South Carolina § 4-11-40 Removing county officer; filling vacancy.

South Carolina Statutes

§ 4-11-40 — Removing county officer; filling vacancy.

South Carolina § 4-11-40

Title 4COUNTIES

Ch. 11COUNTY OFFICERS

This text of South Carolina § 4-11-40 (Removing county officer; filling vacancy.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 4-11-40 (2026).

Text

Any county officer who is guilty of misconduct or persistent neglect of duty in office or any person who persists in holding any county office to which he has been appointed or elected but the duties of which he has not the capacity to properly discharge shall, upon indictment and true bill after warrant or after presentment of a grand jury and indictment and true bill thereon, be tried as for misdemeanor in office, and upon his conviction the office shall be declared vacant, and the sentence shall be removal of defendant from office. The vacancy shall be filled as when a vacancy occurs by death or resignation.

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Any county officer who is guilty of misconduct or persistent neglect of duty in office or any person who persists in holding any county office to which he has been appointed or elected but the duties of which he has not the capacity to properly discharge shall, upon indictment and true bill after warrant or after presentment of a grand jury and indictment and true bill thereon, be tried as for misdemeanor in office, and upon his conviction the office shall be declared vacant, and the sentence shall be removal of defendant from office. The vacancy shall be filled as when a vacancy occurs by death or resignation.

Legislative History

HISTORY: 1962 Code SECTION 14-304; 1952 Code SECTION 14-304; 1942 Code SECTION 1515; 1932 Code SECTION 1515; Cr. C. '22 SECTION 463; Cr. C. '12 SECTION 538; Cr. C. '02 SECTION 381; 1897 (22) 423.