A quorum is the minimum number of members of a public body who must be present for the body to take official actions. Quorum requirements apply to any governing body of a public entity, such as a city or town council. Council committees must also assemble quorums to act as the committee.
Except in unusual cases, a majority of the entire body must assemble to constitute a quorum. In a seven-person body, for example, at least four members must be present to make a quorum.
Public bodies with an even number of members
Most public bodies have an odd number of members. For an even number, the requirement of a majority means that bodies cannot establish a quorum with only half of the members in attendance. For an eight-person body, then, at least five members must be present to make a quorum.
Vacancies
Vacancies generally do not affect the quorum requirement. For example, a seven-member body with two vacancies will still require the presence of four members to constitute a quorum. The only situations in which a vacancy has been determined to alter the quorum requirement are actual, persistent vacancies in which there is no foreseeable time at which the vacancy will be filled. This is not an issue for councils, because state law requires elections to fill vacant council seats. It can happen on boards or commissions, for example, in the event of a member's death.
Under South Carolina law, a member of a public body generally continues in office until a successor is selected and qualified. Because of this, many perceived vacancies are not actual vacancies. The South Carolina Attorney General's office has repeatedly noted that a resignation does not automatically create a vacancy. Instead, the resigning member remains nominally "in office" until a successor is qualified.
Abstentions, conflicts and recusals
A member who is physically present but who abstains or fails to vote counts in establishing a quorum. For example, if four members of a seven-member body are physically present, but one abstains, the four-member quorum requirement is still satisfied.
A member who has a conflict of interest but still votes does not count in establishing a quorum. If four members of a seven-member body are physically present, and one has a conflict of interest but still votes, the four-member quorum requirement is not satisfied. This rule was reaffirmed recently in Anderson County v. Preston where the court determined that four members of a seven-member body had a conflict of interest in a specific matter, and that the body therefore lacked a quorum to act on that matter.
The South Carolina Ethics Commission has long advised that members who recuse themselves because of a conflict of interest should physically leave the room. Members who do this do not count towards establishing a quorum. For example, if four members of a seven-member body are present, and one declares a conflict of interest under the ethics rules and physically leaves the room, the four-member quorum requirement is not satisfied.
The South Carolina Court of Appeals explained in 2017 in the case Anderson County v. Preston that "[u]nlike in the case of a recusal – in which a member physically leaves the room to avoid participation – when a member properly abstains, it does not have the effect of defeating a quorum because the member is still physically present."
In uncommon case in which it is impossible to get a quorum without counting the conflicted members, the members should properly recuse themselves under the State Ethics Act. They should remain physically present for the vote, and state clearly on the record that their only reason for doing so is the preserve the quorum.
For more information, see the Handbook for Municipal Officials in South Carolina.