View Amendment Current Amendment: 3198C001.NBD.HTC14.docx to Bill 3198     Senator SCOTT proposed the following amendment (NBD\3198C001.NBD.HTC14):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/         SECTION     1.     Section 7-5-10 of the 1976 Code, as last amended by Act 100 of 2007, is further amended by adding a new subsection at the end to read:

    "(C)(1)(a)     Notwithstanding subsections (A) and (B) of this section, a county legislative delegation may elect to combine the board of registration and the election commission. When the county legislative delegation elects to combine the board, the provisions of subsections (A) and (B) do not apply and instead this subsection applies. Delegations may make the election between the first day of January and the fifteenth day of June in each even-numbered year. The election must be made by majority vote of the county's legislative delegation. If so notified of the combination by the delegation, the Governor, upon the recommendation of a majority of the members of the county's legislative delegation, shall appoint not less than five nor more than nine competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Voter Registration and Elections of ____________ County'. At least one appointee on the board must be a member of the majority political party represented in the General Assembly and at least one appointee must be a member of the largest minority political party represented in the General Assembly.
            (b)     After their appointment, the board members shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26, Article III of the Constitution of this State: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.'
            (c)     The oath must be filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the Office of the Secretary of State.
            (d)     The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
        (2)(a)     The Governor shall appoint the initial appointees promptly upon receiving the recommendations. Four of the initial appointees shall serve two-year terms, and the remaining initial appointees shall serve four-year terms. Upon expiration of the terms of those members initially appointed, the term of office for the members of the board is four years, and until their successors are appointed and qualify. Members may succeed themselves.
            (b)     A member must be present at a meeting in order to vote.
            (c)     If a member misses three consecutive meetings of the board, the chairman or his designee immediately shall notify the Governor who shall then remove the member from office.
            (d)     In case of a vacancy on the board, the vacancy must be filled in the same manner as an original appointment, as provided in this section, for the unexpired term.
            (e)     The board shall elect from among its members a chairman and such other officers as it may consider desirable. The board shall then notify the State Election Commission in writing of the name of the persons elected as chairman and officers of the board. Each officer shall be elected for a term of two years.
            (f)     The board may hire a director. The director is responsible for hiring and managing the staff. Staff positions are subject to the personnel system policies and procedures by which all county employees are regulated, except that the director serves at the pleasure of the board.
            (g)     Members of the board and its staff shall receive compensation as may be appropriated by the governing body of the county.
        (3)     When the county legislative delegation makes the election allowed pursuant to this subsection, the previous offices of county election commissions and voter registration boards, or combined boards are abolished. The powers and duties of the county commissions and boards of election and voter registration are devolved upon the board of voter registration and elections for each county created in item (1). Those members currently serving on the county boards of election, voter registration commissions, or combined boards shall continue to serve in a combined governing capacity until the successor board members established pursuant to this section are appointed and qualify.
        (4)(a)     Each member, and each staff person designated by the board, must complete, within eighteen months after a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission shall issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
            (b)     If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, shall remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
            (c)     Following completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."

SECTION     2.     Section 7-5-20 of the 1976 Code is amended to read:

    "Section 7-5-20.     The board of registration or in the those counties with combined boards, the board of voter registration and elections, of each county may appoint deputy members of the board, in numbers as may be necessary, whose terms shall be for a period of time as determined by the boards. The deputy members shall have the same powers and duties as regular members of the board. The clerk to each board may be made a deputy member of the board for the purpose of taking applications."

SECTION     3.     Section 7-5-30 of the 1976 Code is amended to read:

    "Section 7-5-30.     (A)     Such boards County boards of registration, and in counties with combined boards, the county board of registration and elections, shall register and conduct the registration of the electors who shall apply for registration in their respective counties as herein required. Their office shall be at the county seat, and they shall keep a record of all their official acts and proceedings. Provided, that nothing herein shall be construed as prohibiting the boards of registration from taking their registration books across adjoining county lines to register qualified electors of their respective county whose regular place of employment is in an adjoining county or who are otherwise unable to get to the county seat during office hours to register. One member of the board shall constitute a quorum for the purpose of registering or refusing to register applications for registration. Except as provided in Section 7-5-10(C) for members of a combined board of registration and elections, their term of office shall be for two years from the date of their appointment, and they shall continue in office until their successors shall have been appointed and shall qualify. In case of a vacancy from any cause in any board of registration the Governor shall fill such vacancy in the same manner as provided in Section 7-5-10."

SECTION     4.     This act takes effect upon signature of the Governor.         /

    Renumber sections to conform.
    Amend title to conform.