South Carolina § 4-11-40 - Removing county officer; filling vacancy.
Full text of South Carolina South Carolina Code of Laws § 4-11-40 — Removing county officer; filling vacancy., with citation guidance and answers to common questions.
§ 4-11-40. Removing county officer; filling vacancy.
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.
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.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 4-11-40
What does South Carolina Code of Laws § 4-11-40 cover?
Section 4-11-40 ("Removing county officer; filling vacancy.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 4-11-40?
A common citation format is "South Carolina Code of Laws § 4-11-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 4-11-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.