When did Richland County's new voter registration and elections board have to be appointed, and when did the old board stop serving?

Official title

Regarding “both the timeline and procedures for appointing members to the new board” and further ask us to address “how long…the incumbent members of the Board of Elections and Voter Registration of Richland County may continue serving in the ‘combined governing capacity’ described in SECTION 3 of Act 196 of 2014.”

Requester

The Honorable John L. Scott, Jr., Senator, District No. 19

Plain-English summary

A senator asked how Richland County's newly created Board of Voter Registration and Elections would be filled and how long members of the former boards could remain. The Attorney General said the Governor had six months from the law's June 2, 2014 effective date to make initial appointments, ending December 2, 2014.

The Governor was to appoint qualified county electors on the county legislative delegation's recommendation, within the statute's five-to-nine-member range and party-representation requirements. Appointees had to take and file their oaths, and the Governor had to notify the State Election Commission. Existing board members would serve in a combined capacity until at least five members of the new board had been appointed and qualified.

Currency note

This opinion was issued in 2014. 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: When did the 2014 appointment period end?
A: The opinion calculated a six-month period from June 2, 2014, ending December 2, 2014.

Q: Could the old members stop when just one new member was appointed? A: No. The statute kept incumbents serving together until at least five successors were appointed and qualified.

Q: What made a new board member qualified?
A: The opinion said a successor qualified by taking the required oath of office.

Background and statutory framework

Act 196 of 2014 created a unified county board and set the initial appointment period. The opinion read its amended appointment and transition provisions together: the new board's members had to meet the elector and party criteria, while incumbents bridged the gap until five successors qualified.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-24-2014/
• Original PDF: https://www.scag.gov/wp-content/uploads/2014/07/Scott-John-L.-Jr.-Senator-OS-9805-07-24-2014-00390518xD2C78.pdf

Original opinion text

Alan Wilson

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Attorney General

July 24. 2014

The Honorable John L. Scott. Jr.
Senator, District No. 19
P.O. Box 142
Columbia, SC 29202
Dear Senator Scott,

We are in receipt of your letter dated July 14, 2014 requesting the opinion of this Office as to "the proper procedures for appointing members to the Board of Voter Registration and Elections of Richland County" which, as you explain, was created as part of Act 196 of 2014. Specifically, you ask us to advise you regarding "both the timeline and procedures for appointing

members to the new board" and further ask us to address "how long . . . the incumbent members

of the Board of Elections and Voter Registration of Richland County may continue serving in the 'combined governing capacity' described in SECTION 3 of Act 196 of 2014." Our responses to these questions follow. I.

Law/Analysis

A. The Timelines and Procedures for Appointing Members to the Board of Voter Registration and Elections

Your first question, regarding the timeline for appointing members to the new board, is squarely addressed by Section 7-5- 10(B)(1) of the Code as amended by Section Three of Act 196

of 2014. See Act No. 196 § 3, 2014 S.C. Acts, 120Ih Gen. Sess. (amending S.C. Code Ann. § 7 5-10 to address inter alia the timeline for initial appointments to the newly-created Board of Voter Registration and Elections).

Specifically, Section 7-5-1 0(B)(1), as amended, explains

"[t]he Governor shall appoint the initial appointees within six months of the effective date of this section.'''' S.C. Code Ann. § 7-5-10(B)(l) (as amended by Act No. 196 § 3 of 2014) (emphasis

added). Thus, because Section 1 1 of Act 1 96 explains the Act "takes effect upon approval by the Governor" and the Governor signed Act 196 on June 2, 2014, it is the opinion of this Office that "the timeline" for appointing initial appointees to the newly-created Board of Voter Registration and Elections is according to the statute, six months from June 2, 2014 meaning the six month appointment period ends on December 2, 2014. As mentioned above, the newly-amended version of Section 7-5-10 also addresses the procedures to be utilized in making appointments to the Board of Voter Registration and

Rembert C. Dennis Buiujing

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The Honorable John L. Scott, Jr.
Page 2
July 24, 2014

Elections.

In particular, Section 7-5- 10(A)(1), as amended, states the Governor "shall appoint,

upon the recommendation of the legislative delegation of the counties, competent and discreet

persons in each county, who are qualified electors of that county." S.C. Code § 7-5- 10(A)(1) (as amended by Act No. 196 § 3 of 2014). The amended version of Section 7-5- 10(A)(1) goes on to

explain "the total number of members of the board must not be less than five nor more than nine persons" with at least one appointee being "a member of the majority political party represented in the General Assembly and at least one appointee . . .be[ing] a member of the largest minority

political party represented in the General Assembly."

Id.

Continuing, amended Section 7-5-

10(A)(2) requires board members, following their appointment, to take an oath of office,1 while the amended version of Section 7-5- 10(A)(3) adds "[t]he oath must be filed immediately in the

office of the clerk of court of common pleas of the county in which commissioners are appointed" unless there is no clerk of court in which case the oath should be filed "in the office of the Secretary of State."

The statute then explains "[t]he Governor shall notify the State

Election Commission in writing of the appointments."

S.C. Code Ann. § 7-5- 10(A)(4) (as

amended by Act No. 196 § 3 of 2014).
We believe these provisions answer your question as to the procedures for appointing

members to the Board of Voter Registration and Elections.
procedural

requirements

can

be

summarized

as

Specifically, we believe the

mandating

the

Governor,

with

the

recommendation of the appropriate county legislative delegation, appoint between five and nine qualified electors, with at least the minimum number of appointees from the political parties mentioned in Section 7-5-1 0(A)(1).

We further believe the Governor, who we have explained

has six months in which to make initial appointments under Section 7-5-1 0(B)(1), must then, pursuant to the terms of amended Section 7-5- 10(A)(4), notify the State Election Commission of

such appointments in writing.

Finally, the appointees, in order to be qualified to serve on the

Board of Voter Registration and Election, must take an oath to be filed in the appropriate county

clerk of court as explained in the newly amended Sections 7-5-10(A)(2) and 7-5-10(A)(3) of the Code.

B. The Length Incumbent Members may Continue Serving in the Combined Governing Capacity Described in Section Three of Act 196 of 2014

Your second question asks "how long . . . incumbent members of the Board of Elections and Voter Registration of Richland County may continue serving in the 'combined governing capacity'" mentioned in Section Three of Act 196.

This question, like your first question, is

largely answered by the newly amended Section 7-5-10 of the Code.

1 Section 7-5- 10(A)(2) as amended contains the oath of office to be taken by the board members stating as follows: I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this

State, to exercise the duties of the office to which I have been elected (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.

The Honorable John L. Scott, Jr.
Page 3
July 24, 2014

Section 7-5- 10(C), as amended by Act Three of Act 196 of 2014, abolishes the previous offices of county election commissions, voter registration boards and combined boards. See S.C. Code Ann. § 7-5- 10(C) (as amended by Act No. 196 § 3 of 2014) ("The previous offices of

county election commissions, voter registration boards, or combined boards are abolished."). Continuing, Section 7-5- 10(C) explains the powers of such boards "are devolved upon the board of voter registration and elections for each county created in subsection (A)." Id. Additionally, the amended 7-5-1 0(C) explicitly addresses your question regarding incumbents of these boards

stating, "members currently serving on the county election commissions, voter registration boards, or combined boards shall continue to serve in a combined governing capacity until at least Jive members of the successor board members established under this section are appointed and qualify. Id. (emphasis added). Thus, the answer to your second question is that incumbent members of county election commissions, voter registration boards, or combined boards serve "until at least five members" of the newly created Board of Voter Registration and Elections are

"appointed and qualify" as explained in Section 7-5-1 0(C).2
Sincerely,

Brendan McDonald
Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General

2 As we have explained in previous opinions, an individual qualifies for an office by taking the oath of office. See Op. S.C. Attv. Gen.. 2014 WL 2591469 (May 14, 2014) (reiterating that a successor is qualified by taking the oath of office); Op. S.C. Attv. Gen.. 2013 WL 2450881 (May 29, 2013) (stating an individual qualifies for office by taking the oath of office); Op. S.C. Attv. Gen.. 1 984 WL 249998 (October 25, 1984) (advising that an individual had not yet qualified for an office due to the fact he had not taken the oath of office); Op. S.C. Attv. Gen.. 1983 WL 181927 (July 1, 1983) (explaining the taking of the oath of office is the event which qualifies that an individual is fit for office) (quoting 67 C.J.S. Officers, § 18); Op. S.C. Attv. Gen.. 1982 WL 189502 (December 10, 1982) (indicating the oath of office must be performed in order for an individual to qualify for office); Op. S.C. Attv. Gen.. 1980 WL 120573 (June 30, 1980) (concluding that a successor in office is "appointed and qualified" when the successor who is appointed takes the oath of office); Op. S.C. Attv. Gen.. 1976 WL 22863 (February 5, 1976) (holding a master in equity would not qualify for the office until executing the oath of office).