Laws governing local ballot measures in South Carolina

Laws Governing Local Ballot Measures

State-by-State Laws Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

South Carolina Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • VIII-A • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII

A guide to local ballot initiatives

All South Carolina cities and counties have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in South Carolina. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

Local government in South Carolina consists of:

• Counties: There are 46 counties in South Carolina. The entire state is divided into counties. None have a charter.

• Municipalities: There are 270 cities and towns in South Carolina. There is not a significant legal difference between cities and towns. None have a charter.

Note: The South Carolina Constitution authorizes home rule charters, but the South Carolina General Assembly has not passed the legislation required to implement the provision.

• In addition, there are 283 special districts and 83 independent school districts.

School districts

See also: School bond and tax elections in South Carolina

In South Carolina, two types of elections are mandated involving school finance. South Carolina requires ballot questions to issue new bonding and to exceed the fifteen million dollar levy limit. South Carolina is one of a handful of states that expresses levy caps using the basic dollar amount formula over a lengthy mathematical formula. South Carolina runs all school bond elections as special elections regardless of the date on which the election is held.

Initiative process availability

The initiative process is mandated in all South Carolina local governments.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Statutes

South Carolina Code of Laws 5-17-10 mandates the initiative process for all general law cities and 4-9-1210 provides the same for counties.

Initiative process features

The initiative and referendum process for general law cities is detailed in the South Carolina Code of Laws 5-17.

City Initiative Process   Subject matter restrictions For initiatives: you cannot submit an ordinance appropriating money or authorizing the levy of taxes. For referendums: you cannot submit petitions regarding bond issues approved by referendum or notes issued in anticipation of taxes. Petition text approval There is no process for approval prior to circulation. Signatures required 15% of the registered voters at the last regular municipal election. Circulation Referendums must be filed within 60 days of the enactment of the ordinance in question. Petition appearance and content There are no specific restrictions as to form on municipal I&R petitions. Scheduling and results of election If the council fails to pass the ordinance proposed by initiative or passes it in an altered form or if the council fails to repeal ordinance, the ordinance is submitted to the electors after 30 days and within one year from the date the council takes its final vote. The council may provide for a special election at its discretion. A simple majority determines the result of the election.

Initiative process in the top 10 most populated cities

List of Most Populated Cities in South Carolina
City	Population	City Type	Next election
Columbia	130,591	General law
Charleston	122,689	General law
North Charleston	99,727	General law
Mount Pleasant	69,357	General law
Rock Hill	67,423	General law
Greenville	60,379	General law
Summerville	44,783	General law
Sumter	40,526	General law
Hilton Head Island	37,675	General law
Spartanburg	37,334	General law

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

The top 10 most populated cities are all subject to the state set initiative process provided above.

Individual city provisions   Columbia Population as of the July, 2011 census update: 130,591 This general law city follows the state mandated initiative process for ordinances, which can be found above. Charleston Population as of the July, 2011 census update: 122,689 This general law city follows the state mandated initiative process for ordinances, which can be found above. North Charleston Population as of the July, 2011 census update: 99,727 This general law city follows the state mandated initiative process for ordinances, which can be found above. Mount Pleasant Population as of the July, 2011 census update: 69,357 This general law city follows the state mandated initiative process for ordinances, which can be found above. Rock Hill Population as of the July, 2011 census update: 67,423 This general law city follows the state mandated initiative process for ordinances, which can be found above. Greenville Population as of the July, 2011 census update: 60,379 This general law city follows the state mandated initiative process for ordinances, which can be found above. Summerville Population as of the July, 2011 census update: 44,783 This general law city follows the state mandated initiative process for ordinances, which can be found above. Sumter Population as of the July, 2011 census update: 40,526 This general law city follows the state mandated initiative process for ordinances, which can be found above. Hilton Head Island Population as of the July, 2011 census update: 37,675 This general law city follows the state mandated initiative process for ordinances, which can be found above. Spartanburg Population as of the July, 2011 census update: 37,334 This general law city follows the state mandated initiative process for ordinances, which can be found above.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, South Carolina

External links

• Ballotpedia Research Document, Local Initiative in South Carolina
• Municipal Association of South Carolina
• Municipal Association of South Carolina, "Forms and Powers of Municipal Government," August 2012
• Strom Thurmond Institute of Government and Public Affairs, "Local Governments and Home Rule in South Carolina," May 2011