What happened to a South Carolina county election when an unopposed party nominee died before the general election?

Plain-English summary

Newberry County's unopposed Republican nominee for coroner died before the 2008 general election. No other party had filed a candidate for that office. The Attorney General concluded that the deceased candidate had already become his party's nominee under the rule for unopposed candidates, even though he would not have appeared on a regular primary ballot.

The AG then applied the statute governing a vacancy after an unopposed party nominee's death. He said each political party registered with the State Election Commission could nominate a candidate for coroner through a special primary. The opinion reported that the State Election Commission agreed with that reading.

Currency note

This opinion was issued in 2008. 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 an unopposed county candidate still a party nominee without a primary vote? A: Yes. The 2008 opinion said the county party committee's declaration made the unopposed candidate its nominee, with no need to list the name on the primary ballot.

Q: Could only the deceased candidate's party nominate a replacement? A: No. The opinion read the statute to allow each party registered with the State Election Commission to nominate a candidate in the special primary.

Q: Was the general election automatically canceled?
A: The opinion did not say that. It applied the special-primary process, whose statute addressed when a resulting nomination would be certified for the general election or a later special election.

Background and statutory framework

The request asked how to proceed after the sole candidate for Newberry County coroner died. The AG first applied the statute declaring unopposed candidates party nominees and then the statute for filling a nominee vacancy. The latter expressly covered a nominee who had been unopposed and permitted registered parties to use a special primary.

Citations and references

Statutes: S.C. Code Ann. § 7-11-90; Section 7-11-55.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-5-2008/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/mcleod-w-j-os-8609-6-5-08-newberry-county-coroner.pdf

Original opinion text

June 5, 2008

The Honorable Walton J. McLeod
Member, House of Representatives
P. O. Box 11867
Columbia, South Carolina 29211
Dear Representative McLeod:
In a letter to this office you referenced that Mr. Tommy Hedgepath, the unopposed Republican nominee for Coroner of Newberry County, died on Friday, May 30, 2008. Mr. Hedgepath was the unopposed candidate in the ensuing November, 2008 general election because there were no other candidates for this office from any other party. You have questioned the correct nominating and election procedure to be utilized in these circumstances. S.C. Code Ann. § 7-11-90 states that
[a]fter the closing of entries if any candidates shall be unopposed, the State committee in the case of State offices and the county committees in the case of county offices shall declare such unopposed candidates as party nominees, and the names of unopposed candidates shall not be placed upon the primary election ballots but shall be certified for the general election ballots. (emphasis added). Consistent with Section 7-11-90, inasmuch as Mr. Hedgepath was the only candidate for the office of Newberry County Coroner as no other candidates filed for that office, he should have been considered the Republican party nominee and his name would not have been placed upon the primary election ballot. Inasmuch as Mr. Hedgepath, the party nominee, died, the provisions of Section 7-11-55 then become relevant to the situation. That provision states that If a party nominee dies, becomes disqualified after his nomination, or resigns his candidacy for a legitimate nonpolitical reason as defined in Section 7- 11-50 and was selected through a party primary election, the vacancy must be filled in a special primary election to be conducted as provided in this section. The filing period for this special primary election opens the second Tuesday after the death, disqualification, or approval of the resignation for one week. The special primary election then must be conducted on the second Tuesday immediately following the close of the filing period. A runoff, if necessary, must be held two weeks after the first primary. The

The Honorable Walton J. McLeod
Page 2
June 5, 2008
nomination must be certified not less than two weeks before the date of the general election. If the nomination is certified two weeks or more before the date of the general election, that office is to be filled at the general election. If the nomination is certified less than two weeks before the date of the general election, that office must not be filled at the general election but must be filled in a special election to be held on the second Tuesday in the month following the election, provided that the date of the special election to be conducted after the general election may be combined with other necessary elections scheduled to occur within a twenty-eight day period in the manner authorized by § 7-13-190(D). The procedures for resigning a candidacy under this section for legitimate nonpolitical reasons are the same as provided in § 7-11-50. Where the party nominee was unopposed, each political party registered with the State Election Commission has the privilege of nominating a candidate for the office involved through a special primary election in the same manner and under the same procedures stipulated by this section. (emphasis added). Inasmuch as Mr. Hedgepath was unopposed, Section 7-11-90 mandates that he became the “party nominee” and that his name not be placed upon the primary election ballot. Therefore, in the opinion of this office, it would appear that Section 7-11-55 is applicable, the “party nominee” having died and having been selected through the party primary process, and thus, each political party registered with the State Election Commission may nominate a candidate for the office of coroner through a special primary election as set forth in that provision. It is our understanding that the State Election Commission is of the same opinion as expressed herein. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:
REVIEWED AND APPROVED BY:

______
Robert D. Cook
Deputy Attorney General
cc:

The Honorable Ronnie W. Cromer

Charles H. Richardson
Senior Assistant Attorney General