice and consent of that county's legislative delegation, declare the office vacant, remove the interim appointee from office, and appoint the sheriff-elect to fill the remainder of the original unexpired term."
SECTION 2. This act takes effect upon approval by the Governor.
