How long after filing could a South Carolina candidate move into the district they sought to represent?

Plain-English summary

A legislator asked how many days after filing a South Carolina candidate could move into the district if the candidate did not already live there. The 1996 AG said the answer depended on the office. As a general rule, eligibility was measured at the election rather than nomination. A person elected to office had to be a qualified elector, tied to registration and residence.

The opinion identified two exceptions to that ordinary timing. It cited a court order interpreting the House of Representatives residency provision to require residence in the district when filing. It also noted separate qualification timing for sheriff candidates. The letter did not give a universal grace period after filing or decide eligibility for an unidentified office.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was there a fixed number of days after filing to move into a district? A: No. The AG said the relevant deadline depended on the office and its qualifications.

Q: Could a candidate for the South Carolina House move in after filing? A: The opinion cited a court order reading §2-1-40 to require a House candidate to reside in the district at filing, rather than merely by the general election.

Q: When were qualifications ordinarily measured?
A: The AG described the ordinary rule as measuring them at the election, while warning that exceptions applied to particular offices.

Background and statutory framework

The opinion quoted Article VI, Section 1 on qualifications of an elector and discussed voter residence under the state constitution. It referenced S.C. Code Ann. §2-1-40 and a Charleston County court order for House candidacy, plus an earlier office opinion concerning sheriff qualifications.

Citations and references

Provisions discussed: Article VI, Section 1; S.C. Code Ann. §2-1-40.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-19-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96apr19williams.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY C ONDON
ATIORNEY GENERA L

April 19, 1996

The Honorable Dewitt Williams
Member, House of Representatives
Post Office Box 296
St. Stephen, South Carolina 29479
RE: Informal Opinion
Dear Representative Williams:
By your letter recent letter to Attorney General Condon, you have inquired about the number of days that a candidate has, after filing, to move into a district if he or she does not live in the district. The qualifications to hold public office in South Carolina are fixed and established by Article VI, Section 1 of the South Carolina Constitution, wherein it is stated that "[n]o person shall be popularly elected to any office in this State or its political subdivisions unless he possess the qualifications of an elector. ... " "Qualified elect.or" means "registered elector" or registered voter, and one who has not been registered to vote cannot be elected to and hold a public office. See also Article XVII of the South Carolina Constitution; Mew v. Charleston & S. Ry. Co., 55 S.C. 90, 32 S.E. 828 (1899); Blalock v. Johnston, 180 S.C. 40, 185 S.E. 51 (1936); Wright v. State Board, 76 S.C. 574, 57 S.E. 536 (1907). Article II, Section 4 of the South Carolina Constitution provides in part that " [e]very citizen of the United States and of this State of the age of eighteen and upwards who is properly registered shall be entitled to vote in the precinct of his residence and not elsewhere. ... " [Emphasis added.] Ordinarily, candidates' qualifications are determined at the time of the election and not at the time of nomination. State ex rel. Harrelson v. Williams, 157 S.C. 290, 154 S.E. 164 (1930). I am aware that there may be a few possible exceptions to this general rule, however, one being for candidates who would offer for election as sheriff and another R E~IHF.RT C. Dr,:-:srs B l'll.DISG

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PosT OFFICE Box 11549

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CoLL':viBIA. S.C. 2921 1- 1549

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TELEPHONE:

803-734-3970

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FAcs1 ~t1 LE: 803-253-6283

The Honorable Dewitt Williams
Page 2
April 19, 1996
being for candidates who would offer for election to the South Carolina House of Representatives. As to candidates for sheriff, see an Informal Opinion dated November 15, 1995; as to candidates for the House of Representatives, see S.C. Code Ann. §2-1-40 and the decision in The Charleston County Democratic Partv v. The Charleston County Republican Party and the Charleston County Election Commission, Court of Common Pleas of Charleston County, 82-CP-10-3370, Order filed September 10, 1982 (copies enclosed). The Court of Common Pleas construed §2-1-40 to mean that a candidate must reside in the House district at the time of filing and not merely at the time of the general election. Therefore, the answer to your question depends upon the office for which one would offer as a candidate. I hope that the foregoing has been helpful in resolving your question. If you have additional questions about a particular office, please feel free to call me and discuss the matter. This letter is an informal opinion only. It has been written by a designated Senior Assistant Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I am Sincerely,

Patricia D. Petway
Senior Assistant Attorney General

Enclosures