Could Allendale hold and fund a special election to change its municipal government?

Plain-English summary

In a 1996 informal opinion, an assistant attorney general answered Allendale's questions about changing from a council form of government to a mayor-council form. He said the town could hold a special election when the statutory petition or governing-body ordinance conditions were met. He also said municipal funds paid the expenses of that election.

The mayor asked whether pay could change if the role became full time. The author referred that question to an enclosed earlier opinion rather than restating its salary analysis, so this record does not supply the answer. He additionally said the town then had to obtain federal Voting Rights Act preclearance before implementing a changed form of government. That requirement is part of the letter's 1996 analysis and must be evaluated under current law before use.

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: Could Allendale call a special election just on its form of government?
A: The author said yes, through the petition or council-ordinance process in the statute then in force.

Q: Who paid for that election?
A: The letter said the municipality bore election expenses, so Allendale town funds would pay.

Q: Did this letter decide whether the mayor's salary could increase?
A: No. It referred the mayor to an enclosed earlier opinion about salary changes, which is not reproduced here.

Q: Did winning the referendum immediately implement the change under the letter's analysis?
A: No. The author said federal preclearance was then required before implementation.

Background and statutory framework

The mayor posed three questions about the election, its cost, and mayoral pay if Allendale changed its government form. The author applied S.C. Code Ann. §5-5-20 to the election mechanism and S.C. Code Ann. § 5-5-50 to election expenses. For salary, he directed the requester to an earlier attached letter. His preclearance discussion reflected the federal voting-law regime as he understood it in 1996.

This was an informal opinion signed by an assistant attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• Change-of-form election: S.C. Code Ann. §5-5-20.
• Municipal election costs: S.C. Code Ann. § 5-5-50.

Official title

Questioning: Can The Town of Allendale hold a Special Election for a change in the form of government; Can Town funds be used for the Special Election; and [If the form of government is changed to Mayor-Council] the Mayor’s responsibility and time on the job will change from part time to full time. Can the salary of the Mayor change?

Requester

The Honorable Robbie Dix, Jr., Mayor, Town of Allendale

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-20-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96nov20dix.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CtiARLES MOLONY CONDON
ATTORNEY GENERAL

November 20, 1996

The Honorable Robbie Dix, Jr.
Mayor, Town of Allendale
939 Flat Street
Allendale, South Carolina 29810
Re:

Informal Opinion

Dear Mayor Dix:
This Office has received your recent opinion request. You advise that the Town of Allendale presently operates under a Council form of government. You further advise that the Town has discussed changing the form of government to Mayor-Council. In lieu of this discussion, you ask for this Office's opinion on the following three questions: 1. Can we [the Town of Allendale] hold a Special Election for this one item
[a change in the form of government]?

2.

Can Town funds be used for the same [the Special Election]?

[If the form of government is changed to Mayor-Council] [the] Mayor's 3. responsibility and time on the job will change from part time to full time, can the salary of [the] Mayor change? LAW/ANALYSIS As to your first question, S.C. Code Ann. §5-5-20 (Supp. 1995) provides that a municipality may hold a referendum to change the form of government
... if a petition executed by fifteen percent of the qualified electors is presented ... or if the municipal governing body shall by ordinance call for such an election, the

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Po~TOFFICE

Box 11549

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C OLDI BTA. S.C . '.!921 1-1549

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T ELEPHONE: 803-734-3970

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The Honorable Robbie Dix, Jr.
Page 2
November 20, 1996

municipal governing body shall conduct a special election not later than ninety days nor earlier than thirty days after the receipt of the certified petition or passage of the council ordinance ... . Therefore, pursuant to the statutory authority, the Town of Allendale may hold a special election to change the form of government from Council to Mayor-Council. In regards to your second question, pursuant to S.C. Code Ann. § 5-5-50 (1977), the municipality shall pay all expenses incurred in the conduct of any election. Accordingly, the Town of Allendale's funds shall be used to pay for the special election. As to your third question, I refer you to the attached opinion dated April 8, 1996. This opinion, which was addressed to J. Manin Harvey, Allendale Town Attorney, discusses the appropriate measures which should be taken when attempting to increase the salaries of a mayor or members of council. In addition, I note that before a new fonn of government may be implemented, preclearance under the Voting Rights Act of 1965, as amended, must be sought from the United States Department of Justice. Until such time approval is received from the Department of Justice, the change in form of government may not be implemented. NAACP v. Hampton County Election Commission, 470 U.S. 166, 105 S.Ct. 1J28, 84 L.Ed.2d 124 (1985). Once a submission is made, the Department of Justice ·has sixty (60) days to review the submission and either object to the submission or decline to object; the sixty days can be tolled if the Department of Justice requests additional information from the submitting entity (in this case, the Town of Allendale). This letter is an informal opinion only. It has been written by a designated 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 remain Very truly yours,

/!JA.!loJ.
Paul M. Koch
Assistant Attorney General
Enclosure