When did Lake City’s newly elected mayor take office after the incumbent died before the term ended?

Plain-English summary

Lake City's mayor died about four months before the end of his term, and the mayor pro tempore was serving as mayor. Two council members, including the mayor pro tempore, were candidates in a November 1998 election for the next four-year term. The city asked when the winner would take office.

The Attorney General said the winner would take office on the legally designated start date of the new term, assuming all other legal requirements were met. The office did not know that exact date and pointed the city to its ordinance or other applicable local provision. It did not say the election winner could immediately replace the serving mayor pro tempore simply by winning the election.

Currency note

This opinion was issued in 1998. 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

Did the November election winner take office immediately after winning? A: The opinion said the winner took office when the new term began, assuming other legal requirements were satisfied.

Did the AG give a calendar date for the changeover? A: No. It said the exact beginning of Lake City's four-year mayoral term was not supplied and referred officials to the appropriate ordinance.

Did the mayor pro tempore's candidacy change the answer? A: The letter noted that the mayor pro tempore was on the ballot but did not treat that fact as changing the term-start rule.

Background and statutory framework

The question arose because the incumbent had died before his term expired. The opinion treated the November election as selecting a mayor for the next term, not as establishing a new start date. Its conclusion depended on the local term provision that the request did not provide.

Citations and references

The opinion did not cite a numbered statute or ordinance. The linked official PDF contains its complete answer and the facts supplied by Lake City.

Official title

Informing that on November 3rd, an election will be held to fill the mayor position for the new four year term set to begin in January. Two members of city council, including the mayor pro tempore, are on this upcoming ballot. Council has asked when the winner of the election will take office and assume the duties of the mayor.

Requester

George E. Simmons, Administrator, City of Lake City

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-30-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/98oct30simmons.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON •
ATTORNEY GENERAL

October 30, 1998

George E. Simmons, Administrator
City of Lake City
P.O. Box 1329
Lake City, South Carolina 29560

RE:

Informal Opinion

Dear Mr. Simmons:

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The city council of Lake City has requested an opinion from this Office. Council has asked that this opinion be forwarded to you upon completion. It is my understanding that the elected mayor of Lake City died on August 30, 1998, approximately four months prior to the end of his term of office. Since that time, the mayor pro tempore has been serving as mayor. On November 3rd, an election will be held to fill the mayor position for the new four year term set to begin in January. Two members of city council, including the mayor pro tempore, are on this upcoming ballot. Council has asked when the winner of the election will take office and assume the duties of mayor. Assuming all other legal requirements are met, the winner of the election would take office on the date the term of office is set to begin as provided by law. I would imagine that this date is set out in a city ordinance or something of that nature. Since I do not know the specific date the four year term will begin, I am unable to tell you the exact date the winner will take office. I would refer you to appropriate ordinance for this information. 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

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Mr. Simmons
Page2
October 30, 1998
questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. Wi~ kindest regards, I remain

Very truly yours,

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Paul M. Koch
Assistant Attorney General