COLUMBIA – Following the death of Dillon County Sheriff Douglas Pernell, Governor Henry McMaster issued Executive Order 2023-26, appointing Dillon County Sheriff’s Office Chief Deputy James Hamilton to serve as sheriff until a special election is held to elect a sheriff and a successor is elected and qualifies.
The order reads as follows:
EXECUTIVE ORDER
NO. 2023-26
WHEREAS, the undersigned has been notified that there presently exists a vacancy in the office of Sheriff of Dillon County due to the death of Douglas Pernell, Sr. on August 7, 2023; and
WHEREAS, section 23-11-40(D) of the South Carolina Code of Laws, as amended, provides that in the event of a vacancy in the office of a county sheriff, “except in the case when a vacancy occurs as a result of an indictment,” “[t]he chief deputy or second-in-command of the sheriff’s office shall act as sheriff until the vacancy is filled” by gubernatorial appointment or election and “[w]hile acting as sheriff, the chief deputy or second-in-command is subject to the duties and liabilities incident to the office of sheriff”; and
WHEREAS, upon the death of Douglas Pernell, Sr., James Lee Hamilton, Chief Deputy Sheriff of Dillon County, temporarily assumed the duties of Sheriff of Dillon County in accordance with section 23-11-40(D) of the South Carolina Code of Laws; and
WHEREAS, pursuant to section 23-11-40(B) of the South Carolina Code of Laws, “[i]f any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, the Governor shall appoint some suitable person,” who shall be an elector of the county, to serve as sheriff “until a special election is held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs”; and
WHEREAS, for the aforementioned reasons, and in accordance with the cited authorities and other applicable law, the undersigned has determined that it is necessary and appropriate under the circumstances presented to appoint a suitable person to serve as Sheriff of Dillon County “until a special election is held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs” as provided by section 23-11-40(B) of the South Carolina Code of Laws; and
WHEREAS, James Lee Hamilton, of Dillon, South Carolina, is a fit and proper person to serve as Sheriff of Dillon County.
NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of South Carolina and pursuant to the Constitution and Laws of this State and the powers conferred upon me therein, I hereby appoint James Lee Hamilton to serve as Sheriff of Dillon County until a successor shall qualify as provided by law. This Order is effective immediately.
ATTEST:
__________________________ MARK HAMMOND Secretary of State
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 11th DAY OF AUGUST, 2023.
HENRY MCMASTER Governor
