On Nov. 4, Myrtle Beach voters will choose between five candidates to determine the next mayor and 10 city council candidates to pick three members.
In South Carolina, all 15 candidates must reside in Myrtle Beach in order to vote for, run for and serve as mayor or council member in the city. However, as the Municipal Association of South Carolina (MASC) points out, it’s sometimes difficult to determine whether candidates meet residency requirements.
Myrtle Beach’s past elections haven’t had residency issues, but the Grand Strand has seen residency challenges before.
After John David was elected to the Atlantic Beach City Council in a 2023 special election, a relative of his opponent, Josephine Isom, claimed David didn’t meet residency requirements. The South Carolina Supreme Court ultimately sided with David, upholding the election results.
How is a candidate’s residency determined?
In South Carolina, mayoral and council candidates must be eligible to vote for the position for which they’re campaigning. According to state law, that means a Myrtle Beach candidate must reside in the city for 30 days before the election.
Specifically for voting purposes, South Carolina law says a person can have a separate residence from their spouse. To change their residency for voting, a person can abandon their prior home with the “present intention to make that place” their home and “no present intention to leave that place.”
But how does South Carolina define residency? The Code of Laws says a person’s “domicile” or residence is their fixed home where they intend to return when absent. Even if a person has multiple homes, the law says they can only have one residence.
“It has to be what you consider your legal residence, normally where you reside at least 6 months of the year, receive 4% on taxes, and where you plan to return,” said Horry County Voter Registration and Elections Board Director Sandy Martin.
To determine a person’s residency, the law lays out more than 10 possible factors to consider, but notes that the list isn’t exhaustive.
The person’s address used for income tax returns, legal and financial documents, physical mail, driver’s license, vehicle registration, educational purposes and membership in organizations are all listed. Other factors include their real estate interests, where their personal property is located, whether they relocated temporarily for medical reasons and where their parents, spouse and children reside.
But these factors aren’t definitive because a person’s intent is relevant to their residency. According to the MASC, “the truth of the residency, from a legal standpoint, requires the person’s intent to reside there.”
Campaign residency challenges
Because a mayor or council candidate’s eligibility for public office is based on their voter eligibility, an eligible person could challenge a candidate’s voter registration.
In the event of a challenge, the Horry County Voter Registration and Elections Board would have to hold a hearing and make a ruling within 10 days. If a person’s registration is denied by the board, they can appeal the decision in court.
Even if the board denies a candidate’s registration, it doesn’t automatically mean their name is taken off the ballot. According to the MASC, the South Carolina Election Commission usually requires a court determination of residency before removing the candidate’s name.
“State law provides no simple answer for resolving residency challenges,” the MASC says. “In most cases, a court action will be required to determine residency.”
According to Martin, it’s too far into the current election cycle to remove one of the 15 candidates from the ballot.
“It is too late to take someone off the ballot,” Martin said of this election cycle. “If they win, it would be up to the council or city to prove them not eligible.”