South Carolina Advisory Opinions July 15, 1991: Opinion regarding whether the election for Abbeville County School District 60 was valid since the incumbents were unopposed, no ballots were printed, and the polls were not opened?

Advisory Opinion Text

Steven E. Mundy, Esquire
Abbeville County Attorney
Post Office Box 218
Abbeville, South Carolina 29620

Dear Mr. Mundy:

Your recent letter addressed to Attorney General Medlock has been referred to me for reply. You have stated that in a recent election for Abbeville County School District 60 the two incumbents ran unopposed. As they were unopposed, no election was conducted and these two persons were declared the winner. An individual filed a protest of the election based on the grounds that an election should have been conducted. The protest was denied. You have inquired if the election

...was valid when the incumbents were unopposed and no ballots were printed nor were the polls opened?

It has been the prior opinion of this Office that

...although there is no specific statutory or case law guidance ... it would appear that if no candidates file for an election, the election should still be held with the opportunity for a write-in vote for those offices.

April 14, 1988, Opinion to Charles Whetstone, copy enclosed.

This opinion represents the general law and, of course, would not apply if a special law concerning trustee elections for Abbeville County did specifically provide for such a contingency.

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Act 94 of 1961 establishes the procedure for the election of trustees for Abbeville. This Act provides in part that if "... there are no candidates for a vacancy on the Board of Trustees, the vacancy shall be filled by appointment." However, this section of the Act governs what occurs when there are no candidates not when only one candidate has offered. The Act specTfically does not state if only one person applies he automatically is declared elected. Without such a specific exception, the general law favoring an election with the possibility of a write-in vote would appear to apply. See S.C. Code Ann. §7-13-360 (1976).

However, as the April 14, 1988 letter quoted above indicates, the law is not clear in this area. As a protest was filed concerning this election on this specific point, and as further legal proceedings may still arise from this election, this Office would be unable to provide you with any more definite advice concerning your question. The Office policy is to decline to provide an opinion on issues either presently before a court or that may potentially be brought before the Court.

I am enclosing two prior opinions of this Office and hope that they will provide you some additional assistance on this question.

Very truly yours,

/s/
Treva G. Ashworth
Senior Assistant Attorney General

TGA:bvc
Enclosures

cc: Nancy H. Stokes, Chairman
Abbeville County Registration
and Election Commission

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REVIEWED AND APPROVED BY:

/s/ _________
EDWIN E. EVANS
Chief Deputy Attorney General

/s/ _________
ROBERT D. COOK
Executive Assistant for Opinions