Union County voters will elect another county supervisor in the 2010 general elections.

Whether or not the county will continue to function under the current form of government, however, is still unknown.

County Supervisor Tommy Sinclair informed council members Tuesday night the Department of Justice had not given its go ahead as of Monday, Feb. 15, for a special referendum asking voters if they want to change the form of government from its current state where the county supervisor is elected or to that in which the council would appoint a county administrator.

Council members decided in December to move forward with a special election tentatively set for Tuesday, Feb. 23, with the stipulation the justice department give its blessing to the proposed form of government change by 5 p.m. Monday.

That OK did not come in time and a referendum now cannot be held soon enough to affect the general election ballot.

“We did not hear from them,” Sinclair said, adding he attempted several times last week to get in touch with someone at the justice department regarding the issue and even again Tuesday to inquire as to its inaction on the matter.

But as the matter stands, the referendum — if the council chooses to continue down the path of changing the county’s form of government — will be rescheduled once clearance from the justice department is given.

That could mean voters will see the issue on the Nov. 2 general election ballot or sooner.

Since the special referendum could not be voted on, the position of Union County Supervisor will open for election again this year. Sinclair — who was appointed by S.C. Gov. Mark Sanford late last fall — is working for an annual salary of $1 and serving out the remaining year of former county supervisor Donnie Betenbaugh’s term.

Betenbaugh was indicted on several federal corruption and drug charges in October and recently pleaded guilty to one count of extortion in exchange for his full cooperation in the federal government’s investigation as part of a plea agreement with the U.S. Attorney’s office.

Even if a referendum to change the county’s form of government was held before or during the general election, no change could take effect until a supervisor now to be elected in November finishes his or her four-year.

That was the council’s reasoning behind wanting to hold the special election on the issue by the end of February. If it would have passed, the change could have taken place this year and no supervisor would have needed to be elected in November.

The filing period for all county positions — now including the county supervisor’s position — opens March 16 and closes at noon sharp March 30, according to Union County Elections Director Darlene Pettit.