Did a South Carolina sheriff already in office in 1993 need to file a candidate affidavit for reelection in 1996?

Plain-English summary

Senator Glenn Reese asked whether a sitting sheriff could be a qualified candidate for another term without the sworn candidate affidavit on file with the county election commission. The opinion distinguished sheriffs who held office when the 1993 amendment took effect from other candidates. It read subsection (E) to exempt those incumbents from the affidavit requirement in subsection (B), while expressly noting that subsection (D) remained applicable. For a sheriff who had held office on July 1, 1993 and continued to serve, the missing affidavit copy did not disqualify a reelection candidacy.

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: Did the 1996 opinion excuse every sheriff candidate from filing an affidavit?
A: No. Its conclusion concerned a person who held the sheriff’s office on July 1, 1993 and still held it when seeking reelection.

Q: Did an incumbent sheriff covered by the exemption need an affidavit copy on file with the election commission?
A: The opinion said no for the continuing incumbent described in the request.

Q: Did the exemption cover every part of the sheriff qualification statute?
A: No. The quoted exemption expressly excepted subsection (D).

Background and statutory framework

Act No. 19 of 1993 rewrote the affidavit provisions and took effect on July 1, 1993. The opinion described a candidate filing an affidavit with the party county executive committee, which would forward a copy to the county election commission. It then applied the subsection (E) exemption to a continuously serving sheriff.

Citations and references

• Sheriff candidate qualifications: S.C. Code Ann. § 23-11-110 (1995 Supp.), as printed across two lines in the source.

Source passage:

“Accordingly, it is my opinion that a person who held office as sheriff on July 1, 1993 and
who continues to do so today is not required to have a copy of the sworn affidavit on file
with the county election commission in order to be a qualified candidate for re-election
to that office.”

Official opinion PDF

Official title

Regarding the qualifications of sheriffs in South Carolina, specifically their eligibility for candidacy in the next election in regards to what they do and do not have on file with the local Elections Commission.

Requester

The Honorable Glenn G. Reese, Senator, District No. 11

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-4-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96sep4reese.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
('HARLES iv10LONY (:o°'DO'.'.

ATroR:-.:EY GENl:R:\L

September 4, 1996

The Honorable Glenn G. Reese
Senator, District No. 11
117 Sun Valley Drive
Inman, South Carolina 29349
Dear Senator Reese:
Thank you for your letter of August 7, 1996, seeking an interpretation of S.C. Code Ann. § 23-11-110 (1995 Supp.) which details the qualifications of sheriffs in South Carolina. Specifically, you have asked the following question:

If there is not a sworn affidavit, by the deadline, containing all the required information on file at the local County Election Commission, by a person who is currentlv serving as Sheriff, does this person who is a candidate for Sheriff have to have this information on file with the local Election Commission in order to be a legal, qualified, candidate for the next term of Sheriff? (Emphasis added.) Act No. 19 of 1993, which took effect on July 1, 1993, completely rewrote subsection (8) of§ 23-11-110. As stated in your letter, that section now requires a candidate for the office of sheriff to file a detailed sworn affidavit with his party's county executive committee, who then must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. However, subsection (E) of § 23-11-110 provides, "fa] sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section." (Emphasis added.) Thus, by its literal text, § 23-11-1 IO(E) exempts sheriffs who held office on July 1, 1993 from the provisions of subsection (B) regarding the filing of sworn affidavits. Accordingly, it is my opinion that a person who held office as sheriff on July 1, 1993 and who continues to do so today is not required to have a copy of the sworn affidavit on file with the county election commission in order to be a qualified candidate for re-election to that office.

RE QllEJ:;T LfS /Te:R'_

The Honorable Glenn G. Reese
Page 2
September 4, 1996

I trust this information is responsive to your mqu1ry. assistance, please do not hesitate to contact me.

If I can be of further

Sincerely,

;/
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-,
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Robert 6. Cook
Assistant Deputy Attorney General

RDC.ian
REVIEWED AND APPROVED BY:

b C. Williams, Ill
eputy Attorney General