Posts Tagged ‘Election’

July 27, 2006

Opinion referencing a recently enacted provision amending S. C. Code Ann. § 61-6-2010 which deals with the issuance of a temporary permit allowing the possession, sale, and consumption of alcoholic liquors by the drink to “bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales.”

Requested by: The Honorable James H. Harrison, Member, House of Representatives

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July 19, 2006

Opinion regarding the legality and constitutionality of the Competitive Cable Services Act.

Requested by: R. Allen Young, Esquire

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July 19, 2006

Opinion inquiring whether “it is possible to be employed as a vice president of a state supported technical college and serve as a state senator in the same county?”

Requested by: Nancy T. Welch

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

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July 19, 2006

Opinion requesting follow-up opinion to an opinion issued May 23, 2006.

Requested by: Robert C. Norwood, Chairman and J. Walter Brown, Sr., Member, Rock Hill School District Three Board of Trustees

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July 5, 2006

Opinion regarding the “offering of incentives in exchange for voting.”

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

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June 26, 2006

Opinion regarding the placement of numbers on official ballots in Beaufort County.

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

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June 19, 2006

Opinion regarding dual office holding, specifically, being on the City of Sumter’s Community Development Housing Board and the Sumter County Election Commission.

Requested by: Linda Hammett, City Clerk, City of Sumter

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June 19, 2006

Opinion concerning a county clerk of court’s authority to add personnel.

Requested by: Robert M. Bell, Esquire

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June 1, 2006

Opinion regarding the eligibility of current employees of the Greenville Technical Charter High School to serve on the board of that school.

Requested by: David Gantt, Esquire

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May 26, 2006

Opinion concerning the annexation of property contained in the Buffalo Fire District by the City of Union (the “City”).

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

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May 23, 2006

Opinion concerning county council appointments to boards and commissions in Greenville County.

Requested by: Mark W. Tollison, Esquire

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May 18, 2006

Opinion questioning whether serving on both the Board of the State Human Affairs Commission and Board of the Beaufort County Board of Elections constitutes as dual office holding.

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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May 17, 2006

Opinion questioning whether an individual may both serve on the Marion County Voter Registration / Election Commission and as an assistant solicitor for Horry County.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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May 15, 2006

Opinion requesting as to “whether S.1205, which is currently pending before the House of Representatives, is valid and not violative of Home Rule since it specifically states that state law has preempted the regulation of agricultural facilities.”

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

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May 9, 2006

Opinion concerning a member of the Patriots Point Development Authority’s (the “PPDA’s”) decision to run for a position on the Town Council for the Town of Mount Pleasant (the “Town Council”) in a special election.

Requested by: David Burnette, Executive Director, Patriots Point Development Authority

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May 8, 2006

Opinion regarding the absence of a commissioner due to military service.

Requested by: Bill Starr, Chairman, Goose Creek Recreation Commission

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May 4, 2006

Opinion concerning the bylaws adopted by the Georgetown County Board of Elections and Registrations (the “Board”).

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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April 21, 2006

Opinion asking whether someone on the Bamberg Registration and Election Commission, who decided to run County Council, need to step down from her position on the Elections Commission.

Requested by: Betty S. Kilgus, Chairperson, Bamberg County Registration and Elections

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April 11, 2006

Opinion regarding the ability to “pass a local vested rights ordinance with our own language.”

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

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April 10, 2006

Opinion regarding dual office holding in the City of Bluffton.

Requested by: Terry A. Finger, Esquire

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April 4, 2006

Opinion concerning section 59-123-40 of the South Carolina Code.

Requested by: Joseph C. Good, Jr., General Counsel, MUSC

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March 28, 2006

Opinion questioning whether “a person who moves from within the territory of the St. Andrews Public Service District becomes ineligible for continued service on the District Board. And would that move outside the district trigger an automatic vacancy of the seat?”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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March 20, 2006

Opinion questioning the effective filing date for petition and write-in candidates for the Aiken County Board of Education.

Requested by: The Honorable Thomas L. Moore, Member, SC Senate

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March 20, 2006

Opinion inquiring as to Barnwell School District No. 45’s responsibility with regard to legal expenses incurred in the protest of an election for its Board of Trustees.

Requested by: J. Martin Harvey, Board Chairman, Board of Trustees for Barnwell School District No. 45

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March 13, 2006

Opinion concerning compliance of “York County requirements for the transfer of responsibility for City elections from the City to York County, may the City’s Council, by duly passed ordinance, extend the termination of the terms of its Councilmen and Mayor now in office?”

Requested by: Grant Duffield, City Manager, City of Tega Cay

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March 9, 2006

Opinion in which questions whether or not the Greenville Tech Charter School having a governing board with current paid employees violates the servant / master prohibition.

Requested by: The Honorable Gary R. Smith, Member, House of Representatives

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March 6, 2006

Opinion concerning the legality of a petition submitted to the City of Folly Beach proposing an ordinance for public referendum.

Requested by: Toni Conner-Rooks, City Administrator, City of Folly Beach

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March 3, 2006

Opinion concerning that legislation constrains the local school boards as it relates to other relevant statutes. And questioning whether the referenced proposed legislation if enacted would direct the school boards to comply in a manner that would be in direct conflict with other existing statutes that would be applicable.

Requested by: The Honorable Phil P. Leventis, Member, SC Senate

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February 16, 2006

Opinion referencing S.C. Code Ann. §7-9-60 and citing proposed Rules of Beaufort County Republican Party (BCRP); questioning whether the proposed BCRP Rules conflict with the requirements of Section 7-9-60 regarding the eligibility of members of a political party’s county executive committee to vote on any question.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

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February 14, 2006

Opinion questioning what “governing authority” does the delegation have with relation to the Board and if the delegation as the authority to make recommendations and suggestions to the Board relating to Board operations, procedures and bylaws.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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February 14, 2006

Opinion reviewing a prior opinion relating to the Drycleaning Facility Restoration Trust Fund.

Requested by: The Honorable Mike Fair, Member, SC Senate

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February 6, 2006

Opinion questioning whether the Georgetown County Board’s (“the Board”) current bylaws remain valid, according to Act No. 200 and 591, and whether the Board is authorized to change or adopt new bylaws.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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February 2, 2006

Opinion concerning the legality of a plan by Dutch Fork High School to raise funds for the construction of an athletic field house.

Requested by: Carolyn Hatcher, Director, Charities Division, Secretary of State’s Office

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January 24, 2006

Opinion regarding two petitions received by Colleton County Council (the “ Council”).

Requested by: Carol L. Clark, Esquire

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January 11, 2006

Opinion regarding “the legal ability of local governments to establish a local housing trust fund that is funded by a permanent dedicated tax or fee on local revenues.”

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

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January 6, 2006

Opinion regarding the constitutionality of using Judicial Circuits for appointing board members.

Requested by: The Honorable Lewis R. Vaughn, Member, House of Representatives

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December 9, 2005

Opinion regarding the potential sale of a portion of the Bull Street property which has, for almost two hundred years, been the home of facilities of the Department of Mental Health.

Requested by: Frank W. Fusco, Executive Director, State Budget and Control Board

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December 8, 2005

Opinion raising questions regarding the Town of Mount Pleasant possibly changing its municipal election date.

Requested by: R. Allen Young, Esquire

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December 1, 2005

Opinion raising questions regarding the Drycleaning Facility Restoration Trust Fund as set forth in S.C. Code Ann. §§ 44-56-410 et seq. Specifically, whether a dry cleaning establishment may discontinue participation in the trust fund.

Requested by: The Honorable Mike Fair, Member, SC Senate

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November 18, 2005

Opinion regarding the provision of S. C. Code Ann. § 8-3-150. Specifically, do county officials have any personal liability outside the bond regarding the duties of his office or for errors and omissions or does the county bond cover all liability?

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

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November 4, 2005

Opinion questioning the authority of the York City Council to extend its terms through an ordinance which would extend four council seats set to expire in April, 2006 for an additional eighteen months.

Requested by: The Honorable J. Edward Lee, Ph.D., Mayor, City of York

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November 2, 2005

Opinion questioning if seeking and holding the Richland County Council office while remaining an employee of the Department of Corrections violates dual office holding provisions.

Requested by: The Honorable Nathan Ballentine, Member, House of Representatives

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October 31, 2005

Opinion questioning whether the Johnson Town Council is required to fill the vacancy for the period of time a councilman serves in Iraq and does the Town stop payments to the councilman and pay the replacement instead.

Requested by: Greg W. Anderson, Esquire

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October 11, 2005

Opinion concerning an opinion dated September 6, 2005 to the Georgetown County Attorney which dealt with the question of the authority of the Georgetown County Administrator over the employees of the Georgetown County Board of Elections and Registration (“the Board”). Specifically, the language in Act No. 591.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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September 26, 2005

Opinion raising questions regarding proposals for infrastructure projects that have been submitted to the State Research Centers of Economic Excellence Review Board, hereinafter “the Board”, by Clemson University and the Medical University of South Carolina.

Requested by: Benjamin T. Rook, Chairman, Review Board, S.C. Research Centers of Economic Excellence

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September 19, 2005

Opinion questioning as to whether the winner of a municipal election in dispute can be sworn in, or does the current council member retain office pending the appeal.

Requested by: Joseph A. Vasquez, Esquire

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September 15, 2005

Opinion questioning whether in enacting 2002 legislation (see: Acts. Nos. 466 and 468 of 2002) reapportioning the election districts in both parties were the school district lines themselves changed.

Requested by: The Honorable Murrell Smith, Member, House of Representatives

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September 6, 2005

Opinion questioning the authority, if any, of the Georgetown County Administrator over the employees of the Georgetown County Board of Elections and Registration and the Georgetown County Veteran’s Affairs Director or the Director’s subordinate.

Requested by: John M. Tolar, Esquire

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August 24, 2005

Opinion regarding the authority and responsibilities of a board of commissioners of public works.

Requested by: The Honorable Jane C. Singh, Chairman, Elloree Water System

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August 24, 2005

Opinion concerning the authority of the Water Commission of Elloree in relation to the authority of the Mayor and Town Council.

Requested by: John G. Felder, Esquire

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July 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously on the Georgetown County Registration and Elections Commission and the Georgetown County Library Board.

Requested by: The Honorable Vida O. Miller, Chairman, Georgetown County Legislative Delegation

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July 7, 2005

Opinion regarding the county election commission for purposes of South Carolina Code 1-3-245.

Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

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July 6, 2005

Opinion questioning an alternative funding plan for schools in Dorchester County.

Requested by: The Honorable Lawrence K. Grooms, Member, SC Senate

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June 15, 2005

Opinion concerning how Chester County has a council-manager form of government. You have questioned who will carry out the duties of these offices after June 30 and have asked whether the individuals holding these two offices will remain in office pending resolution of the lawsuits regarding the change of government.

Requested by: William A. Frick, Chester County Manager

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May 5, 2005

Opinion questioning whether qualified voters who voted in the general election in November, 2004, at which time these voters may have voted in the District 5 election, may now vote in the District 7 special election.

Requested by: Samuel W. Howell, IV, General Counsel, Charleston County Board of Elections and Voter Registration

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May 3, 2005

Opinion regarding whether a conflict of interest would arise from the Executive Director of the Charleston County Human Services Commission running as a candidate or being elected to the Hollywood Town Council.

Requested by: Alyson C. Fudge, Esquire

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April 22, 2005

Opinion concerning whether serving simultaneously on the State Board Technical and Comprehensive Education and the Donaldson Development Commission would constitute dual office holding under the South Carolina Constitution.

Requested by: Edwin G. Foulke, Jr., Esquire

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April 19, 2005

Opinion indicated that the Town of St. George in considering entering into a water purchase and supply agreement with the Lake Marion Regional Water Agency (hereinafter “the Agency”). You indicated that should St. George enter into the agreement, it would be obligated to purchase treated potable water from the Agency.

Requested by: The Honorable David C. Sojourner, Mayor, Town of Saint George

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April 19, 2005

Opinion questioning whether a person may run for the position of clerk of court in Allendale County, while serving as County Director for the Department of Social Services.

Requested by: Lee. E. Harley-Fitts, Director, Allendale County Department of Social Services

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April 8, 2005

Opinion concerning the legality of H.3683, as it currently reads that candidates will be treated differently relating to Spartanburg County School Board elections.”

Requested by: The Honorable John D. Hawkins, SC Senate

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March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

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March 1, 2005

Opinion on the issue of the viability of Fripp Island creating a special police district and exactly what are the limits of your authority as sheriff over such a police district.

Requested by: The Honorable P. J. Tanner, Sheriff, Beaufort County

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February 1, 2005

Opinion questioning the extent of the State’s responsibility to provide technical assistance to poorly performing charter schools.

Requested by: The Honorable Ronald P. Townsend, Chairman, Education and Public Works Committee

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January 6, 2005

Opinion noting that “[t]he November 2 Chester County ballot contained a referendum allowing the citizens the choice to either retain our present form of government, Council- Manger, or to change to the Council- Supervisor form.”

Requested by: Jack L. Kindle, Chester County Treasurer

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December 15, 2004

Opinion dealing with dual office holding. Specifically, whether holding a position on a county election commission simultaneously with a position on the board of directors for the Wil Lou Gray Opportunity School would be considered dual office holding under the State Constitution.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

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December 8, 2004

Opinion questioning whether “the Agency is permitted to undertake the proposed financing without State approval”, if “Under State law, can the proposed bonds be issued without the approval of the State Budget and Control Board” and “Will the proposed transaction impinge on the sovereignty of the State?”.

Requested by: The Honorable Grady L. Patterson, Jr., Treasurer, State of South Carolina

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November 15, 2004

Opinion questioning whether there are any State laws which would prohibit the purchase and use of the referenced machine by a retail minibottle account in conjunction with legally purchased minibottles.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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November 15, 2004

Opinion questioning a particular individual’s eligibility to hold an elective office.

Requested by: H. Lloyd Howard, Esquire

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November 8, 2004

Opinion questioning “since a new form of government will be established, can the council set a salary for that position after the ordinance adopting the form of government is approved.”

Requested by: William E. Whitney, Jr., Esquire

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October 15, 2004

Opinion questioning whether you, as County Treasurer for Horry County, are considered as holding a state position or a county position.

Requested by: The Honorable Johnny C. Allen, Horry County Treasurer

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October 4, 2004

Opinion asking several questions raised by the St. Helena Elementary School Improvement Council.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

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October 27, 2004

Opinion questioning the definition of “greenbelt” in association with the upcoming referendum election on the ½ cent sale tax issue which is to be held pursuant to the provisions of S.C. Code Ann. Sections 4-37-10 et seq.

Requested by: R. Allen Young, Esquire

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September 13, 2004

Opinion “as to the upcoming referendum in Charleston County for a sales tax ordinance and the ballot question to be used in the referendum.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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August 26, 2004

Opinion providing certain information relative to the deadline of an election.

Requested by: The Honorable H.B. Limehouse, Chairman, Charleston County Legislative Delegation

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August 20, 2004

Opinion regarding the sales tax referendum for Charleston County which is being held pursuant to S. C. Code Ann. Sections 4-37-10 et seq. (Supp. 2003). Specifically, concerning certain language in Governor Sanford’s Executive Order regarding the Sales Tax referendum which orders a new election imposes additional duties, responsibilities and authority on the Board of Elections and Voter Registration regarding the ballot question.

Requested by: Samuel W. Howell, IV, Esquire

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August 18, 2004

Opinion questioning the method by which the Town of Kiawah Island may change from simultaneously elected two year terms of office to four year staggered terms.

Requested by: Dennis J. Rhoad, Esquire

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August 9, 2004

Opinion regarding the statutory procedure for a change in the form of municipal government, found in S.C. Code Section 5-5-10 et seq.

Requested by: William E. Whitney, Jr., Esquire

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August 4, 2004

Opinion concerning the mandate of the federal Help America Vote Act (HAVA) which enumerates certain requirements for future voting systems. Specifically, “whether Title III, Section 15481, (a)(2)(B) of the HAVA Act requires that all voting machines must produce a paper record of the vote cast by each voter that has been seen and verified by the voter.”

Requested by: The Honorable Joseph H. Neal, Member, House of Representatives

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July 12, 2004

Opinion regarding S.C. Code Ann. Sections 61-4-90 and 61-4-50 (Supp. 2003).

Requested by: The Honorable A.W. Flynn, Chief Magistrate

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July 9, 2004

Opinion concerning dual office holding. Specifically, whether a Town Administrator in Charleston County can also be appointed as a member of the Charleston County Election Commission.

Requested by: R. Allen Young, Esquire

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June 7, 2004

Opinion “whether the requirements for mandatory retirement age of 72 years applies to associate probate judges such that an associate judge would be required to retire upon reaching 72.”

Requested by: The Honorable A. Victor Rawl, Judge

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June 7, 2004

Opinion as to the meaning of “political management” as used in S.C. Code Ann. Section 7-13-75 (Supp. 2003).

Requested by: Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Registration

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June 2, 2004

Opinion questioning a situation where a clerk of court is filling the position of probate judge pursuant to S.C. Code Ann. Section 14-23-60(1977), is the clerk of court entitled to his regular salary as clerk of court as well as that of the probate judge during the time he is fulfilling the duties of both offices.

Requested by: The Honorable George K. Fickling, Barnwell County Clerk of Court

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May 25, 2004

Opinion concerning the authority of the State Election Commission (SEC) to procure the implementation of a Uniform Statewide Voting System for South Carolina.

Requested by: The Honorable John M. Knotts, Jr.; The Honorable Greg Gregory, Members, SC Senate

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May 20, 2004

Opinion regarding the Capital Project Sales Tax Act codified as S.C. Code Ann. Sections 4-10-300 (Supp. 2003).

Requested by: Stephen G. Riley, Town Manager, Town of Hilton Head Island

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May 13, 2004

Opinion referencing S.C. Code Ann. Section 7-11-50 (Supp. 2003), and asking what constitutes “business reasons” as used by a candidate for office who withdraws his candidacy pursuant to such provision.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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April 23, 2004

Opinion questioning whether the Board of Voter Registration and Elections for Charleston County is required to print and mail new voter registration cards to all registered voters in the County as a result solely of the creation of district lines for new County Council districts where no change of ward or precinct boundaries is involved.

Requested by: Samuel W. Howell, IV, Esquire

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April 21, 2004

Opinion regarding the residency requirements for a candidate for Charleston County Council District 7.

Requested by: Samuel W. Howell, IV, Esquire

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April 21, 2004

Opinion regarding the residency requirements for a candidate for Charleston County Council.

Requested by: The Honorable John Hawkins, Member, SC Senate

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April 20, 2004

Opinion asking whether the governing body of a county may by ordinance allow a taxpayer to elect to pay ad valorem taxes on real property located in a county in monthly installments rather than quarterly installments.

Requested by: The Honorable James E. Smith, Jr., Member, House of Representatives

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March 23, 2004

Opinion questioning as to whether an individual, presently a member of the Beaufort County Board of Elections and Registration, may serve on the Bluffton Public Safety Commission without violating the dual office holding provisions of the State Constitution.

Requested by: Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Registration

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March 17, 2004

Opinion as to the status of a member of the Newberry County Board of Education who no longer lives in the district from which the member was elected.

Requested by: V. Keith Callicut, Ph.D., District Superintendent, Newberry County School District

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February 24, 2004

Opinion concerning S.C. Code Ann. Section 59-63-70.

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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February 19, 2004

Opinion questioning whether Morgan Stanley can continue to bid on government bonds (school, state, etc.) and continue to distribute, sell and manage the sale of such bonds when one of their licensed financial advisers is running for election to the State House of Representatives.

Requested by: The Honorable Bill Cotty, Member, House of Representatives

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January 20, 2004

Opinion regarding Laurens County Ordinance No. 574 and questioning a provision which states that “(a)n appointee…(to the Planning Commission).. may reside in the unincorporated areas of the county or in an incorporated area which does not have an existing Planning Commission in place.”

Requested by: Ernest B. Segars, Laurens County Administrator

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January 13, 2004

Opinion concerning whether a county treasurer may withhold a tax receipt until the entire outstanding balance owed to the county, including the cost of demolition of a dwelling that is demolished pursuant to county ordinance and state statue, is paid.

Requested by: Jonathan M. Robinson, Esquire

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January 12, 2004

Opinion referencing that an annexation petition was previously presented to the Bluffton town council pursuant to the twenty-five percent elector petition/ election method. And specifically questioning whether the same petition can be presented a second time.

Requested by: Terry A. Finger, Esquire

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December 23, 2003

Opinion questioning a school referendum concerning citizens who believed they were voting for the expansion of a particular school but an early childhood center is being built near an existing structure and a new principal is being named. The citizens are desirous that the current principal be over the entire educational facility.

Requested by: The Honorable Bessie Moody-Lawrence, Member, House of Representatives

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October 8, 2003

Follow-up opinion concerning dual office holding previously issued on August 12, 2003 (serve on the Board of Trustees for Medical University of South Carolina and being considered for a position on the advisory committee of the federal Small Business Administration).

Requested by: The Honorable J.G. McGee, Member, S.C. House of Representatives

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October 3, 2003

Opinion concerning dual office holding. Specifically, whether simultaneously holding the positions of Delinquent Tax Collector for Barnwell County and board member of the Barnwell County District 45 School Board would constitute dual office holding.

Requested by: Wendall P. Gibson, Jr., Barnwell County Treasurer

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September 17, 2003

Opinion “regarding the interpretation and application of S.C. Code Ann. Sec. 6-1-320” and “conflict between §§ (b)(4) and (3)” of § 6-1-320.

Requested by: Melvin B. McKeown, Jr., Esquire

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September 16, 2003

Opinion regarding whether the Board of Trustees of the John de la Howe School in McCormick, “under South Carolina law can continue to serve as members of the Board until successors have been appointed and found qualified to serve.”

Requested by: Mr. Ronald M. Davis, Member, Board of Trustees, John de la Howe School; Ms. Frances P. Lindler, Member, Board of Trustees, John de la Howe School; Alton T. Loftis, Ph.D., Member, Board of Trustees, John de la Howe School

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September 16, 2003

Opinion relating to McCormick County Councilperson Strom and questioning whether a change in residency can result in a vacancy in the office for District Three.

Requested by: G.P. Callison, Jr., Esquire, McCormick County Attorney

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September 4, 2003

Opinion concerning “the validity of the amendment § 7-13-190(E)(3) its application to [the] municipal elections for the City of Barnwell and Town of Williston…”.

Requested by: Thomas M. Boulware, Esquire

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August 29, 2003

Opinion asking whether the South Carolina Department of Parks, Recreation and Tourism (SCPRT) may “make a grant to the South Carolina Natural Heritage Corridor for the purpose of securing one of the Camden Tower Sheds in Charleston for the Discovery Center for Region IV of the Corridor.”

Requested by: B.J. Willoughby, General Counsel, South Carolina Department of Parks, Recreation & Tourism

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August 29, 2003

Opinion “as to the legality of tournaments based upon contests of skill, in whatever form, in which a prize, purse, or premium, usually in the form of cash, is offered to contestants who win or place highly in the tournament.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, S.C. Senate

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August 22, 2003

Opinion explaining the law governing the validity of the bond referendum and the bonds issued pursuant thereto.

Requested by: The Honorable James H. Harrison, Member, House of Representatives

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August 22, 2003

Opinion asking to interpret South Carolina code sections as it pertains to a vacancy in the Solicitor’s office.

Requested by:  The Honorable Walter M. Bailey, Jr., Solicitor, First Judicial Circuit

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August 20, 2003

Opinion regarding a town council member, Mr. Glenn Ross, who pled guilty to assault of a high and aggravated nature.

Requested by: Brian M. Gibbons, Esquire, Great Falls Town Attorney

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August 12, 2003

Opinion concerning dual office holding. Specifically, a trustee for the Medical University of South Carolina (MUSC), can simultaneously serve on the Florence Housing Authority without violating the constitutional prohibition on dual office holding.

Requested by: The Honorable J.G. McGee, Member, House of Representatives

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July 31, 2003

Opinion concerning the Donalds-Due West Water Authority.

Requested by: The Honorable John Drummond, Senator, District No. 10; The Honorable William O’Dell, Senator, District No. 4; The Honorable Harry C. Stille, Member, House of Representatives; The Honorable Ronald P. Townsend, Member, House of Representatives; The Honorable Michael A. Pitts, Member, House of Representatives

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July 28, 2003

Opinion asking if the City of Johnsonville, either through its Counsel or otherwise, is obligated to provide legal representation to the Mayor of the City with respect to an election contest filed by one of the Mayor’s election opponents.

Requested by: Teresa P. Hanna, Administrator, City of Johnsonville

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July 24, 2003

Opinion concerning dual office holding. Specifically, “as to whether the position of Victims’ Services Coordinator is considered an office, as it pertains to the South Carolina Constitution prohibition against dual office holding.”

Requested by: Chief Douglas W. Graffagnino, Seneca Police Department

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July 21, 2003

Opinion concerning replacing a county councilman who was involved in an automobile accident and whom is incapable of fulfilling his or her duties.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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June 25, 2003

Opinion relating to an annexation petition. Specifically, asking can the map be amended prior to the petition being submitted to the Bluffton Town Council and if the map is amended can the people who have already signed the petition ratify the modification to the map.

Requested by: Terry A. Finger, Esquire, Bluffton Town Attorney

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June 24, 2003

Opinion asking whether the State Ethics Commission has the authority to find a state statute, or any part thereof, unconstitutional and dismiss a charge against a public official as a result.

Requested by: Herbert R. Hayden, Jr., Executive Director, State Ethics Commission

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June 6, 2003

Opinion regarding the “…possible change of election date by the Town of Mount Pleasant along with a possible 14-month extension of term” for certain municipal officers.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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June 5, 2003

Opinion regarding the Highway Commission and the ability of its commissioner to serve more than one term.

Requested by: The Honorable Scott H. Richardson, Senator, District No. 46

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May 27, 2003

Opinion regarding dual office holding. Specifically, whether a position on the South Carolina Occupational Safety and Health Review Board that is held simultaneously with a position on the Georgetown County Election Commission, appointed by County Council, violates the South Carolina Constitution.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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May 14, 2003

Opinion regarding Richland School District One’s purchase of properties for renovation and/or expansion of Dreher High School.

Requested by: The Honorable Leon Howard, Member, House of Representatives

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May 8, 2003

Opinion regarding the State Department of Education Regulation pertaining to the purchase of a property by a school district.

Requested by: The Honorable James H. Harrison, Member, House of Representatives

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April 24, 2003

Opinion concerning the authority of Cherokee County to acquire a supplemental water source for the County.

Requested by: The Honorable L. Hoke Parris, Chairman, Cherokee County Council

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April 21, 2003

Opinion regarding S.C. Code Ann. §§23-3-400 et seq., the Sex Offender Registry Act.

Requested by: The Honorable Ralph H. Hoisington, Solicitor, Ninth Judicial Circuit

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April 15, 2003

Opinion as to whether or not an approval of a “polling place voting functionally” satisfies the voting machine requirement of §7-13-1260, Code of Laws of South Carolina, 1976, as amended.

Requested by: The Honorable John M. Knotts, Jr., Senator, District No. 23

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March 18, 2003

Opinion regarding the recent ruling by the Honorable James Johnson in the case of Owings v. Hodges, 2002-CP-24-1136.

Requested by:  The Honorable Michael A. Pitts, Member, House of Representatives

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March 13, 2003

Opinion asking “whether or not it would violate the dual office holding prohibition of the South Carolina Constitution for a CPW Commissioner to also serve as a member of the GLEAMNS Commission.”

Requested by: William B. Patrick, Jr., Esquire

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March 4, 2003

Opinion “as to whether the current method by which the General Assembly elects in joint session is constitutional.”

Requested by: The Honorable Scott H. Richardson, Senator, District No. 46

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February 26, 2003

Opinion regarding potential dual office holding when two individuals (one candidate who presently serves as a publicly elected official of the James Island Public Service District, and the other as the city’s fire chief), can continue in their present positions and simultaneously serve on the James Island Charter High School Board of Directors.

Requested by: Nancy B. Gregory, Ed.D.; Mr. Robert New, James Island Charter High School Committee

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February 19, 2003

Opinion concerning the possible dissolution of the Inman Mills Water District and/or its take-over by another water district, possibly the Inman-Campobello Water District.

Requested by: The Honorable Ralph Davenport, Member, House of Representatives

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February 14, 2003

Opinion regarding the propriety of Ms. Diane D. Lauritsen’s intention to seek appointment to the Mount Pleasant Open Space Foundation.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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February 12, 2003

Opinion concerning the application of S.C. Code Ann. §12-37-251. Specifically, asking whether the Cherokee Springs Fire District “…can collect millage under …[12-37-251] and in this manner?”

Requested by: Patrick Murray, Fire Chief, Cherokee Springs Fire District

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January 10, 2003

Opinion regarding the re-appointment of a magistrate whose term is set to expire April 30, 2003.

Requested by: The Honorable André Bauer, Senator, District No. 18

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December 17, 2002

Opinion as to whether a “member of our Union County Fair Board [who is] …appointed to Union County Election Commission” may simultaneously hold both positions without contravention of the dual office holding provision of the South Carolina Constitution.

Requested by: William F. James, Chairman, Union County Agricultural Fair Association

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October 31, 2002

Opinion asking does the Ladies Island/St. Helena Fire District have the power of condemnation pursuant to the provisions of Section 6-11-130 even though this power is not specifically addressed in the Act creating this district?

Requested by: James S. Gibson, Jr., Esquire

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September 26, 2002

Opinion concerning the Elloree Water System Board of Commissioners (“Board”) and its disagreements with the Town of Elloree (“Town”).

Requested by: Charles L. Denniston, Commissioner, Town of Elloree Water System

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September 20, 2002

Opinion concerning whether serving in the House and on the governing Board of North Greenville College violates the dual office holding provision of the South Carolina Constitution.

Requested by: Mr. Joseph G. Mahaffey

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September 9, 2002

Opinion questioning the apparent “inconsistency in the 1965 act that was passed by the legislature creating the Dalzell Water District of Sumter County”, which created the water system which states that the delegation shall recommend only such persons as were nominated at a meeting of the residents of the service areas and the by-laws which have to be users.” Specifically asking, “[d]oes the act supersede the by-laws or because the board was given authority to create its by-laws do the by-laws control?”

Requested by: Kenneth R. Young, Esquire

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August 19, 2002

Opinion regarding a potential dual office holding situation. Specifically, if a person continues to serve as a commissioner on the JWSC as a representative of the City of West Columbia and as a member of County Council in January of 2003. And if there is a “problem with a person serving on County Council while being employed as a municipality’s utilities director.”

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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August 16, 2002

Opinion concerning the referendum provisions of S.C. Code Ann. §§6-11-350. Specifically, “[i]n your opinion, is the wording submitted by the Metro Sewer Board proper… [and]… [i]f the wording remains as it was submitted and referendum passed, do you think that a legitimate challenge could be filed?”

Requested by: Constance G. Moody, Director, Voter Registration & Elections Office

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August 2, 2002

Opinion asking as to when the term of Office commences for the Chesterfield County Clerk of Court.

Requested by: The Honorable Donald H. Holland, Member, S.C. Senate

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August 2, 2002

Opinion asking this Office to “….research the Codes regarding a Special Purpose District in Spartanburg County known as the Inman-Campobello Water District to determine if qualified electors residing in the district are permitted to petition the commission for the purpose of electing members to the board.”

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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August 2, 2002

Opinion concerning a vacancy which has occurred on the Summerville School District 2 Board of Trustees.

Requested by: The Honorable Converse A. Chellis, III, Member, House of Representatives

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July 24, 2002

Opinion referencing that the “…Town of Summerville has been presented with a petition to conduct a referendum regarding the sale of alcoholic beverages on Sundays pursuant to Section 61-6-2010.” Specifically, should the referendum be placed on the ballot for the next statewide general election, county general election or municipal general election?

Requested by: The Honorable Converse A. Chellis, III, Member, House of Representatives

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June 24, 2002

Opinion asking whether a Health Services District may legally make a political contribution to a State candidate or State political action committee; or whether a Health Services District may establish a separate segregate fund to be utilized for political purposes pursuant to U.S.C. § 441b(b)(2)(C).

Requested by: The Honorable Doug Smith, Speaker Pro Tempore, South Carolina House of Representatives

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May 28, 2002

Opinion noting that “pursuant to 4-10-300 et seq. S.C. Code of Laws, as amended, Hampton County is seeking to conduct a referendum on the issue of whether to establish a $.01 sales tax for capital projects in the County.”

Requested by: A.G. Solomons, Jr., Esquire

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February 14, 2002

Opinion “concerning the application of S.C. Code §4-9-90 (1976, amended)…” to a situation created by the recent redistricting plan in Beaufort County. Specifically, does a councilman serve out his unexpired term representing the new District, District 11 when he was elected to represent District 10?

Required by: Kelly J. Golden, Esquire, Beaufort County Attorney’s Office

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February 13, 2002

Opinion asking “whether or not a spouse of an elected county council member and/or county council chairman can serve on either the county voter registration board or the county election commission.”

Requested by: The Honorable Bob Walker, Delegation Vice Chair, Spartanburg County Legislative Delegation

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January 29, 2002

Opinion regarding the constitutionality of the Anderson County Board of Education as established by Act. No. 510, 1982 SC Acts 3420.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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November 7, 2001

Opinion concerning three issues: Transportation Facilities Financing Statute, Toll for Arthur Ravenel, Jr., Cooper River Bridge, and Restrictions of the Use of Residual Funds.

Requested by: Joseph Dawson, III, Esquire

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October 30, 2001

Opinion “with regards to the use of firearms within a Bird sanctuary for the purpose of deer population control.”

Requested by: Chad B. Hatley, Esquire

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October 16, 2001

Opinion concerning student registration for voting purposes throughout the various counties in South Carolina.

Requested by: James F. Hendrix, Executive Director

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August 27, 2001

Opinion concerning the compensation of a clerk of court who temporarily fills the vacancy in the office of a probate judge.

Requested by: The Honorable George K. Fickling, Barnwell County Clerk of Court

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August 13, 2001

Opinion asking questions related to the extent to which members of the Board of Trustees for the Fairfield County School District may receive compensation for their services on the Board.

Requested by: The Honorable Robert L. Carrison, Member, Town Council of Winnsboro

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June 21, 2001

Opinion concerning the filling of a vacancy in the office of the sheriff.

Requested by: The Honorable John M. Knotts, Jr., Member, House of Representatives

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May 16, 2001

Opinion concerning South Carolina’s voter registration and election laws. Specifically, the opinion addresses the notifications the Board of Elections and Voter Registration is required to issue every voter as Beaufort County undergoes the redistricting process.

Requested by: Ms. Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Voter Registration

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April 18, 2001

Opinion regarding the referendum for Sunday alcohol sales.

Requested by: James S. Gibson, Jr., Esquire

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March 15, 2001

Opinion concerning whether the Department of Natural Resources has the authority to suspend a commissioner of a local Soil, Water Conservation District.

Requested by: Susan S. Quinn, Assistant Chief Counsel, South Carolina Department of Natural Resources

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January 25, 2001

Opinion concerning an interpretation of an Anderson County ordinance. Specifically, asking which interpretation of the ordinance is correct: when positions are to be filled by County Council district appointment, can the Council affirm the appointment, or must the Council automatically accept the district appointment?

Requested by: Thomas L. Martin, Esquire

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November 22, 2000

Opinion concerning the term of the Colleton County Sheriff.

Requested by: The Honorable Larry K. Grooms, Senator, District No. 37

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October 18, 2000

Opinion asking whether a dual office holding situation exists if a member of the Lander University Board of Trustees simultaneously serves as a member of the Lexington County School District 2 Board of Trustees.

Requested by: Maurice Holloway

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October 16, 2000

Opinion concerning the allowable millage rate imposed by a special purpose district.

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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October 12, 2000

Opinion asking whether an “election commissioner can serve in that capacity if a family member (spouse) is elected to public office.”

Requested by: The Honorable Maggie Glover, Senator, District No. 30

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September 22, 2000

Opinion regarding the proper mechanisms for obtaining information from Internet providers necessary pertinent to an ongoing criminal investigation.

Requested by: Daniel R. Yeargin, Assistant Chief, Department of Public Safety

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September 15, 2000

Opinion regarding jurisdictional issues and other concerns relating to a traffic stop made by a Williston municipal police officer.

Requested by: The Honorable A.W. Flynn, Chief Magistrate

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August 23, 2000

Opinion asking whether a dual office holding situation would exist if a member of the Bamberg County Election Commission simultaneously served as a member of the Bamberg County Council.

Requested by: Ms. Alzena Robinson

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August 10, 2000

Opinion concerning candidates that have received donations from a legislative caucus committee on two different dates, during an election cycle that total $4,500.

Requested by: The Honorable Hugh K. Leatherman, Sr.

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July 20, 2000

Opinion requesting whether or not the filing period for candidates for the Dorchester County School Districts 2 and 4 boards should be considered under a statute which was passed this session, but has not  been pre-cleared  by the United States Justice Department.

Requested by: The Honorable William S. Branton, Jr., Member, South Carolina Senate

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July 13, 2000

Opinion stating: “I ran in the June 2000 primary election for the South Carolina Senate as Democrat. At the time I signed a pledge for the Democratic Party pursuant to Section 7-11-210.” The Honorable Theodore Brown now wishes to run as an Independent candidate for the House seat he now holds. The Democratic Party intends to seek an injunction to prevent him from doing so. Therefore, he has requested an opinion concerning the constitutionality of the pledge and the injunction that may prevent him from running as an Independent candidate per Section 7-11-210.

Requested by: The Honorable Theodore Brown, Member, House of Representatives

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June 8, 2000

Opinion asking whether a dual office holding situation exists if a member of the Berkeley County Zoning Appeals Board simultaneously serves as a member of the Hanahan Municipal Election Commission.

Requested by: Jack E. Stahl

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June 5, 2000

Opinion inquiring as to the legality of awarding a cash prize to a voter whose name is drawn at random from a listing of all who vote at either a primary or general election.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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May 24, 2000

Opinion regarding the validity of an attempted annexation by the Town of McBee in March 1972.

Requested by: The Honorable William B. Edwards, Mayor Pro-Tem, Town of McBee

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May 8, 2000

Opinion concerning the ban on video poker, which takes effect July 1, 2000.

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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May 4, 2000

Opinion informing this office that in 1994, the Beaufort County Election Commission and the Beaufort County Registration Board were merged into a single entity named the Beaufort County Board of Elections and Registrations.

Requested by: The Honorable Edie Rodgers, Member, House of Representatives

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April 28, 2000

Opinion concerning the legal effect of the Democratic Party’s failure to properly file in timely fashion several candidates’ Statement of Intention of Candidacy for placement on the ballot in upcoming elections.

Requested by: James F. Hendrix, Executive Director, State Election Commission

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April 6, 2000

Opinion asking if the Probate Judges Association has approved a bill which provides tiers of qualifications for probate judges based on county population, and whether it is constitutional.

Requested by: The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court

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March 9, 2000

Opinion asking whether moving a municipal election from a November election to a March election in the following year would violate state or federal law. And, ask whether the establishment of three-year terms for city council members and the mayor for the next two elections in order to achieve odd year elections in a five-year period would violate state or federal law.

Requested by: Roger P. Roy, Jr., Esquire

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March 9, 2000

Opinion asking whether a municipality may legally extend terms of office in this manner.

Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

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February 28, 2000

Opinion referencing an opinion letter from legal counsel representing the Charleston County School District.

Requested by: The Honorable Ernest L. Passailaigue, Jr., Senator, District No. 43

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February 24, 2000

Opinion asking whether a dual office holding situation exists if a member of the Bamberg County Election Commission simultaneously serves as a member of the Bamberg County Development Board.

Requested by: Alzena Robinson

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January 4, 2000

Opinion questioning whether the language of the constitutional amendment allows a local appropriation authority (i.e., county council or municipal council) to set up and fund a central victims’ assistance office or whether the language of the constitutional amendment effectively requires the local appropriation authority to fund victims’ services programs located within those local entities that have direct responsibilities for handling victims’ case (law enforcement, solicitor, courts, jails).

Requested by: The Honorable Kay Patterson, Senator, District No. 19

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December 10, 1999

Opinion asking whether the municipal election commissioner violated S.C. Code Ann. § 7-13-75 by volunteering for the candidate’s campaign.

Requested by: Gary H. Smith, III, Esquire, Aiken City Attorney

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December 10, 1999

Opinion regarding a City of Aiken municipal election commissioner serving as a volunteer campaign chairman for a candidate for the State House of Representatives.

Requested by: Gary H. Smith, III, Esquire

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October 21, 1999

Opinion informing that a City of Aiken municipal election commissioner served as a volunteer campaign chairman for a candidate for the State House of Representatives.

Requested by: Gary H. Smith, III, Esquire, Aiken City Attorney

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October 15, 1999

Opinion asking for guidance on several questions so that the Office of the Secretary of State may determine how to perform its ministerial duties provided by the municipal incorporation statutes.

Requested by: Neil Rashley, General Counsel, Office of the Secretary of State

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September 24, 1999

Opinion questioning the constitutionality of Act No. 733 of 1967, concerning the Georgetown County water and Sewer District.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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September 22, 1999

Opinion about the appropriate start date of the terms of office for members of the Wil Low Opportunity School Board of Trustees.

Requested by: Louise T. Scott, Ph.D., Chair, Board of Trustees

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August 26, 1999

Opinion regarding dual office holding, whether being a municipal court judge and being Charleston County Solicitor would violate that rule.

Requested by: R. Allen Young, Esquire, Town Attorney, Town of Mount Pleasant

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June 1, 1999

Opinion noting that recently the Department of Natural Resources has had correspondence with Mr. Ed Dixon concerning a renewal for his watercraft registration.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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May 3, 1999

Opinion clarifying the functions and responsibilities of the South Carolina Commissioner of Agriculture in light of the fact that the Office of Commissioner is a constitutional office.

Requested by: The Honorable D. Leslie Tindal, Commissioner, SC Department of Agriculture

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April 19, 1999

Opinion concerning the carrying of handguns in motor vehicles.

Requested by: James A. Preacher, Jr., Chief of Police, Norway Police Department

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March 9, 1999

Opinion concerning whether the federal Johnson Act allows not only a state, but a political subdivision of a state to exempt itself through legislative action from the effect of the federal law.

Requested by: The Honorable Luke A. Rankin, Member, South Carolina Senate

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February 17, 1999

Opinion regarding the propriety of paying members of county council cost of living increases, longevity pay increases and bonuses.

Requested by: The Honorable Mark S. Kelley, Member, House of Representatives

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February 11, 1999

Opinion referencing the South Carolina Republican Party and it conducting its Presidential Preference Primary on Saturday February 19, 2000.

Requested by: The Honorable Hugh K. Leatherman, Sr., Senator, District No. 31

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November 4, 1998

Opinion concerning the applicability of section 7-13-75 of the South Carolina Code of Laws.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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October 30, 1998

Opinion 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.

Requested by: George E. Simmons, Administrator, City of Lake City

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September 30, 1998

Opinion informing that the position of Executive Director of the Aiken County Registration and Election Commission will become vacant upon the December retirement of the present executive director.
Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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July 9, 1998

Opinion asking whether it is legal for an individual working for the South Carolina department of Mental Health to also serve on the Allendale County Voter Registration and Elections Commission.

Requested by: Ms. Dorothy J. Willis, Board of Registration, Allendale County

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July 2, 1998

Opinion reviewing the Patriot Party and a listing of the party officers.

Requested by: Mr. James F. Hendrix, Executive Director, South Carolina Election Commission

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June 22, 1998

Opinion regarding the time at which the interim Lexington County Auditor must leave office.

Requested by: The Honorable Irby Schultz, Lexington County Auditor

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June 22, 1998

Opinion as to whether Act. No. 287 of 1989 is still in effect and whether the Board of Education must still be elected from the same method as the county council to which Act 287 makes reference.

Requested by: Mr. Bobby Bowers, Office Director, State Budget and Control Board

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June 3, 1998

Opinion concerning whether a dual office holding situation exists if a law enforcement officer for the Greenville Spartanburg Airport Commission simultaneously serves as a member of town council.

Requested by: Hazel Hall, Town of Lyman Election Commission

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May 27, 1998

Opinion asking whether town council can refuse to hold an election to change the form of government when a petition certified by the county election commission containing 15% of the registered voters is presented to the council.

Requested by: The Honorable Robbie Dix, Jr., Mayor, Town of Allendale

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May 5, 1998

Opinion informing that a member of the Greenwood County Council was suspended by the Governor after being indicted for bingo fraud and asking whether this individual may offer and run for re-election in the upcoming November general election pending the resolution of the criminal charges.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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April 28, 1998

Opinion regarding the constitutionality of S.402 of 1997.

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

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April 21, 1998

Opinion concerning whether a dual office holding situation exists if a member of the Town of Kershaw Election Commission simultaneously serves as the Lancaster County Attorney.

Requested by: William R. Sims, Esquire

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March 26, 1998

Opinion as to the proper procedures to be followed in filling a vacancy on the Board of Fire Control for the Duncan Chapel Fire District.

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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March 18, 1998

Opinion regarding the constitutionality of an ordinance which requires employees who offer themselves as candidates for elective public office to resign employment with the City of Barnwell.

Requested by: Thomas M. Boulware, Esquire

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March 17, 1998

Opinion asking for clarification of Section 31-15-30(6) of the South Carolina Code of Laws.

Requested by: Stuart B. Watson, Clerk/Treasurer, City of Bamberg

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March 16, 1998

Opinion asking whether McCormick County is responsible for providing legal advice to or paying for the legal representation of the McCormick County Board of Election and Registration.

Requested by: G. P. Callison, Jr., Esquire

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March 10, 1998

Opinion asking several questions related to the ballot for a school bond referendum for the Charleston County School District.

Requested by: Robert N. Rosen, Esquire

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March 3, 1998

Opinion asking if the planning commission in Marlboro County is required by law to develop a comprehensive plan? And in the absence of a comprehensive plan can the county council pass ordinances restricting land use such as hog farms or junkyards?

Requested by: Lee C. Shortt, Chairman, Marlboro County Planning Commission

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February 20, 1998

Opinion regarding what effect a change in government would have on the position of county supervisor.

Requested by: The Honorable Linda H. Short, Senator, District No. 17

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February 19, 1998

Opinion concerning whether an Order of Judge Larry Patterson issued on September 30, 1996, Beane v. Charleston County Election Commission and Charleston County Republican Party overrules the 1982 case of the Charleston County Democratic Party v. The Charleston County Republican Party and the Charleston County Election Commission regarding the constitutionality of Section 2-1-40 of the Code.

Requested by: James F. Hendrix, Executive Director, South Carolina Election Commission

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February 12, 1998

Opinion asking whether the Saluda County Election and Voter Registration Commission (hereinafter “the Commission”)  or the Saluda County Council has the final decision making authority in the process of hiring a secretary and informing that the Commission held a meeting to interview candidates for the position.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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February 9, 1998

Opinion concerning a recent number of proposals requiring a statewide referendum on video poker and clarifying whether an idea allowing voters to decide whether poker payouts will be legal in South Carolina would be legally valid. Proponents of this idea will seek to enact a statute authorizing the holding of the statewide vote.

Requested by: The Honorable Michael E. Easterday, Member, House of Representatives

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January 27, 1998

Opinion asking whether a ten-year old may enter into a legally binding verbal or written contract without the approval of the ten-year old’s parent, guardian, trustee or executer of an estate and if there is a particular age at which a minor’s contract becomes legally binding.

Requested by: James A. Preacher, Jr., Chief of Police, Norway Police Department

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January 23, 1998

Opinion asking whether the Colleton County School District may call for a school bond referendum without the consent of County Council.

Requested by: Paul N. Siegel, Esquire

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January 13, 1998

Opinion questioning if there would be any prohibition to one candidate being the nominee of two parties both holding conventions, as opposed to primaries, to nominate candidates.

Requested by: James F. Hendrix, Executive Director, Election Commission

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January 6, 1998

Opinion regarding election issues.

Requested by: James F. Hendrix, Executive Director, Election Commission

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December 19, 1997

Opinion informing that a private developer owns approximately 350 acres of land located outside the City of Greenville city limits.

Requested by: The Honorable Mike L. Fair, Senator, District No. 6

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December 17, 1997

Opinion noting that the Strom Thurmond Monument Commission, which was created by the South Carolina General Assembly to establish a monument on the State House grounds to recognize the service of Senator Strom Thurmond, is raising funds entirely from private sources to pay for the monument.

Requested by: The Honorable John Courson, Chairman, Strom Thurmond Monument Commission

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December 10, 1997

Opinion asking: Can the Union County Council remove a member of the Board of Directors of the Union County Fair Association prior to the expiration of the term of such director?

Requested by: Robert E. Guess, Esquire

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November 26, 1997

Opinion asking two questions arising out of the November 20, 1997 opinion of this Office which discussed the qualifications of a member of the Ridgeville Town Council.

Requested by: The Honorable Allen Bozardt, Mayor, Town of Ridgeville

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November 20, 1997

Opinion concerning three situations which arise out of the fact that one of the members of the Ridgeville Town Council is not a resident of the town.

Requested by: The Honorable Allen Bozardt, Mayor, Town of Ridgeville

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September 23, 1997

Opinion regarding the Mayor, Town Council, and Town Attorney of the Town of Santee.

Requested by: Robert L. Williams, Police Chief, Town of Santee.

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August 29, 1997

Opinion regarding the Board of Trustees of the School Districts of Anderson County.

Requested by: The Honorable Daniel T. Cooper, Member, House of Representatives

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August 27, 1997

Opinion asking whether “section 8-15-65 of the Code, require[s] a ‘corresponding reduction’ in the county’s appropriations by the state, pursuant to Chapter 27 of Title 6, State Aid to Subdivisions, if a reduction is made in the operational budgets of the specified elected officials by a county council.”

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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August 19, 1997

Opinion concerning the number of members present in the Georgetown County Water and Sewer District.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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August 19, 1997

Opinion concerning the constitutionality of S.448.

Requested by: William W. Doar, Jr., Esquire

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July 11, 1997

Opinion concerning “whether magistrates may set bond on an individual who is charged with a violation of Section 16-11-311, Burglary- First Degree.”

Requested by: Robert L. McCurdy, Staff Attorney, South Carolina Court Administration

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June 27, 1997

Opinion concerning whether a dual office holding situation would exist if an Assistant United States Attorney simultaneously serves as a member of city or county council or member of the General Assembly and whether a dual office holding situation exists if a city prosecutor simultaneously serves as a member of city or county council or member of the General Assembly.

Requested by: Thomas O. Sanders, IV, Esquire

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June 24, 1997

Opinion asking if it is constitutional for a county to set its council members’ salaries as a percentage of a State Legislator’s salary. And if the practice is constitutional, what components of the Legislator’s compensation should be considered salary for use in computing the council member’s salary?

Requested by: The Honorable T. Scott Beck, Member, House of Representatives

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June 12, 1997

Opinion advising that one of the Coastal Carolina University’s board members is not seeking re-election and asking whether this member may remain in the seat until the General Assembly chooses his successor, which would presumably be during the 1998 Legislative Session.

Requested by: Edgar Dyer, University Counsel, Coastal Carolina University

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May 29, 1997

Opinion “seeking both clarification and guidance incident to the Lighthouse Charter School’s diligent efforts to achieve both the racial composition for the student body and to conduct a lottery as required by statute.”

Requested by: James P. Scheider, Jr., Esquire

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May 27, 1997

Opinion asking as to the constitutionality of S.392.

Requested by: The Honorable James L.M. Cromer, Jr., Member, House of Representatives

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May 15, 1997

Opinion regarding the election of members to the Commission of the Department of Transportation.

Requested by: The Honorable John David Hawkins, Member, House of Representatives

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May 5, 1997

Opinion asking whether a bill which devolves the authority for appointments and budgetary approvals for certain offices, boards, and commissions from the joint legislative delegation representing Beaufort County to the governing body of Beaufort County (hereinafter “the Bill”) is constitutional.

Requested by: The Honorable Edith Martin Rodgers, Member, House of Representatives

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April 16, 1997

Opinion asking whether the offenses of speeding and DUI (1st offense) constitute double jeopardy.

Requested by: Michael G. Wilkie, Chief of Police, Springdale Police Department

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April 7, 1997

Opinion seeking as to “the application of the Charter School Act of 1996 of South Carolina, which was passed by the South Carolina Legislature with the purpose of increasing choices for education of South Carolina families.

Requested by: The Honorable Edith M. Rodgers, Member, House of Representatives

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April 2, 1997

Opinion questioning whether a special election may be held to fill the unexpired term of office for the Auditor.

Requested by: The Honorable Douglas Jennings, Jr., Member, House of Representatives

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March 31, 1997

Opinion asking for guidance in the areas of statutory provision respecting immunity from arrest.

Requested by: Captain R.D. Abney, Aiken Department of Public Safety

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March 25, 1997

Opinion requesting the advice as to the constitutionality of Senate Bill 402 (S402).

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

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March 21, 1997

Opinion questioning the constitutionality of Senator Cork’s bill prohibiting persons who lose in a primary or run-off election from serving in an office as a result of write-in votes received in the general election.

Requested by: The Honorable Michael L. Fair, Senator, District No. 6

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March 13, 1997

Opinion regarding the constitutionality of Act number 515 of 1996. This Act transfers the power of appointment from the Georgetown County Legislative Delegation to the governing body of Georgetown County.

Requested by: The Honorable Yancey McGill, Member, South Carolina Senate

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February 10, 1997

Opinion questioning whether directors of a non-profit corporation may vote by proxy.

Requested by: Mr. Hampton J. Walker

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January 15, 1997

Opinion requesting as to S.C. Code Ann. § 59-121-30 (1990) which provides that no member of the Board of Visitors of the Citadel “…shall be elected or re-elected either by the General Assembly or by the Association of Citadel Men to fill any term of office the duration of which shall extend beyond the member’s seventy-fifth birthday.”

Requested by: The Honorable James M. Miles, Secretary of State, State of South Carolina

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December 23, 1996

Opinion regarding your upcoming change of residency from Beaufort County Council District 1, which you currently represent, to District 2.

Requested by: The Honorable Thomas C. Taylor, Chairman, Beaufort County Council

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November 26, 1996

Opinion asking when the recently elected auditor’s term of office begins, since your office pays a portion of the county auditor’s salary.

Requested by: The Honorable Earle E. Morris, Jr., Comptroller General, State of South Carolina

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November 20, 1996

Opinion 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?

Requested by: The Honorable Robbie Dix, Jr., Mayor, Town of Allendale

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November 19, 1996

Opinion requesting as to “whether Oconee County which approves the School District of Oconee County’s budget, can apply for a grant and have the grant funds, if approved, be administered by the School District.”

Requested by: The Honorable Thomas C. Alexander, Senator, District No. 1

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November 18, 1996

Opinion asking when the term of office begins for a member of the Newberry County Board of Education.

Requested by: Mr. Bernard Nichols, Member-Elect, Newberry County Board of Education

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October 28, 1996

Opinion asking whether the nominating petition for the office of commissioner of a public service district may contain the signatures of “inactive” voters.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41, Vice Chairman, Joint Delegation, Charleston County Legislative Delegation

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October 22, 1996

Opinion regarding the ability of a municipality to annex a United States military instillation using Section 5-3-150 of the South Carolina Code, which provides for a method of annexation when a petition is signed by all or at least seventy five (75%) percent of the area’s landowners.

Requested by: Honorable Joe A. Wilson, Senator, District No. 23

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October 11, 1996

Opinion concerning the applicability of S.C. Code Ann. Sec. 4-9-82 to the proposed merger of the Greenville, Spartanburg and Anderson Hospitals into a new entity, the AGS System.

Requested by: The Honorable Dan Lee Tripp and Honorable Dwight A. Loftis, Members, House of Representatives

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October 11, 1996

Opinion concerning the applicability of S.C. Code Ann. Sec. 4-9-82 to the proposed merger of the Greenville, Spartanburg and Anderson Hospitals into a new entity, the AGS System.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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October 8, 1996

Opinion on dual office holding (member of the school advisory council for Jefferson Elementary School Attendance in Chesterfield County and run as a write-in candidate for district commissioner with the Chesterfield Soil and Water Conservation District).

Requested by Mr. Billy L. Jenkins, Jefferson.

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September 12, 1996

Opinion on Act 52 of 1995 (referendum to establish a local-option sales tax to fund a highway construction project).

Requested by The Honorable Holly Cork, Member, South Carolina Senate.

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September 9, 1996

Opinion 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.

Requested by: Mr. J.W. Wall, Jr., Chairman, Allendale County Council

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September 4, 1996

Opinion 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.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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August 30, 1996

Opinion regarding S.C. Code Ann. 4-37-30(A)(3)(Supp.1995), inquires whether the inclusion of the word “accelerate” in the ordinance to be placed on the referendum ballot is an improper use or unlawful editorial addition to the referendum question.

Requested by: Ladson F. Howell, Beaufort County Attorney

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August 14, 1996

Opinion concerning whether a dual office holding situation would exist if a member of the Lexington-Richland School District Five Board of Trustees simultaneously serves as both the University of South Carolina Business Manager for the School of Education and the commissioner of the Irmo Fire District.

Requested by: Mr. Steve Mattison

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August 7, 1996

Opinion concerning the resignation sent to the Governor by the Acting Mayor and council members of the town of New Ellington, and inquiring whether the Governor is authorized to accept the resignations of an Acting Mayor and council members of a municipality. If so, what happens if he refuses to accept these resignations, and if accepted, who is to govern the town of New Ellington until elections can be held and new council members take office?

Requested by: Elizabeth B. Partlow, Legal Counsel, Office of the Governor

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August 2, 1996

Opinion asking “whether the resignation by a candidate for the House of Representatives is for a ‘legitimate non-political reason’ as specified in S.C. Code Ann. Secs. 7-11-55 and 7-11-50 and the consequences thereof.”

Requested by: The Honorable David H. Wilkins, Speaker of the House of Representatives

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July 23, 1996

Opinion concerning whether a dual office holding situation exists if a member of the Beaufort County Board of Elections and Voter Registration simultaneously serves on any other boards and/or commissions.

Requested by: James W. Richardson, Chairman, Beaufort County Board of Elections and Voter Registration

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July 15, 1996

Opinion inquiring what would happen if there is no pre-approved redistricting plan in place at the time that the current Richland County Council members’ terms of office expire.

Requested by: The Honorable James “Bubba” Cromer, Member, House of Representatives

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June 24, 1996

Opinion concerning whether a dual office holding situation exists if the Emergency Preparedness Director for Edgefield County, who also is co-coordinator of the E911 office, offers for election to and simultaneously serves as Mayor of the Town of Johnston.

Requested by: Wayne Adams, Edgefield County Administrator

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June 5, 1996

Opinion wishing to know the applicability of S.C. Code Ann. Sections 24-5-10 and 24-5-12 to a situation involving a closed county jail in Union County.

Requested by: Robert E. Guess, Esquire, Union County Attorney

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April 24, 1996

Opinion asking about the constitutionality of requiring a candidate for the office of sheriff to have his fingerprints taken and submitted to SLED for a criminal records search at least sixty days for the close of filing for election to office and whether it would be unconstitutional to require a candidate to “commit” to filing, or at least make the decision to run, prior to the time that filing actually opens.

Requested by: The Honorable James A. Lander, Senator, District No. 18

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April 19, 1996

Opinion inquiring about the number of days that a candidate has, after filing, to move into a district if he or she does not live in the district.

Requested by: The Honorable Dewitt Williams, Member, House of Representatives

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April 18, 1996

Opinion regarding the legality of reopening the filing process when a single candidate or, in some cases, two candidates have filed with a political party as a candidate for an office during the statutory filing period, and one or more of those candidates withdraws after filing is closed.

Requested by: James F. Hendrix, Executive Director, Election Commission

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April 8, 1996

Opinion asking in a fire district, may a commissioner also be employed by the fire district as secretary/treasurer?

Requested by: The Honorable John T. James, Commission Chairperson, South Greenville Fire District

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April 8, 1996

Opinion asking whether a separate ordinance must be adopted specifically to address mayor and council salaries prior to a salary increase being implemented in order to satisfy § 5-7-170.

Requested by: J. Martin Harvey, Esquire, Allendale Town Attorney

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April 8, 1996

Opinion questioning whether an employee of the Hospital, who is a physician, may be a member of the Hospital Board, and since the Board is fiscally autonomous, whether the members should be selected by Union County Council or chosen by the electorate of Union County.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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April 8, 1996

Opinion concerning whether a dual office holding situation exists if the Revenue Collector for the Town of Hilton Head Island simultaneously serves on Beaufort County Council.

Requested by: Ms. Kathy Barnes

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March 18, 1996

Opinion inquiring what constitutes grounds for rejection of an application for voter’s registration, specifically what should be done if the person strikes the clause, “Citizen of the United States” from the application, changes printed capitalized letters of the words “United States” to lowercase letters, or gives false information.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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March 7, 1996

Opinion inquiring as to the constitutionality of lines 31-38 of the proposed legislation “South Carolina School Accountability Act of 1996,” which states that no candidate for the office of trustee for the boards of trustees for the school districts in this state may accept monetary contributions from a certified political party and must not use campaign material linked to a political party.

Requested by: George C. Leventis, General Counsel, Department of Education

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March 5, 1996

Opinion inquiring whether or not it is permissible for the Marlboro County Auditor to hold that position and run for election as the Marlboro County Treasurer.

Requested by: The Honorable Delorice B. Cox, Marlboro County Auditor

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February 20, 1996

Opinion requesting an interpretation of certain statutes governing the composition of the Commission of the South Carolina Department of Transportation’s term regulations.

Requested by: The Honorable Michael T. Rose. Senator, District No. 38

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February 20, 1996

Opinion asking that the conclusion of an informal opinion issued on September 20, 1995, to the Honorable Dick F. Elliot be reconsidered. The referenced informal opinion informal opinion concluded that the language of S.C. Code Ann. §57-1-320(B) (1995 Cum. Supp.) meant that a district commissioner of the South Carolina Department of Transportation could not serve consecutive terms but would be limited to serving one term only, unless another commissioner’s term intervenes.

Requested by: The Honorable Thomas G. Keegan, Member, House of Representatives

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February 12, 1996

Opinion regarding the status of the Town of Reidville and the community’s interest in reviving the Town as an incorporated or chartered town and holding elections to fill all the vacant town offices.

Requested by: The Honorable C. Tyrone Courtney, Senator, District No. 13

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February 5, 1996

Opinion asking: may a qualified citizen register to vote by mail no later than 30 days prior to a special election or not later than 45 days prior to it?

Requested by: Newton I. Howle, Jr., Esquire

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December 28, 1995

Opinion inquiring as to whether the mayor of a town has the right to not administer the oath of office to a newly elected official because the individual has allegedly violated state laws and town ordinance.

Requested by: The Honorable Henry DeS. Copeland, Mayor, Town of Ehrhardt

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November 15, 1995

Opinion clarifying  S.C. Code Ann. §23-11-110 (1994 Cum. Supp.), as to when candidates for the office of sheriff must submit their fingerprints and affidavits concerning qualification to hold the office of sheriff.

Requested by: Debra Covington, Legislative/Research Asst., South Carolina Sheriffs’ Association

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November 6, 1995

Opinion seeking as to whether Orangeburg County School District One would be compelled to pay for legal expenses incurred by the Orangeburg County Election Commission which resulted from a ruling rendered by the Orangeburg County Election Commission in a recent run-off school board election.

Requested by: John E. Tindal, Superintendent of Schools, Orangeburg School District No. 1

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October 23, 1995

Opinion concerning the requirement in this State that one’s Social Security number be furnished by an individual desiring to register to vote.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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October 4, 1995

Opinion regarding the blue laws status of a business which is divided by two counties, with one county recognizing state blue laws while the other county has relaxed blue laws.

Requested by: The Honorable John Milton Knotts, Jr., Member of House of Representatives

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September 28, 1995

Opinion questioning how an annexation could proceed if sufficient numbers of the owners of property cannot be located to sign an annexation petition.

Requested by: The Honorable Lucille S. Whipper, Member of House of Representatives

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September 14, 1995

Opinion seeking as to the meaning of the phrase “resident freeholder” as used in S.C. Code Ann. §§5-3-240 and 5-3-280 (1976 & 1994 Cum. Supp.).

Requested by: The Honorable Greg Smith, Senator, District No. 34

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September 13, 1995

Opinion advising that the Aiken County Legislative Delegation used paper ballots to elect the chair and vice chair of the Delegation and concerning whether this violates the Freedom of Information Act.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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September 12, 1995

Opinion noting that S.C. Code Ann. Section 56-5-4160(D) specifies the procedure for payment of overweight vehicle penalties.

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

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September 5, 1995

Opinion advising that pursuant to S.C. Code Ann. §§ 5-7-200 and 7-13-190 (C), a special election has been scheduled for December 12, 1995, since the next regular election for council will not be held until September 1996.

Requested by: R. Allen Young, Esquire

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September 5, 1995

Opinion  attempting to determine if the proposed putt –putt course and golf hole would constitute an illegal lottery, illegal gambling, or both.

Requested by: J. Gregory Hembree, Esquire

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August 7, 1995

Opinion advising that the Clinton County Democratic Club formerly ran the city democratic primaries, but since the primaries are now state-run, there is no longer a need for the Club. The Club currently has a small amount of money left in its account and would like to know if it can donate these funds to the Laurens County Democratic Party.

Requested by: The Honorable James E. Bryan, Jr., Senator, District No. 9

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July 13, 1995

Opinion addressing four questions concerning dual office holding and conflict of interest.

Requested by: The Honorable James Lee Foster, Sheriff of Newberry County

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June 30, 1995

Opinion asking: if a person owns four or five separated tracts of land in the petitioning area, can that person sign the petition four or five times and be counted as four or five freeholders in order to reach the 75% requirement?

Requested by: John P. Mann, Sr., Esquire

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June 19, 1995

Opinion concerning various issues surrounding the Greenville Memorial Auditorium and the proposed Greenville Arena.

Requested by: The Honorable Harry F. Cato, Member, House of Representatives

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June 2, 1995

Opinion asking whether state law exempting municipal elections from S.C. Code Ann § 7-13-35 applies only to giving two notices, or whether it also applies to at least sixty (60) days’ notice being given before a municipal election.

Requested by: John M. Milling, Esquire

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May 15, 1995

Opinion regarding the May 2, 1995 election in Florence for Mayor and two at-large city council seats, after which four candidates for city council filed notice of protest because of a contest which arose during the counting of ballots.

Requested by: James W. Peterson, Jr., Esquire, Attorney for City of Florence

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April 21, 1995

Opinion asking a number of questions concerning the operation of municipal court, on the topics of the statute of limitations for warrants, additional charges brought against a person for failure to appear, how a defendant is to be notified if a person is absent at a trial, what the time limit is to request a jury trial, if a bench warrant can be issued for failure to appear, and if rehabilitation may be prescribed by the judge.

Requested by: The Honorable Robert K. Whitney, Municipal Court Judge, City of Westminster

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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Phone: 1-803-734-3970 | Fax: (803) 253-6283

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