County Government and Intergovernmental Relations
Constitutional Amendment for Comptroller General’s Office — S. 35. This bill amends the Constitution to abolish the Office of the Comptroller General. The General Assembly would determine how the duties formerly performed by the Comptroller General would be handled. Additionally, the Governor would be authorized to levy property taxes to satisfy the general obligation debt of the state. These provisions would become effective only after a favorable referendum vote at the next general election. A Senate Judiciary subcommittee gave the bill a favorable report.
Polling Locations — S. 36. This bill authorizes county boards of voter registration and elections to establish polling places within their precincts, an SCAC policy position. A Senate Judiciary subcommittee carried over the bill after taking testimony to make some amendments.
Municipal Elections — S. 37. This bill requires all municipal elections to be held on odd-numbered years (an SCAC policy position) on one of the following dates:
- the first Tuesday after the first Monday in April; or
- the first Tuesday after the first Monday in November.
If the first Tuesday after the first Monday in November of odd-numbered years is the time for the general election in a municipality on or after the effective date, then the municipal governing body must not establish a different time for its general election. However, if the most recently held general elections within a municipality, as of the effective date of this bill, were on the first Tuesday after the first Monday in April in even-numbered years or on the first Tuesday after the first Monday in November in even-numbered years, then the municipality may retain that date for its general elections. Finally, if a municipal governing body fails to establish by ordinance a time for its general elections at least 90 days prior to Jan. 1, 2026, then the time for the general elections within that municipality is the first Tuesday after the first Monday in November in odd-numbered years.
The bill also allows municipal elections to be totally or partially transferred to county boards of voter registration and elections. When a municipal election is transferred in total to a county board of voter registration and elections, the municipal election commission is abolished. A municipal governing body may, by ordinance, determine when the terms of its newly elected officers begin, provided the terms begin no earlier than 48 hours after the certification of the election results and no later than 80 days after the day of the election. If a municipality does not have an ordinance determining when the terms of its newly elected officers begin, the terms must begin at the first regular meeting of its council in the month following the election. A candidate who is declared elected by certification of the election results may take the oath of office and perform the duties of the office pending the outcome of a contest unless a court directs otherwise.
Finally, the bill provides that beginning no earlier than 7 a.m. on election day, absentee ballots may be tabulated, and the tabulated data collected from these ballots and from the ballots cast during the early voting period may be loaded into the election management system (an SCAC policy position). However, results may not be publicly reported until after the polls are closed. After taking some testimony, a Senate Judiciary subcommittee carried over the bill to have staff draft some amendments.
Special Elections — S. 38. This bill provides a schedule of dates for special elections. Except for some provisions that only apply to fill vacancies in the offices of the U.S. House of Representatives and the state Senate and House of Representatives, special elections will be held on one of the following dates:
- the fourth Tuesday in January;
- the first Tuesday after the first Monday in April;
- the second Tuesday in June in even-numbered years only and for only primaries for special elections;
- the fourth Tuesday in August; and
- the first Tuesday after the first Monday in November for only elections other than primaries for special elections.
If the date for a primary for a special election, runoff primary or special election falls on a legal holiday, then the primary, runoff primary or special election must be set for the next succeeding Tuesday that is not a legal holiday. If the date for a special election to fill an unexpired term of office is 100 days or fewer from the date a general election, then no special election or primary must be held for the office. The provisions of this bill do not apply to unexpired terms in the office of the U.S. House of Representatives.
A Senate Judiciary subcommittee amended the bill to, among other things, add the provisions of S. 123 to provide a process for reopening the time to file for office in the case of a candidate’s death or withdrawal. S. 38 was given a favorable report as amended.
| 
