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South Carolina Advisory Opinions

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Search for election-related state advisory opinions, tagged by topic.

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South Carolina Opinion
February 21, 2012: Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office.
South Carolina Opinion
January 25, 2012: Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.
South Carolina Opinion
November 18, 2011: Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.
South Carolina Opinion
October 21, 2011: Opinion regarding county veterans’ affairs officers. Specifically, whether employees of a county veterans’ affairs officer are county employees, and to whom these employees are accountable.
South Carolina Opinion
September 12, 2011: Opinion concerning what steps Florence County Council Chairman Rusty Smith should take in order to “distance himself” from the selection process of seeking selection as the Florence County Administrator.
South Carolina Opinion
September 07, 2011: Opinion asking whether the Greenville Legislative Delegation must “use the weighted vote of the entire Delegation, or may we use the weighted vote of a quorum, present and voting, to determine the outcome of a motion.”
South Carolina Opinion
August 16, 2011: Opinion concerning a provision in the recently enacted legislation, H.3003, or commonly known as the “Photo ID” or “Voter ID” legislation.
South Carolina Opinion
August 05, 2011: Opinion concerning any legal concerns we find with the new electronic signature system.
South Carolina Opinion
August 05, 2011: Opinion concerning whether the State Election Commission has the authority to contract with the vendor that is developing the new statewide voter registration system for the purpose of marketing the system to other states.
South Carolina Opinion
June 27, 2011: Opinion concerning the authority of the State Election Commission (SEC) to enter into a contract with the political parties for the purposes of conduction the 2012 Presidential Preference Primaries.
South Carolina Opinion
June 23, 2011: Opinion concerning two provisos recently adopted as a part of the Appropriations Act by the Conference Committee. Specifically, seeking clarification and guidance concerning the authority to conduct the 2012 Presidential Preference Primaries (PPP).
South Carolina Opinion
May 25, 2011: Opinion as to whether a gated community in South Carolina can prohibit door to door campaigning by candidates for local, state or federal elections.
South Carolina Opinion
May 24, 2011: Opinion concerning the status of the Town of Whitmore’s (the “Town”) form of municipal government.
South Carolina Opinion
May 06, 2011: Opinion concerning the ability of the Marion County Library Board of Trustees (“the Board”) to “sponsor a single issue voter referendum on raising property taxes to expend and renovate [its] three county library facilities.”
South Carolina Opinion
March 31, 2011: Opinion asking whether it would “be a conflict of interest for [you] to continue as the County Registration/Elections Director and a member of the [Greenville-Spartanburg] GSP Commission,” should you be nominated by the County’s Legislative Delegation and appointed by the Governor.
South Carolina Opinion
March 03, 2011: Opinion regarding the constitutionality of a provision which is part of the Senate passed version of the “Voter ID” Bill pending in the General Assembly.
South Carolina Opinion
March 01, 2011: Opinion concerning county voter ballot initiatives.
South Carolina Opinion
December 06, 2010: Opinion concerning the definition of the “unlawful use of a controlled substance” within the context of the regulations promulgated by the Department of Public Safety pertaining to the certification of law enforcement officers.
South Carolina Opinion
November 23, 2010: Opinion concerning the South Carolina Department of Motor Vehicles’ queuing system. Specifically, whether it is permissible under the South Carolina Code of Laws of 1976 for the South Carolina Department of Motor Vehicles (SC DMV) to accept updated equipment and service “in exchange for the provider’s ability to run commercial advertisements on part of the television screen up to fifty percent of the time.”
South Carolina Opinion
September 28, 2010: Opinion concerning the holding of a referendum by the Town of Elgin.
South Carolina Opinion
September 22, 2010: Opinion concerning the Department of Employment and Workforce’s participation in a data warehouse initiative operated by the Office of Research and Statistics of the Budget and Control Board (ORS).
South Carolina Opinion
September 22, 2010: Opinion questioning whether automated survey calls for political purposes that asks a question that requires that the recipient use the phone key pad to answer are legal.
South Carolina Opinion
September 03, 2010: Opinion concerning the Ethics Commissions’ ability to rule on the constitutionality of a provision of the Ethics Act.
South Carolina Opinion
July 01, 2010: Opinion regarding Richland County employees serving on the Richland County Board of Voter Registration. Specifically, whether there is a conflict of interest and whether the Governor has the authority to name the Chairperson of the Board of Voter Registration.
South Carolina Opinion
May 25, 2010: Opinion concerning extending the terms of Board of Trustees.
South Carolina Opinion
May 03, 2010: Opinion questioning the procedure to replace the sheriff after resigning following an indictment to federal drug charges.
South Carolina Opinion
March 30, 2010: Opinion asking whether the “city ordinance giving power to the council to approve appointment or dismissal of department heads [is] consistent with state law regarding the mayor-council form of government.” And whether the council alone may reinstate an “employee or department head” who resigned.
South Carolina Opinion
March 26, 2010: Opinion concerning term limits for a municipal council. Specifically, “whether a municipal council in the State of South Carolina can enact term limits on its council members, whether the method be by ordinance or by referendum vote.”
South Carolina Opinion
March 24, 2010: Opinion questioning whether there is “any state statute that prohibits an individual from filing and running for a house seat and constitutional office at the same time.”
South Carolina Opinion
March 16, 2010: Opinion regarding S.C. Code Ann. § 5-7-200(b) and its applicability to the current vacancy on the Columbia City Council.
South Carolina Opinion
February 16, 2010: Opinion questioning whether an Act such as Act No. 155 of 2007, defines the lines of Sumter County School Districts 2 and 17 for tax, attendance and election purposes.
South Carolina Opinion
January 28, 2010: Opinion regarding the constitutionality of your city’s ordinance concerning loitering.
South Carolina Opinion
January 27, 2010: Opinion questioning whether an individual whose law enforcement experience is limited to serving as a reserve police officer pursuant to S.C. Code Ann. §§ 23-28-10 et seq. would qualify as a “certified law enforcement officer” for purposes of being qualified to be elected sheriff.
South Carolina Opinion
August 27, 2009: Opinion concerning vehicle registration and legal residence tax status.
South Carolina Opinion
August 25, 2009: Opinion concerning “the appropriate term that a gubernatorial appointee should serve in filling a recent vacancy in the Clerk of Court’s Office here in Beaufort County.”
South Carolina Opinion
August 19, 2009: Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
South Carolina Opinion
August 19, 2009: Opinion regarding “the permitted generation and use of bond premiums in matters of school district finance.”
South Carolina Opinion
August 13, 2009: Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
South Carolina Opinion
August 04, 2009: Opinion addressing the legality of a proposed ordinance being considered by the City of Tega Cay.
South Carolina Opinion
July 21, 2009: Opinion concerning the legality of a proposed ordinance requiring “a City council member duly elected and currently serving on City Council, to resign his position as Council member, such resignation effective upon such Council member’s filing to run for Mayor of the City.”
South Carolina Opinion
June 17, 2009: Opinion questioning whether there was a conflict of interest due to a member of the Dorchester County Board of Elections and Registration, taking a “leave of absence” for approximately ten months in 2008 to help his wife campaign for reelection as Dorchester County Treasurer and then resume his duties as a member of the Board where his wife was on the ballot as a candidate.
South Carolina Opinion
June 04, 2009: Opinion questioning the eligibility of Dr. Thomas Rowland to continue to represent District 2 on the Board of Trustees of the Medical University of South Carolina. .
South Carolina Opinion
May 12, 2009: Opinion as to “the impact of the Uniform Electronic Transaction Act of 2004 on county registration and election offices accepting voter registrations applications for absentee ballots via facsimile or email.” And if this satisfies requirements in section 7-5-155(d) of the South Carolina Code.
South Carolina Opinion
April 23, 2009: Opinion as to “whether the Vander Linden case requires ‘weighed voting’ regarding the votes of the Dorchester County Legislative Delegation to recommend to the Governor an appointment to the Dorchester County Water Authority.”
South Carolina Opinion
October 28, 2008: Opinion questioning whether a member of the New Ellenton city council who lives in an area no longer considered a part of or annexed to the City of New Ellenton, may continue to serve out his term of office or does he have to resign.
South Carolina Opinion
October 23, 2008: Opinion questioning as to “whether or not to count an absentee ballot cast by a voter who died after submitting the ballot.”
South Carolina Opinion
October 16, 2008: Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).
South Carolina Opinion
October 16, 2008: Opinion questioning whether a county board of registration is authorized to establish places other than the office of the county board of registration at which absentee ballots may be cast prior to the date of the general election.
South Carolina Opinion
October 16, 2008: Opinion regarding S.C. Code Ann. § 7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.
South Carolina Opinion
October 16, 2008: Opinion regarding S.C. Code Ann. §7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.
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