S*1063 Session 112 (1997-1998)
S*1063(Rat #0297, Act #0489 of 1998) General Bill, By Martin and Alexander
A BILL TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO
NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR
RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS' AFFAIRS FOR APPOINTMENT AS
PICKENS COUNTY VETERANS AFFAIRS OFFICER.
02/24/98 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-7
02/24/98 Senate Unanimous consent for second reading on next
legislative day SJ-7
02/24/98 Senate Unanimous consent for third reading on next
legislative day SJ-7
02/25/98 Senate Read second time SJ-1
02/26/98 Senate Read third time and sent to House SJ-19
03/02/98 House Introduced, read first time, placed on calendar
without reference HJ-3
03/10/98 House Debate adjourned until Wednesday, March 11, 1998 HJ-13
03/11/98 House Debate adjourned until Wednesday, March 12, 1998 HJ-18
03/12/98 House Read second time HJ-16
03/12/98 House Unanimous consent for third reading on next
legislative day HJ-17
03/13/98 House Read third time and enrolled HJ-1
04/01/98 Ratified R 297
04/08/98 Became law without Governor's signature
04/08/98 Effective date 04/08/98
05/06/98 Copies available
09/14/98 Act No. 489
(A489, R297, S1063)
AN ACT TO PROVIDE FOR AN ADVISORY ELECTION
AMONG PICKENS COUNTY VETERANS TO NOMINATE A
CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE
DELEGATION FOR RECOMMENDATION TO THE STATE
DIRECTOR OF VETERANS AFFAIRS FOR APPOINTMENT AS
PICKENS COUNTY VETERANS AFFAIRS OFFICER.
Be it enacted by the General Assembly of the State of South Carolina:
Election of veterans affairs officer
SECTION 1. (A) The Pickens County Veterans Affairs Officer
shall be appointed by the State Director of Veterans Affairs, subject to the
recommendation of a majority of the Senators representing Pickens
County and a majority of the House members representing Pickens
County.
(B) The Pickens County Veterans Affairs Officer shall serve for a
term of two years and until his successor is appointed and qualifies and
shall be subject to removal by a majority of the Senators representing
Pickens County and a majority of the House members representing
Pickens County. The term of office shall begin on July 1 of each
odd-numbered year.
(C) Beginning in the year 2001, on the second Saturday in May and
every four years thereafter, the Pickens County Registration and Elections
Commission shall conduct an advisory election among the veterans in
Pickens County to nominate a candidate to the county legislative
delegation for recommendation for appointment as Pickens County
Veterans Affairs Officer. The county legislative delegation shall consider
the person nominated in the advisory election and, prior to making its
recommendation, may consider any otherwise qualified person.
(D)(1) In the case of a vacancy in the office of Pickens County
Veterans Affairs Officer, the vacancy shall be filled in the same manner
as original appointment for the remainder of the term, except as provided
in item (2).
(2) If the vacancy occurs more than one year before the next
scheduled advisory election as provided in subsection (C), a special
advisory election shall be held to nominate a candidate to the county
legislative delegation for recommendation for appointment as Pickens
County Veterans Affairs Officer. The special advisory election shall be
conducted in the same manner as a regular advisory election and shall be
held on the first Saturday occurring not less than ninety days after the
vacancy occurs. The Pickens County Registration and Elections
Commission shall designate a period of two weeks within which
statements of candidacy shall be filed prior to the advisory election. The
county legislative delegation shall make a recommendation for a person
to serve as Pickens County Veterans Affairs Officer on an interim basis
until a candidate is appointed after the special advisory election is
conducted.
(E)(1) All candidates for the advisory election shall file a statement
of candidacy with the Pickens County Registration and Elections
Commission during normal working hours (8:30 a.m. to 5:00 p.m.) during
the period beginning on the fourth Monday in March and ending on the
second Friday after the fourth Monday in March. Each candidate shall
pay a filing fee equal to one percent of one year's salary for the office for
the fiscal year in effect at the time the statement of candidacy is filed.
(2) A candidate in the advisory election provided by this act is
deemed a candidate within the meaning of Section 8-13-1300(4), for
purposes of Article 13, Chapter 13, Title 8, Code of Laws of South
Carolina, 1976, relating to campaign practices.
(F) All veterans residing in Pickens County who have an honorable
discharge shall be eligible to file as a candidate and to vote in the advisory
election. Evidence of honorable discharge or general discharge under
honorable conditions shall be provided by presentation of:
(1) a DD 214 or discharge certificate;
(2) a Veterans Administration identification card;
(3) an American Legion membership card;
(4) a Disabled American Veterans membership or identification
card;
(5) a Veterans of Foreign Wars membership or identification
card;
(6) an official identification card showing that the person has
retired from the military; or
(7) any other document which shows honorable service or
general discharge under honorable conditions.
(G) Each person attempting to vote shall sign the form normally
used to account for persons who have voted in an election and also shall
sign the following oath:
"I, ____________, swear or affirm that I am a veteran of the
United States Armed Forces and that I received an honorable
discharge from service and that I have not previously voted in this
election."
The oath may be included on the form used to account for persons
voting or may be included on a separate form, as determined by the
Registration and Elections Commission.
(H)(1) The polling places for the advisory election required by this
act shall be school sites in the following communities: Dacusville,
Easley, Six Mile-Central-Clemson, Liberty, and Pickens.
(2) The polling hours for the advisory election shall begin at 8:00
a.m. and end at 6:00 p.m.
(I) At the discretion of the Registration and Elections Commission,
members of veterans organizations may assist the commission in holding
the election on a volunteer basis. Any volunteer shall sign a sworn
statement that he or she shall not attempt in any manner whatsoever to
influence the vote of any qualified person voting. All volunteers shall
take the following oath:
"I, _____________, being under oath do hereby solemnly
swear that in the execution of my duties as a volunteer in assisting
in the advisory election for Pickens County Veterans Affairs
Officer, I will not in any manner whatsoever attempt to influence
the vote of any voter and that I will to the best of my ability carry
out the assignment."
(J) At the conclusion of the election, the Registration and Elections
Commission shall count the ballots and shall certify the results to the
county legislative delegation within five days. Any question relating to
the election shall be referred to the commission.
(K) The monies derived from the filing fee shall be used to cover the
costs of the election. Any costs not covered by the filing fee shall be paid
by the Pickens County Council. Any monies in excess of the amount
necessary to cover the election shall be rebated to the candidates on a pro
rata basis. If only one candidate pays a filing fee, upon the conclusion of
the filing period, the commission shall refund the filing fee to the
candidate and forward the candidate's name to the county legislative
delegation.
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Became law without the signature of the Governor -- 04/08/98.
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