Could South Carolina’s governor appoint a temporary county council member while a special election was pending?

Plain-English summary

Allendale County Council asked whether the governor could fill a seat temporarily after a council member died while a special election was being arranged. The opinion said the council member had more than two years left in the term. Relying on two prior AG opinions, the author distinguished terms with fewer than 180 days remaining, when the governor could appoint until the next general election, from longer remaining terms. For this longer term, the opinion said a special election must fill the vacancy and the governor should not appoint someone in the interim.

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: Who filled the Allendale County Council vacancy discussed in 1996?
A: The opinion called for a special election to fill the unexpired term because more than 180 days remained.

Q: Could the governor appoint a temporary replacement before that election?
A: The office advised against an interim appointment under the cited statutes for this longer remaining term.

Q: What did the opinion say about a vacancy with fewer than 180 days left?
A: It recited prior advice that the governor could fill that vacancy until the next general election.

Background and statutory framework

The request concerned a vacancy caused by a sitting council member’s death, with more than two years still remaining. The author quoted prior opinions applying Sections 4-11-20 and 1-3-220 and the 180-day distinction, then applied that distinction to Allendale County.

Citations and references

• County council vacancy and governor appointment: Sections 4-11-20 and 1-3-220.
• Prior office opinions: Op.Atty.Gen. No. 81-42 and Op.Atty.Gen. No. 93-68.

Source passage:

“Should more than one hundred eighty days remain on the
term, a special election must be ordered to fill the vacancy
for the unexpired term and I do not think that the Governor
has the authority under the cited statutes to fill the vacancy
pending the holding of the special election . .”

Official opinion PDF

Official title

Regarding “ the Governor’s power to fill, pending the holding of a special election, a vacancy on the county council caused by the death of a sitting councilman.

Requester

Mr. J.W. Wall, Jr., Chairman, Allendale County Council

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-9-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96sep9wall.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES \:10LO'.':Y (~OSDON
,\·rroR'."E\' CiENERAL

September 9, 1996
Mr. J. w. Wall, Jr.
Chairman, Allendale County Council
Post Off ice Box 677
Allendale, South Carolina 29810
Re:

Informal Opinion

Dear Mr. Wall:
You seek an opinion from this Office regarding the Governor's power to fill, pending the holding of a special election, a vacancy on county council caused by the death of a sitting councilman. This Office has been advised that at the time of his death, there were more than two years remaining on the councilman's term of office. This Office has previously advised in Op.Atty.Gen. No. 81-42 and Op.Atty.Gen. No. 93-68: Where there are fewer than one hundred eighty days remaining on the term, the Governor has the authority, pursuant to Sections 4-11-20 and 1-3-220, to fill the vacancy for the reason that it is then being filled by the Governor until the next general election, in precise accordance with the wording of the statutes to which reference is made. Should more than one hundred eighty days remain on the term, a special election must be ordered to fill the vacancy for the unexpired term and I do not think that the Governor has the authority under the cited statutes to fill the vacancy pending the holding of the special election . . In accordance with the prior opinions of this Office, since there were more than one hundred eighty days remaining on the deceased councilman's term, we would advise that the Governor would not appoint someone to fill the vacancy until the special election could be held.

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Mr. J. w. Wall, Jr.
September 9, 1996
Page Two
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 question 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

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:;u1;;Jours,

Paul M. Koch
Assistant Attorney General
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