Does SC law mandate that candidates for mayor and council must reside in Myrtle Beach?
On Nov. 4, Myrtle Beach voters will choose between five candidates to choose the next mayor and 10 city council candidates to pick three members. All 15 candidates in South Carolina must be residents of Myrtle Beach in order to cast ballots, compete for office, and be elected to the city’s council or mayoralty. However, it can also be challenging to ascertain whether applicants fulfill residence criteria, as noted by the Municipal Association of South Carolina (MASC).
Residency concerns have not arisen in Myrtle Beach’s previous elections, but they have along the Grand Strand.
A relative of his opponent, Josephine Isom, asserted that John David did not fulfill residency criteria after he was elected to the Atlantic Beach City Council in a special election in 2023. In the end, the South Carolina Supreme Court supported David and upheld the election’s outcome.
Candidates for council and mayoral positions in South Carolina must be qualified to vote for the office they are running for. A candidate from Myrtle Beach is required by state law to live in the city for 30 days prior to the election. According to South Carolina law, an individual may live apart from their spouse for the purposes of voting. A person can leave their previous residence with the “present intention to make that place” their home and “no present intention to leave that place” in order to change their residency for voting purposes.
However, what does “residence” mean in South Carolina? According to the Code of Laws, a person’s “domicile,” or abode, is the fixed place they plan to return to while they are not there. The law states that a person can only have one residence, even if they own others.
Although the list isn’t all-inclusive, the law outlines over ten potential factors to take into account when determining a person’s residency. The address is used for the individual’s income tax returns, legal and financial papers, physical mail, driver’s license, automobile registration, schooling, and affiliations. Their real estate holdings, the location of their personal belongings, if they temporarily moved for medical reasons, and the residences of their parents, spouse, and kids are further considerations.
However, since a person’s intent is relevant to their residency, these factors aren’t conclusive. The MASC states that “from a legal standpoint, the truth of the residency requires the person’s intent to reside there.”
An eligible individual may contest a candidate’s voter registration since a mayor or council member’s eligibility for public office is determined by their voter eligibility. The Horry County Voter Registration and Elections Board would have to convene a hearing and render a decision within ten days in the event of a challenge. A person has the right to file an appeal in court if the board rejects their registration. A candidate’s name is not immediately removed from the ballot even if the board rejects their registration. The MASC states that before deleting a candidate’s name, the South Carolina Election Commission typically needs a court ruling confirming the candidate’s residency.