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S.C. Code Ann. § 8-1-80

Misconduct of public officer; office declared vacant

Applied in 7 court decisions — leading case In re Lynah (2000)

Most recently applied in In Re Love (November 2010)

1962 Code SECTION 50-8; 1952 Code SECTION 50-8; 1942 Code SECTION 1525; 1932 Code SECTION 1525; Cr

How often courts cite this section

19972000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.