Two election bills passed by the General Assembly and signed into law in 2026 bring important changes to municipal election administration, filing procedures and special election scheduling. These changes focus on making elections more consistent across the state and easier for the South Carolina Election Commission to manage.
Does your municipality have to change its election date?
Maybe. Beginning January 1, 2027, municipal general elections must occur on one of four permissible dates. The four permissible election dates are
- the first Tuesday after the first Monday in April of odd-numbered years,
- the first Tuesday after the first Monday in November of odd-numbered years,
- the first Tuesday after the first Monday in April of even-numbered years, and
- the first Tuesday after the first Monday in November of even-numbered years.
If your municipality does not currently use one of these dates it must change its election date. Note that the second Tuesday of a given month does not satisfy this requirement, instead the election must be held on the first Tuesday after the first Monday.
What dates are available to your municipality?
Municipalities required to move their elections have two options: the first Tuesday after the first Monday in April of odd-numbered years, or the first Tuesday after the first Monday in November of odd-numbered years. Your municipality may not newly select an even-numbered year election date. Municipalities are permitted the two even-year options only if their most recent general election was held on one of those two dates.
How does your municipality change its election date?
An ordinance adopted by a majority of council following two readings is required to affirmatively change your election date. If your municipality’s general elections are not currently conducted on one of the permissible dates, and your municipality does not adopt an ordinance before April 1, 2027, the election date will automatically be changed to the first Tuesday after the first Monday in November of odd-numbered years.
Are there ethical concerns with voting to change the election date?
The municipal association does not anticipate any ethical concerns if your municipality is adhering to the statute. Specific questions may be directed the SC Ethics Commission.
What happens if your municipality takes no action before April 1, 2027?
If your municipality is required to change its election date and does not adopt an ordinance before April 1, 2027, your elections will automatically be moved to the first Tuesday after the first Monday in November of odd-numbered years. Additionally, unless otherwise specified in your municipal code, newly elected officials will take office at the beginning of the first regular meeting of council in the month following the election.
Should your council adopt an ordinance if it intends to move its elections to November of odd-numbered years or can your municipality simply rely on the legal default described above?
The Association strongly recommends adopting an ordinance even if your municipality intends to use the November election date that would otherwise apply by default. An ordinance provides a clear record of the council’s decision and helps prevent future confusion about the municipality’s election schedule.
An ordinance will also likely be necessary to update other election provisions in your municipal code. For example, your municipality may need to revise its candidate filing period, filing fees, or the commencement of terms for newly elected officials. Addressing these provisions in the same ordinance that establishes the November election date will help eliminate conflicts within the municipal code and provide a consistent framework for administering future elections.
Will my Municipal Election Commission be eliminated?
If your municipality has a population of less than 10,000 according to the most recent official United States census, its municipal election commission will be abolished effective January 1, 2027. A municipality with a population of 10,000 or more may establish or retain a municipal election commission.
What happens if your Municipal Election Commission is eliminated?
a. The county board of voter registration and elections must conduct and certify the municipal elections. Your municipality must reimburse the county for reasonable costs in accordance with a reimbursement schedule provided by the State Election Commission. The reimbursement schedule has not yet been released. Your municipality should contact the appropriate county board of voter registration and elections as soon as possible to discuss the transition and election administration.
Can your municipality voluntarily eliminate its Municipal Election Commission?
Yes, but there is no statutory obligation for a county board of voter registration and elections to conduct elections for municipalities with a population greater than 10,000. If your municipality wishes to have the county conduct its elections, it should coordinate with the county and document any agreement in writing.
When do the newly elected officials’ terms begin?
The terms of newly elected officers begin may begin no earlier than 48 hours after the election results are certified and no later than 80 days after the election. If your municipality has not previously established a commencement date within this range, the law provides new terms begin at the start of the first regular council meeting in the month following the election. If the ordinance ties commencement of terms to a council meeting, the municipality may also wish to specify whether the new terms begin at the start or end of that meeting.