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

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.