Bill 407

                    Current Status

Bill Number:               407
Ratification Number:       379
Act Number                 313
Introducing Body:          Senate
Subject:                   Relating to the election of members of
                           county councils and reapportionment of
                           single-member election districts

(A313, R379, S407)

AN ACT TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCILS AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO TRANSFER THE AUTHORITY TO REAPPORTION SUCH DISTRICTS FROM THE GENERAL ASSEMBLY TO THE RESPECTIVE COUNTY COUNCILS AND TO AMEND SECTION 4-9-10, AS AMENDED, RELATING TO REFERENDUMS TO DETERMINE THE FORM OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT IN ANY REFERENDUM THE QUALIFIED ELECTORS SHALL BE GIVEN AN ALTERNATIVE TO EITHER RETAIN THE EXISTING FORM OF GOVERNMENT, THE NUMBER OF COUNCIL MEMBERS, OR THE METHOD OF ELECTION OR TO CHANGE ANY OF SUCH FORMS OR METHODS.

Be it enacted by the General Assembly of the State of South Carolina:

Members to be elected from single-member election districts

Section 1. The first paragraph of Section 4-9-90 of the 1976 Code, as last amended by Act 300 of 1980, is further amended to read:

"Council members shall be elected from defined single-member election districts unless otherwise determined under the provisions of subsections (a), (b) or (c) of Section 4-9-10. In the event that the members of the governing body are required to be elected from defined single-member election districts, they shall be elected by the qualified electors of the district in which they reside. All districts shall be reapportioned as to population by the county council within a reasonable time prior to the next scheduled general election which follows the adoption by the State of each federal decennial census. The population variance between defined election districts shall not exceed ten percent."

Terms

Section 2. Any council member who is serving a four-year term in a district that has been reapportioned and whose term does not expire until two years after reapportionment becomes effective shall be allowed to continue to serve the balance of his unexpired term representing the people in the new reapportioned district if he is an elector in such reapportioned district. In the event that two or more council members, because of reapportionment, become electors in the same district, an election shall then be required. Provided, however, that if any seat should become vacant after election districts have been reapportioned but prior to the expiration of the incumbent's term of office due to death, resignation, removal, or any other cause, the resulting vacancy shall be filled under the new reapportionment plan in the manner provided by law for the district that has the same district number as the district from which the council member whose office is vacant was elected. For the purpose of this section, a council member will be deemed a resident of the district he represents as long as he resides in any part of the district as constituted at the time of his election.

Method of election, terms, etc.

Section 3. Subsection (c) of Section 4-9-10 of the 1976 Code, as last amended by Act 300 of 1980, is further amended to read:

"(c) After the initial form of government and the number and method of election of county council including the chairman has been adopted and selected, the adopted form, number, and method of election shall not be changed for a period of two years from the date such form becomes effective and then only as a result of a referendum as hereinafter provided for. Referendums may be called by the governing body or upon petition of not less than ten percent of the registered electors of the county. Petitions shall be certified as valid or rejected by the county board of registration within sixty days after they have been delivered to the board and, if certified, shall be filed with the governing body which shall provide for a referendum not more than ninety days thereafter. If more than one petition is filed within the time allowed for such filing, the petition bearing the largest number of signatures of registered electors shall be the proposal presented, in the manner set forth hereinafter. Referendums shall be conducted by the county election commission and may be held in a general election or in a special election as determined by the governing body. No change to an alternate form of government, different number of council members, or method of election of council including the chairman as a result of a referendum shall become effective unless such proposed form receives a favorable vote of a majority of those persons voting in a referendum. In any referendum, the question voted upon, whether it be to change the form of government, number of council members, or methods of election, shall give the qualified electors an alternative to retain the existing form of government, number of council members, or method of election or change to one other designated form, number, or method of election. After a referendum has been held and whether or not a change in the form results therefrom no additional referendums shall be held for a period of four years.

If the governing body of the county as initially or subsequently established pursuant to a referendum or otherwise shall be declared to be illegal and not in compliance with state and federal law by a court of competent jurisdiction, the General Assembly shall have the right to prescribe the form of government, the method of election, and the number and terms of council members but may submit to the qualified electors by referendum a question as to their wishes with respect to any element thereof which question shall include as an option the method of election in effect at the time of the referendum."

Time effective

Section 4. This act shall take effect upon the approval by the Governor.