Information contained on this page was current at the time of posting. Efforts are made to keep this information current, however applicable federal, state and local laws should always be checked to be certain specific requirements are current.

GENERAL INFORMATION

All candidates, except President, seeking a political party’s nomination to run in a general or special election must file a Statement of Intention of Candidacy (SIC) form with the appropriate party official during the appropriate filing period. Click here for information on Filing for President.

Candidates must also file a Statement of Economic Interest (SEI) form with the State Ethics Commission. This must be done electronically on the State Ethics Commission website. A copy of the SEI receipt, or other proof of filing, is required to be submitted with your SIC form at the time of filing. Candidates may also be required to make Campaign Disclosure reports. Visit the State Ethics Commission website for more information.

Candidates for federal office, statewide office, and solicitor must file with the state executive committee of the political party of the candidate’s choice. Candidates for State Senate, State House of Representatives, countywide office, and less-than-countywide office must file with the executive committee of the county political party in the candidate’s county of residence.

The filing period for the General Election opens at noon on March 16th of the election year and closes at noon on March 30th of the election year.

Names of candidates who fail to file the proper forms during the appropriate filing period will not appear on the ballot.

Candidates who file with the Republican or Democratic parties must pay a filing fee. The filing fee is one percent of the annual salary of the office multiplied by the number of years in the term of office or $100, whichever is greater. This fee is applied to funding the party’s primary.

NOMINATION OF CANDIDATES BY POLITICAL PARTY

All candidates seeking a political party’s nomination to run in a general or special election must file a statement of intention of candidacy form with the appropriate party official during the appropriate filing period.

Candidates for federal office, statewide office, and solicitor must file with the state executive committee of the political party of the candidate’s choice.  Candidates for State Senate, State House of Representatives, countywide office, and less-than-countywide office must file with the executive committee of the county political party in the candidate’s county of residence.

The filing period for the General Election opens at noon on March 16th and closes at noon on March 30th.

The filing period for special elections opens at noon on the third Friday after the vacancy occurs and closes at noon, 10 days later.

Names of candidates who fail to file the proper forms during the appropriate filing period will not appear on the ballot.

Candidates who file with the Republican or Democratic parties must pay a filing fee.  The filing fee is one percent of the annual salary of the office multiplied by the number of years in the term of office or $100, whichever is greater.  This fee funds the party’s primary.

Contact the appropriate political party for specific information regarding filing.

If only one candidate files for a particular office with a particular party, that candidate becomes the party’s nominee.  When more than one candidate files for a particular office with a particular party, the nominee is chosen by primary or convention.

The Democratic and Republican parties nominate candidates by primary.  Primaries to nominate candidates for the General Election are held on the second Tuesday in June.  Candidates must receive a majority of votes to be nominated.  If no candidate receives a majority of votes for a particular office, a primary runoff between the top two candidates is held two weeks later.  Primaries and runoffs are conducted by the State and county election commissions.

The Constitution, Green, Independence, Labor, Libertarian, United Citizens, and Working Families parties nominate candidates by convention.  Conventions are conducted by the parties.  Contact the appropriate party for more information regarding conventions.

Fusion voting: click here for the procedure for candidates being nominated by more than one political party.

State law prevents a candidate who was defeated in a party primary or convention from appearing on the ensuing general or special election ballot:

SECTION 7‑11‑10. Methods of nominating candidates.

Nominations for candidates for the offices to be voted on in a general or special election may be by political party primary, by political party convention or by petition; provided, no person who was defeated as a candidate for nomination to an office in a party primary or party convention shall have his name placed on the ballot for the ensuing general or special election, except that this proviso shall not prevent a defeated candidate from later becoming his party’s nominee for that office in that election if the candidate first selected as the party’s nominee dies, resigns, is disqualified, or otherwise ceases to become the party’s nominee for such office before the election is held.

NOMINATIONS BY PETITION

To be nominated by petition, a candidate must file a nominating petition containing the valid signatures of at least 5% of the active, registered voters in the geographical area the office represents. The 5% is based on the total number of registered voters in the geographical area 120 days prior to the election. No petition requires more than 10,000 signatures. (Petitions for some local offices may have specific requirements set by state law that are different from the 5% requirement.)

The last date to file a petition for a General Election is 12:00 noon, July 15th of the General Election year. If July 15th falls on a Sunday, the deadline is noon on the following Monday. Generally, there are no filing fees for petition candidates.  However, it is possible for a local jurisdiction, such as a municipality, to require a filing fee in addition to a petition.  Always check with the authority with which you are required to file.

Petition candidates for multi-county offices must file their petitions with the State Election Commission. All petition candidates for State Senate, State House of Representatives, and Solicitor file with the State Election Commission, regardless of whether they are multi-county or not. Other county wide and less than county wide offices file their petitions with their county election commission.

If a candidate fails to file properly, their name will not appear on the ballot.

The petition must be in a form prescribed in S.C. Code of Laws section 7-11-80 (See link to sample petition below).  Petitions must:

  • Be printed on good quality original bond paper sized 8.5″ x 14″.
  • Contain a concise statement of purpose.
    • In the case of nomination of candidates, the name of the candidate, the office for which he is offering, and the specific election in which he is offering.
    • Statement of purpose must appear on each page.
  • Contain separate columns for voters to enter the following information:
    • Signature and Printed Name of voter
    • Address of residence of voter
    • Precinct of voter
  • Contain only signatures from one county per petition page
  • Have each signature numbered consecutively.
  • Have each page numbered consecutively.

For more information on nominating petitions see sections 7-11-70, 7-11-80, 7-11-85, and 7-13-351 of the S.C. Code of Laws, available online at www.scstatehouse.net.

SAMPLE PETITION (must be printed in 8.5″ x 14″ format)

WRITE-IN CANDIDATES

There may be no filing forms or fees required to run as a write-in candidate. A defeated primary candidate may not actively offer or campaign as a write-in candidate for the ensuing election.

The use of posters or stickers on the ballot is not permitted. The voting machine provides for a voter to write-in a candidate. Write-in votes are not allowed in primary elections or the election of President or Vice-president.

SPECIAL ELECTIONS

Non-scheduled elections called special elections are held throughout the year to fill vacancies created by death, resignation or removal from office.

Filing for these special elections opens at noon, the third Friday after the vacancy occurs. Filing closes 10 days later at noon. Filing deadlines for municipal offices may vary.

For partisan elections, a primary is held on the 11th Tuesday after the vacancy occurs. A runoff, if necessary, is held on the 13th Tuesday. The special election is held on the 18th Tuesday.

For non-partisan elections, the special election is held on the 13th Tuesday after the vacancy occurs. SeeSC Code 7-13-190

POLL WATCHERS

A poll watcher is someone who is appointed by a candidate or a political party to observe the election day procedures in a precinct. The poll managers of the polling place will designate a place where watchers can remain throughout election day. Conversations between watchers and voters are not permitted within the polling place. Watchers will not be permitted to interfere with the orderly conduct of the election or influence any voter in the casting this ballot.

Qualifications

  • Must be a qualified voter in the county.
  • Present the poll manager with a letter signed by the candidate or by an appropriate party official stating that he/she is certified to act as a watcher in that precinct.
  • Wear a badge not to exceed 4 ¼” x 4 ¼”, specifying the name of the candidate or party he/she represents.

Appointment

  • In a primary election each candidate may appoint one watcher for any polling place where his/her name is on the ballot.
  • In a general election each non-partisan, petition or announced write-in candidate may appoint one watcher for any polling place where his/her name is on the ballot.
  • All candidates of the same party are jointly represented at any one voting place by no more than two watchers for each 1000 registered voters at the polling place.

PROTESTS/ APPEALS

Candidates may protests and appeal their elections to appropriate authorities by proper times.

In a general election:
Candidates in a countywide or less than county election file protests with their county election commission by noon, Wednesday following the certification of results.

Candidates in an election for federal, state, state Senate, state House of Representatives, multi-county offices file with the State Election Commission not later than noon, five days following the canvassing of these results.

In a primary election:
Candidates in a countywide or less than county election file protests with the chair of the county party executive committee not later than noon, Monday following the certification of results.

Candidates in an election for federal, state, state Senate, state House of Representatives, multi-county offices file with the chair of the state party executive committee not later than noon, Monday following the certification of results.Refer to S.C. Code of Laws, Title 7, Chapter 17 for detailed information on protests and appeals. Municipal protests times vary. See Title 5.

FUSION CANDIDATES

Each of the following requirements must be met for the name of a candidate to be placed on the ballot in a General Election as the nominee of more than one party for the same office:

  • The candidate must file a Statement of Intention of Candidacy (SIC) form between noon, March 16th and noon, March 30th with the appropriate official of at least one of the parties through which he wishes to gain ballot access.
  • The candidate must file an SIC form with each additional political party through which the candidate wishes to gain access. Any additional SIC form is not required to be filed during the March filing period.
  • The candidate must complete a party notice or pledge with each party with which he files an SIC.
  • The candidate must not have been defeated in any primary or convention preceding the election.
  • Each party must certify the candidate to the appropriate election commission by noon, August 15th.

For more information see S.C. Code of Laws Sections 7-11-10, 7-11-15, 7-11-210, and 7-13-350.

MUNICIPAL ELECTIONS

Municipalities conduct elections at various times. Partisan elections, including filing and primaries, are scheduled by the municipality. Non-partisan general elections have a petition filing deadline of 75 days prior to election; a statement of candidacy filing deadline of 60 days prior to election. Contact your municipality for details.

CANDIDATE DOS AND DON’TS

Your nickname may be used on the ballot if it does not exceed 15 letters, does not imply professional or social status, is a derivative of your given name properly acquired or bears no relation to your given name but it is used in good faith.

It is permissible for a candidate to be stationed outside the polling place but within the above stated 200 feet area, greet voters and solicit votes, provided there are no complaints by voters to the managers regarding this activity, or as long as in the managers judgment there is no disruption of the orderly election process. Candidates may not display or distribute campaign literature within this 200 foot area.  A candidate may wear a badge no larger than 4 ¼”x 4 ¼” within 200 feet of the entrance to the polling place. This label may contain the candidate’s name and office sought. The candidate may enter the polling place, but this badge must be removed before entering (Section 7-25-180 (b)). A candidate may greet voters in line outside of the polling place as long as he/she is not intimidating voters or interfering with the orderly election process. A candidate may not actively campaign inside the polling place.

Candidates and poll watchers should be permitted to look at the voter registration list in the polling place, provided that they do not interfere with the orderly conduct of the election and no one is waiting in line to vote.

A candidate or member of a candidate’s paid campaign staff, including volunteers reimbursed for time expended on campaign activity, may not request an absentee ballot application for any person unless that person is a member of their immediate family.

QUALIFICATIONS FOR OFFICE

Candidate’s qualifications for all offices, except SC Senate and SC House of Representatives, are determined at the time of the election and not at the time of filing or nomination. Qualifications for Senate and House are determined at the time of filing.

MINIMUM REQUIREMENTS FOR COUNTY OFFICES:

Office Minimum Age Residency Requirement Registered Voter Term of Office Consecutive Terms Special Qualifications/Notes
Council 18 Must be a resident of the county and/or district at the time of the election Yes 4 years/ 2years Indefinite Term is for 2 years in the following counties: Anderson, Edgefield, Orangeburg and York
Treasurer 18 Must be a resident of the county at the time of the election Yes 4 years Indefinite Treasurer is appointed in the following counties: Greenwood & York
Auditor 18 Must be a resident of the county at the time of the election Yes 4 years Indefinite Auditor is appointed in the following counties: Greenwood & York
Clerk of Court 18 Must be a resident of the county at the time of the election Yes 4 years Indefinite
Coroner 21 Must be a resident of the county for at least 1 year immediately preceding the date of the election. Must be a U.S. citizen Yes 4 years Indefinite
Probate Judge 21 Must be a resident of the county at the time of the election Yes 4 years Indefinite S.C. Code of Laws Section 14-23-1040 includes an education/experience requirement for Probate Judge. (Act 678 of 1990) However, the U.S. Department of Justice objected to the requirement, and the act was never precleared and is therefore unenforceable.
Sheriff 21 Must be a resident of the county for at least 1 year immediately preceding the date of the election. Must be a U.S. citizen. Yes 4 years Indefinite * See below for complete qualifications
Register of Deeds 18 Must be a resident of the county at the time of the election Yes 4 years Indefinite
School Board 18 Must be a resident of the county and/or district at the time of the election Yes 4 years/ 3 years/ 2 years Indefinite Contact the SC School Board Association for more information
Soil & Water Conservation District Commissioner 18 Must be a resident of the county and/or district at the time of the election Yes 4 years Indefinite

*Candidates for Sheriff must meet the following qualifications (S.C. Code of Laws 23-11-110): a) Have a high school diploma & 5 years experience as a certified law enf. officer; or 2 year associate degree & 3 years experience as a certified law enf. officer; or 4 year bachelors degree & 1 year experience as a certified law enf. officer; or served as a summary court judge for at least 10 years. Must not have pled guilty or been convicted of a felony in this state or in any other state or pled guilty or been convicted of driving under suspension of a license or driving under the influence of drugs or alcohol within the past 10 years. Candidates must be fingerprinted and have SLED make a search of local, state and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED no later than 130 days prior to the General Election. The results of the records search are to be filed with the county executive committee of the person’s political party. A person seeking nomination by petition must file the results with the county election commission in the county of his residence. Candidates must file a sworn affidavit containing certain information and affirming that the person meets all qualifications as required. Affidavits can be obtained from political parties or the local county election commission.

MINIMUM REQUIREMENTS FOR STATE/FEDERAL OFFICES:

Office Minimum Age State Resident US Citizen Registered Voter Term of Office Consecutive Terms Special Qualifications/Notes
US Senate 30 No time limit 9 years Yes 6 years Indefinite
US House of Representatives 25 No time limit 7 years Yes 2 years Indefinite
Governor 30 5 years 5 years Yes 4 years 2
Lieutenant Governor 30 5 years 5 years Yes 4 years 2
Secretary of State 18 No time limit No time limit Yes 4 years Indefinite
State Treasurer 18 No time limit No time limit Yes 4 years Indefinite
Attorney General 18 No time limit No time limit Yes 4 years Indefinite
Comptroller General 18 No time limit No time limit Yes 4 years Indefinite
State Superintendent of Education 18 No time limit No time limit Yes 4 years Indefinite
Adjutant General 18 No time limit No time limit Yes 4 years Indefinite
Agriculture Commissioner 18 No time limit No time limit Yes 4 years Indefinite
SC Senate 25 No time limit No time limit Yes 4 years Indefinite Must be a legal resident of the district at the time of filing
SC House of Representatives 21 No time limit No time limit Yes 2 years Indefinite Must be a legal resident of the district at the time of filing
Solicitors 18 No time limit No time limit Yes 4 years Indefinite Must be legal resident of circuit 30 days prior to the election

FELONY CONVICTIONS: The S.C. Constitution holds that a person convicted of a felony or an offense against the election laws is not qualified to file for or hold office, unless it has been fifteen years since the completion of the sentence for the crime or unless the person has been pardoned.

S.C. Constitution

ARTICLE VI. OFFICERS

SECTION 1. Eligibility for office; terms.

No person may be popularly elected to and serve in any office in this State or its political subdivisions unless he possesses the qualifications of an elector, is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another’s name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected. No person may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers must be for some specified period except officers in the militia. (1997 Act No. 3, Section 2, eff March 25, 1997.)

HATCH ACT: The federal Hatch Act applies to federal employees and others receiving federal funds and restricts their participation in campaigns for partisan offices.  For detailed information regarding the Hatch Act, visit the website of the U.S. Office of Special Counsel.
Information on this page subject to change.

 

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