S*1101 Session 111 (1995-1996)
S*1101(Rat #0530, Act #0465 of 1996) General Bill, By Holland
A Bill to amend Section 7-5-10, Code of Laws of South Carolina, 1976, relating
to appointment and removal of members of boards of voter registration, so as
to provide that members must complete a training and certification program
conducted by the State Election Commission; to amend Section 7-5-35, relating
to election and registration commissions, so as to provide that members must
complete a training and certification program conducted by the State Election
Commission; to amend Section 7-13-70, relating to the appointment of county
commissioners of election and managers of election, so as to provide that
commissioners must complete a training and certification program conducted by
the State Election Commission, to further delete provisions relating to the
appointment of managers; and by adding Section 7-13-72, so as to provide for
the appointment of managers and clerks.-amended title
02/06/96 Senate Introduced and read first time SJ-170
02/06/96 Senate Referred to Committee on Judiciary SJ-170
02/21/96 Senate Committee report: Favorable Judiciary SJ-12
02/22/96 Senate Read second time SJ-16
02/22/96 Senate Ordered to third reading with notice of
amendments SJ-16
02/27/96 Senate Read third time and sent to House SJ-24
02/28/96 House Introduced and read first time HJ-4
02/28/96 House Referred to Committee on Judiciary HJ-5
03/20/96 House Committee report: Favorable with amendment
Judiciary HJ-11
03/27/96 House Debate adjourned until Thursday, March 28, 1996 HJ-53
03/28/96 House Debate adjourned until Tuesday, April 2, 1996 HJ-19
04/02/96 House Debate adjourned until Wednesday, April 3, 1996 HJ-13
04/03/96 House Amended HJ-14
04/03/96 House Read second time HJ-18
04/03/96 House Unanimous consent for third reading on next
legislative day HJ-18
04/04/96 House Read third time and returned to Senate with
amendments HJ-4
04/10/96 Senate House amendment amended SJ-5
04/10/96 Senate Returned to House with amendments SJ-5
04/17/96 House Non-concurrence in Senate amendment HJ-60
04/24/96 Senate Senate insists upon amendment and conference
committee appointed Sens. Holland, Matthews,
McConnell SJ-38
04/25/96 House Conference committee appointed Cromer, Hutson &
Fleming HJ-3
06/12/96 House Conference report received and adopted HJ-86
06/13/96 Senate Conference report received and adopted SJ-47
06/13/96 House Ordered enrolled for ratification HJ-20
06/26/96 Ratified R 530
08/21/96 Signed By Governor
08/21/96 Effective date 08/21/96
08/28/96 Copies available
08/28/96 Act No. 465
(A465, R530, S1101)
AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF
VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS
MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM
CONDUCTED BY THE STATE ELECTION COMMISSION; TO
AMEND SECTION 7-5-35, RELATING TO ELECTION AND
REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT
MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION
PROGRAM CONDUCTED BY THE STATE ELECTION
COMMISSION; TO AMEND SECTION 7-13-70, AS AMENDED,
RELATING TO THE APPOINTMENT OF COUNTY
COMMISSIONERS OF ELECTION AND MANAGERS OF
ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST
COMPLETE A TRAINING AND CERTIFICATION PROGRAM
CONDUCTED BY THE STATE ELECTION COMMISSION, TO
FURTHER DELETE PROVISIONS RELATING TO THE
APPOINTMENT OF MANAGERS; AND BY ADDING SECTION
7-13-72 SO AS TO PROVIDE FOR THE APPOINTMENT OF
MANAGERS AND CLERKS.
Be it enacted by the General Assembly of the State of South
Carolina:
Appointment of boards of registration, training
SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act
422 of 1988, is further amended to read:
"Section 7-5-10. Between the first day of January and the
fifteenth day of March in every even-numbered year the Governor shall
appoint, by and with the advice and consent of the Senate, not less than
three nor more than five competent and discreet persons in each county,
who are qualified electors of that county and who must be known as the
board of registration of __________ County. 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.
Members must complete, within eighteen months after their
appointment or reappointment, a training and certification program
conducted by the State Election Commission."
Combined election and registration commission, training
SECTION 2. Section 7-5-35 of the 1976 Code, as added by Act 253 of
1992, is amended to read:
"Section 7-5-35. If a county operates its elections through a
combined election and registration commission, the structure and
composition are not affected or changed by the provisions of this act.
However, the provisions for inclusion of majority and minority party
representatives upon the combined commission and upon the expanded
commission as constituted for primary elections and protests must be
applied to the combined commission, mutatis mutandis.
Commissioners must complete, within eighteen months after their
appointment or reappointment, a training and certification program
conducted by the State Election Commission."
Commissioners of election, training
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act
253 of 1992, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or
special elections provided for in Section 7-13-10, the Governor, at least
ninety days before the election, must appoint for each county not less
than three nor more than five commissioners of election upon the
recommendation of the senatorial delegation and at least half of the
members of the House of Representatives from the respective counties.
The Governor must notify the State Election Commission in writing of
the appointments. The State Election Commission must verify that at
least one of the appointees represents the largest political party and one
represents the second largest political party as determined by the
composition of that county's delegation in the General Assembly or the
makeup of the General Assembly as a whole if the county's delegation is
composed of only one party's members. The commissioners shall
continue in office until their successors are appointed and qualified. After
their appointment the commissioners must take and subscribe, before any
officer authorized to administer oaths, the following oath of office
prescribed by Section 26 of Article III of the Constitution: `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'.
The oath must be immediately filed 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.
Commissioners must complete, within eighteen months after their
appointment or reappointment, a training and certification program
conducted by the State Election Commission."
Managers of election
SECTION 4. The 1976 Code is amended by adding:
"Section 7-13-72. For the general election held on the first
Tuesday following the first Monday in November in each even-numbered
year, the commissioners of election must appoint three managers of
election for each polling place in the county for which they must
respectively be appointed for each five hundred electors, or portion of
each five hundred electors, registered to vote at the polling place.
For primary elections held on the second Tuesday in June of each
general election year, the commissioners of election must appoint three
managers of election for each polling place in the county for which they
must respectively be appointed for the first five hundred electors
registered to vote in each precinct in the county, and may appoint three
additional managers for each five hundred electors registered to vote in
the precinct above the first five hundred electors, or portion thereof. The
commissioners must also appoint from among the managers a clerk for
each polling place in the county, and none of the officers may be
removed from office except for incompetence or misconduct.
For all other primary, special, or municipal elections, the authority
charged by law with conducting the primary, special, or municipal
elections must appoint three managers of election for the first five
hundred electors registered to vote in each precinct in the county,
municipality, or other election district and one additional manager for
each five hundred electors registered to vote in the precinct above the
first five hundred electors. The authority responsible by law for
conducting the election must also appoint from among the managers a
clerk for each polling place in a primary, special, or municipal
election.
Forty-five days prior to any primary, except municipal primaries, each
political party holding a primary may submit to the county election
commission a list of prospective managers for each precinct. The county
election commission must appoint at least one manager for each precinct
from the list of names submitted by each political party holding a
primary. However, the county election commission may refuse to
appoint any prospective manager for good cause.
No person may be appointed as a manager in a primary, general, or
special election who has not completed a training program approved by
the State Election Commission concerning his duties and responsibilities
as a poll manager and who has not received certification of having
completed the training program. The training program and the issuance
of certification must be carried out by the county election commission.
After their appointment, the managers and clerks must take and
subscribe, before any officer authorized to administer oaths, the following
oath of office prescribed by Section 26 of Article III of the Constitution:
`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'.
The oath must be immediately filed in the office of the clerk of court
of common pleas of the county in which the managers and clerks are
appointed, or if there is no clerk of court, in the office of the Secretary
of State. Before opening the polls, the managers of election must take
and subscribe the oath provided for in Section 7-13-100. Upon the
completion of the canvassing of votes, this oath must be filed with the
commissioners of election along with the ballots from that election
precinct."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 21st day of August, 1996. |