Any public officer whose authority is limited to a single election or judicial district who is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be liable to indictment and, upon conviction thereof, shall be fined not more than one thousand dollars and imprisoned not more than one year.
The presiding judge before whom any public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by executive order declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer.
HISTORY: 1962 Code Section 50-8; 1952 Code Section 50-8; 1942 Code Section 1525; 1932 Code Section 1525; Cr. C. '22 Section 472; Cr. C. '12 Section 545; Cr. C. '02 Section 388; R. S. 305; 1829 (6) 391; 1993 Act No 181 Section 66, eff July 1, 1993.
Structure South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 1 - General Provisions
Section 8-1-10. "Public officers" defined.
Section 8-1-20. Illegal collecting and retaining rebates, commissions, or discounts.
Section 8-1-30. Knowingly allowing false claims by witnesses or jurors of mileage traveled.
Section 8-1-40. Failure of clerk, sheriff, or magistrate to pay over fines or penalties.
Section 8-1-50. Allowing records to be taken from office.
Section 8-1-60. Neglect of duty.
Section 8-1-70. Officers reported by circuit solicitor for neglect of duty; indictment.
Section 8-1-80. Misconduct of public officer; office declared vacant.
Section 8-1-100. Suspension of officer indicted for crime.
Section 8-1-130. Holding certain offices and serving as city attorney not dual officeholding.
Section 8-1-150. Filling vacancies.
Section 8-1-155. Preference to resident of state.
Section 8-1-160. Performance increase or decrease in salary; redress for decrease.
Section 8-1-170. Group productivity incentive programs.
Section 8-1-180. Tokens of recognition and other rewards; limit on amount per individual.
Section 8-1-190. Pilot programs to create innovation in state government.