South Carolina Advisory Opinions September 04, 1996: Opinion regarding the qualifications of sheriffs in South Carolina, specifically their eligibility for candidacy in the next election in regards to what they do and do not have on file with the local Elections Commission.
Collection: South Carolina Attorney General Opinions
Date: Sept. 4, 1996
Advisory Opinion Text
September 4, 1996
The Honorable Glenn G. Reese
Senator, District No. 11
117 Sun Valley Drive
Inman, South Carolina 29349
Dear Senator Reese:
Thank you for your letter of August 7, 1996, seeking an interpretation of S.C. Code Ann. § 23-11-110 (1995 Supp.) which details the qualifications of sheriffs in South Carolina. Specifically, you have asked the following question:
If there is not a sworn affidavit, by the deadline, containing all the required information on file at the local County Election Commission, by a person who is currently serving as Sheriff , does this person who is a candidate for Sheriff have to have this information on file with the local Election Commission in order to be a legal, qualified, candidate for the next term of Sheriff? (Emphasis added.)
Act No. 19 of 1993, which took effect on July 1, 1993, completely rewrote subsection (B) of § 23-11-110. As stated in your letter, that section now requires a candidate for the office of sheriff to file a detailed sworn affidavit with his party's county executive committee, who then must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. However, subsection (E) of § 23-11-110 provides, " [a] sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section." (Emphasis added.) Thus, by its literal text, § 23-11-110(E) exempts sheriffs who held office on July 1, 1993 from the provisions of subsection (B) regarding the filing of sworn affidavits. Accordingly, it is my opinion that a person who held office as sheriff on July 1, 1993 and who continues to do so today is not required to have a copy of the sworn affidavit on file with the county election commission in order to be a qualified candidate for re-election to that office.
Page 2
I trust this information is responsive to your inquiry. If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
/s/
Robert D. Cook
Assistant Deputy Attorney General
RDC/an
REVIEWED AND APPROVED BY:
/s/
__________
Zeb C. Williams, III
Deputy Attorney General