South CarolinaH 3556126th General Assembly (2025-2026)HouseWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-17-560, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO HEAR CERTAIN PRIMARY PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEE TO ALSO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS, LESS THAN COUNTY OFFICERS, AND MUNICIPAL OFFICERS, AND TO AUTHORIZE THE STATE EXECUTIVE COMMITTEE TO ADOPT A RESOLUTION TO REQUIRE THE FILING OF ANY PROTEST OR CONTEST TO BE ACCOMPANIED BY A REFUNDABLE DEPOSIT; BY AMENDING SECTION 7-17-570, RELATING TO HEARINGS OF PRIMARY PROTESTS AND CONTESTS, SO AS TO EXTEND THE TIME IN WHICH THE STATE EXECUTIVE COMMITTEE MUST CONDUCT SUCH HEARINGS, AND TO PROVIDE FOR APPEALS FROM DECISIONS BY THE STATE EXECUTIVE COMMITTEE; BY AMENDING SECTION 5-15-80, RELATING TO MUNICIPAL PRIMARY PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT SUCH PROTESTS AND CONTESTS ARE TO BE FILED, HEARD, AND DECIDED IN THE MANNER PROVIDED IN SECTIONS 7-17-560 AND 7-17-570; BY REPEALING SECTIONS 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-580, AND 7-17-590 ALL RELATING TO PRIMARY PROTESTS AND CONTESTS FOR CERTAIN OFFICES; BY AMENDING SECTION 5-15-120, RELATING TO THE COUNTING OF VOTES IN MUNICIPAL ELECTIONS, SO AS TO ALLOW A MUNICIPAL GOVERNING BODY TO DETERMINE BY ORDINANCE WHEN THE TERMS OF ITS NEWLY ELECTED OFFICERS BEGIN; BY AMENDING SECTION 7-3-25, RELATING TO THE DUTY OF THE STATE ELECTION COMMISSION TO DETERMINE AND CERTIFY RESULTS WHEN A COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS FAILS TO DO SO, SO AS TO REQUIRE THE SAME WHEN A MUNICIPAL ELECTION COMMISSION FAILS TO DETERMINE AND CERTIFY RESULTS; BY ADDING SECTION 5-15-45 SO AS TO PROVIDE WHEN THE TERMS OF MUNICIPAL COUNCILMEMBERS IN OFFICE AS OF JANUARY 1, 2027 EXPIRE; BY AMENDING SECTION 5-15-50, RELATING TO THE ESTABLISHMENT OF THE TIME FOR GENERAL AND SPECIAL ELECTIONS WITHIN A MUNICIPALITY, SO AS TO REQUIRE MUNICIPAL GOVERNING BODIES TO CHOOSE ONE OF TWO DATES FOR SUCH ELECTIONS IN ODD-NUMBERED YEARS; BY AMENDING SECTION 5-15-60, RELATING TO MUNICIPALITIES ADOPTING METHODS OF NOMINATING CANDIDATES AND DETERMINING RESULTS OF ELECTIONS, SO AS TO ONLY PERMIT PARTISAN ELECTIONS IN MUNICIPALITIES WITH POPULATIONS UNDER A CERTAIN AMOUNT; BY AMENDING SECTION 5-15-100, RELATING TO THE FUNCTIONS, POWERS, AND DUTIES OF MUNICIPAL ELECTION COMMISSIONS, SO AS TO REMOVE CERTAIN FUNCTIONS, POWERS, AND DUTIES; BY AMENDING SECTION 5-15-130, RELATING TO PROCEDURES FOR CONTESTING RESULTS OF MUNICIPAL ELECTIONS, SO AS TO EXTEND THE DEADLINES FOR FILING A NOTICE OF CONTEST AND FOR CONDUCTING A HEARING ON THE CONTEST; BY AMENDING SECTION 5-15-140, RELATING TO APPEALS FROM DECISIONS ON MUNICIPAL ELECTION CONTESTS, SO AS TO DELETE LANGUAGE PROVIDING THE NOTICE OF APPEAL ACTS AS A STAY OF FURTHER PROCEEDINGS; AND BY ADDING SECTION 5-15-175 SO AS TO PROVIDE THAT MUNICIPAL ELECTION COMMISSIONS ONLY MAY BE ESTABLISHED FOR MUNICIPALITIES WITH POPULATIONS OVER A CERTAIN AMOUNT.

Sponsored By: Brandon Newton (Republican)

Signed by Governor

Summary

Political parties and primaries

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Big cities move to nonpartisan ballots

Starting January 1, 2027, partisan nomination for municipal candidates is allowed only in towns under 39,000 people (latest U.S. census). Cities over 39,000 must adopt a nonpartisan method by April 1, 2027, or they default to the nonpartisan plurality method. This changes how candidates in larger cities get on the ballot.

Cities set odd-year election dates

Beginning January 1, 2027, each city must choose an odd-year election date: either the first Tuesday after the first Monday in April or in November. If no choice is made within 90 days, the default is the November odd-year date, with limited exceptions for even-year schedules. Cities may set when new terms begin, no earlier than 48 hours after certification and no later than 80 days after the election. If no ordinance sets a start date, terms begin at the first regular meeting in the next month. The law also sets transition end dates for terms that began in 2023–2026 so they line up with the new schedule.

County boards run small-town elections

Beginning January 1, 2027, only municipalities with 10,000 or more people may have their own municipal election commission. Towns under 10,000 have their elections conducted and certified by county boards, working together if a town spans counties. On that date, small-town municipal election commissions are abolished. Affected towns must reimburse counties for reasonable election costs under a state schedule.

State party handles primary protests

Starting May 19, 2026, the State Executive Committee meets in Columbia to hear primary protests for federal, state, county, and partisan municipal offices. It must hold the hearing within two weeks of the filing deadline and limit testimony to the written grounds. The committee may require a refundable deposit up to $750; you get it back if the protest is upheld or the state Supreme Court agrees to review. Appeals go straight to the South Carolina Supreme Court by petition within ten days, based only on the hearing record. Older protest statutes are repealed so these statewide rules apply.

Stronger process for city election disputes

Municipal election commissions must run elections and certify results within three days. If a commission fails to certify on time, the State Election Commission steps in and certifies the results. To contest a municipal election, file by noon on the Monday after certification; the hearing must happen by the next Saturday. You can appeal a commission’s decision to the court of common pleas within ten days, but filing no longer stops later actions automatically.

Sponsors & Cosponsors

Sponsor

  • Brandon Newton

    Republican • House

Cosponsors

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Carla M. Schuessler

    Republican • House

  • Bill Taylor

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 205 • No: 56

House vote • 4/23/2026

(Political parties and primaries)Table Amendment 1A  Amendment number 1a

Yes: 73 • No: 37

Senate vote • 4/1/2026

(Political parties and primaries)2nd Reading

Yes: 41 • No: 4

House vote • 3/26/2025

(Political parties and primaries)Passage of Bill

Yes: 91 • No: 15

Actions Timeline

  1. Effective date See Act for Effective Date

    6/5/2026legislature
  2. Act No. 213

    6/2/2026legislature
  3. Signed By Governor

    5/19/2026Governor
  4. Ratified R 177

    5/14/2026legislature
  5. Scrivener's error corrected

    5/6/2026legislature
  6. Concurred in House amendment and enrolled

    5/5/2026Senate
  7. Returned to Senate with amendments

    4/23/2026House
  8. Senate amendment amended

    4/23/2026House
  9. Debate interrupted by adjournment

    4/22/2026House
  10. Debate adjourned

    4/21/2026House
  11. Read third time and returned to House with amendments

    4/15/2026Senate
  12. Roll call Ayes-41 Nays-4

    4/1/2026Senate
  13. Read second time

    4/1/2026Senate
  14. Amended

    3/3/2026Senate
  15. Committee report: Favorable with amendment Judiciary

    2/18/2026Senate
  16. Referred to Committee on Judiciary

    4/1/2025Senate
  17. Introduced and read first time

    4/1/2025Senate
  18. Scrivener's error corrected

    3/27/2025legislature
  19. Read third time and sent to Senate

    3/27/2025House
  20. Roll call Yeas-91 Nays-15

    3/26/2025House
  21. Read second time

    3/26/2025House
  22. Requests for debate-Rep

    3/26/2025House
  23. Amended

    3/26/2025House
  24. Member(s) request name added as sponsor: Schuessler, Guest, Taylor, Hixon

    3/26/2025House
  25. Committee report: Favorable with amendment Judiciary

    3/20/2025House

Bill Text

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