Section 30-5-5 - Qualifications for eligibility to serve as register of deeds; quo warranto actions to determine eligibility(A) In order to be eligible to serve or continue to serve as the register of deeds, a person must: (1) be a citizen of the United States and of this State;(2) be a qualified elector of the applicable county;(3) have: (a) a four-year bachelor's degree from an accredited post-secondary institution; or(b) at least four years' experience: (i) in the fields of law, real estate, or accounting; or(ii) as an employee in a register of deeds office in this State; or(iii) as a register of deeds in this State; and(c) for an appointed register of deeds, a person must comply with any county requirements not conflicting with the qualifications in this section and the Constitution of South Carolina; and(4) not have a pattern of failing to properly record in the time and manner prescribed in Section 30-5-90.(B) A quo warranto action may be brought in accordance with Section 15-63-60 to determine a person's eligibility to seek the position of register of deeds or continue to serve as register of deeds.Added by 2022 S.C. Acts, Act No. 213 (SB 1031),s 1, eff. 6/22/2022. 2022 Act No. 213, Sections 3, 4, provide as follows:
"SECTION 3. Section 30-5-5(A)(3)(a) and (b), as added by this act, do not apply to a person who holds the office of register of deeds on the effective date of this act and during his tenure in office.
"SECTION 4. If a quo warranto action is brought in accordance with Section 15-63-60 alleging (a) a register of deeds has a pattern of failing to record in the time and manner prescribed in Section 30-5-90, and (b) the pattern of failing to record occurred only prior to the effective date of this act, then the register of deeds may assert as an affirmative defense to the action that, on the date the action is filed and for thirty consecutive days thereafter, no properly delivered and executed document remains unrecorded in the office for more than thirty days after its receipt."