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Laws governing local ballot measures in South Carolina

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Laws Governing Local Ballot Measures

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This page describes the state constitutional provisions and statutes that govern local ballot measures in South Carolina. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The South Carolina Constitution and the South Carolina State Code establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in South Carolina, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing:
    • Referred measures: A measure that would create a consolidated political subdivision must be placed on the ballot at a special election, and it must be the only measure on the ballot.[1] A measure that would change a municipality's form of government must be placed on the ballot at a special election between 30 and 90 days after the municipal government passes the ordinance ordering the referendum.[2] Additionally, no measure that would change the form of government can be on the ballot until at least two years after the form of government last changed.[2]
    • Veto referendums: A county or municipal veto referendum must be placed on the ballot at a regular election between 30 days and one year after the county or city council passes the measure or takes its final vote on its repeal, whichever is last.[3][4] If there is no regular election in that time, the city council can schedule a special election for the referendum. A veto referendum that challenges the annexation of land into a municipality must be placed on the ballot at a municipal election.[5]
    • Citizen-initiated laws: If a county or municipal government does not enact an initiated measure, or enacts it in a substantially altered state, it must be placed on the ballot for voters to decide at a regular election between 30 days and one year after the county or city council takes its final vote on the measure.[3][4] A measure that would annex a territory into a municipality must be placed on the ballot at a special election.[5] A measure that would change a municipality's form of government must be placed on the ballot at a special election between 30 and 90 days after voters submit the petition calling for the election.[2] Measures that would allow a county or municipality to issue a temporary (one-year) permit to allow the possession, sale, and consumption of alcoholic beverages must be placed on the ballot at the first general election after the petition is submitted to the election commission.[6]
  • Vote requirements: A majority vote is required to pass local ballot measures in South Carolina.[1][5]
  • Required ballot measures: A measure that would create a property tax exemption for private motor vehicles such as cars, motorcycles, planes, and boats must be approved by voters before being enacted. Measures that would merge an entirety or portions of two or more counties must be approved by voters. Measures that would remove an existing county seat or create a new county seat must be approved by voters. Measures that would incorporate a municipality must be approved by voters. A county, consolidated political subdivision, or municipality must receive voter approval to purchase, construct, or operate utility systems. General obligation bonds to fund public education must be approved by voters before they are issued.[7]
  • Number of measures on the ballot: An ordinance that would annex a territory into a municipality may only be on the ballot once in a two-year period.[8]
  • Restricted topics: Voters in a city or county cannot initiate an ordinance that would appropriate money or authorize the levy of a tax.[9][10]

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in South Carolina.

  • Authority: State law grants the voters of any county or municipality the right to indirectly initiate laws and veto referendums.[9][10]
  • Deadlines:
    • Veto referendums: A petition that targets bond issues, government notes, or similar debt repayment ordinances must be submitted with the county or municipal clerk within 60 days after the ordinance is enacted.[11][12]
    • Citizen-initiated laws: Petitions that would allow a county or municipality to issue a temporary (one-year) permit to allow the possession, sale, and consumption of alcoholic beverages must be submitted to the city or county election commission at least 120 days before the election.[6]
  • Signatures:
    • Veto referendums: A petition that targets bond issues, government notes, or similar debt repayment ordinances must be signed by 15% of voters in the municipality, county, or public service district where the bond is issued.[11][12] A petition that challenges the annexation of land into a municipality must be signed by 5% of voters in the municipality.[5]
    • Citizen-initiated laws: Petitions for an initiated ordinance in a county must be signed by 15% of voters.[9] Petitions for an initiated ordinance in a municipality must be signed by 15% of registered voters at the last regular municipal election.[10] A petition that would annex a territory into a municipality must be signed by 25% of voters residing in the territory that would be annexed.[5] Petitions that would change a municipality's form of government must be signed by 15% of voters.[2] Petitions that would allow a county or municipality to issue a temporary (one-year) permit to allow the possession, sale, and consumption of alcoholic beverages must be signed by 10% of voters or 7,500 people, whichever is smaller.[6] A petition that would raise or create a property tax levy in a school district must be signed by one-third of voters residing in the school district.[13]

Referrals

The following outlines additional rules that govern local referred ballot measures in South Carolina.

  • Authority: Municipal governments can place a measure on the ballot that would change their form of government.[2] School districts and political subdivisions have the ability to place general obligation bonds before voters for their approval.[7] School districts must receive voter approval to issue bonds.[7][14]
  • Deadlines: An ordinance that would allow a county or municipality to issue a temporary (one-year) permit to allow the possession, sale, and consumption of alcoholic beverages must be filed with the county or municipal election commission at least 60 days before the next general election.[6]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

External links

See also

Footnotes