S*0867(Rat #0719, Act #0792 of 1988)  General Bill, By W.R. Lee, Russell and 
H.C. Smith
 A Bill to provide for the election of members of the County Board of Education
 for Spartanburg County, provide for the terms of office, staggering of terms,
 method by which candidates' names may be placed on the ballot, and for filling
 of vacancies; and to amend Act 612 of 1984, as amended, relating to the method
 of conducting an election for trustees of the School District of Spartanburg
 County, so as to authorize the County Board of Education to fill vacancies in
 the Boards and to authorize the Board to contract to purchase and hold real
 and personal property.-amended title

   06/04/87  Senate Introduced and read first time SJ-2814
   06/04/87  Senate Referred to delegation from Spartanburg SJ-2814
   03/15/88  Senate Recalled from delegation Spartanburg SJ-69
   03/16/88  Senate Read second time SJ-13
   03/16/88  Senate Unanimous consent for third reading on next
                     legislative day SJ-13
   03/17/88  Senate Read third time and sent to House SJ-18
   03/22/88  House  Introduced and read first time HJ-2194
   03/22/88  House  Referred to delegation from Spartanburg HJ-2194
   05/26/88  House  Delegation report: Favorable with amendment
                     Spartanbur HJ-4107
   05/26/88  House  Amended HJ-4108
   05/26/88  House  Read second time HJ-4109
   05/26/88  House  Unanimous consent for third reading on next
                     legislative day HJ-4109
   05/27/88  House   Read third time HJ-4257
   05/27/88  House  Returned HJ-4257
   05/30/88  Senate Concurred in House amendment and enrolled SJ-28
   06/01/88         Ratified R 719
   06/02/88         Signed By Governor
   06/02/88         Effective date 06/02/88
   06/02/88         Act No. 792
   06/17/88         Copies available

AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO FILL VACANCIES IN THE BOARDS AND TO AUTHORIZE THE BOARD TO CONTRACT TO PURCHASE AND HOLD REAL AND PERSONAL PROPERTY.

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

Election of members of county board of education

SECTION 1. (A) Beginning with the election held on the first Tuesday following the first Monday in November of 1989, and every odd-numbered year thereafter, the members of the Spartanburg County Board of Education must be elected in a nonpartisan election by the qualified electors who elect members of the two school districts. The applicable laws governing elections in this State apply to the election of members, mutatis mutandi. The county commissioners of election shall prepare the necessary ballots, appoint managers for the voting precincts in the county and do all things necessary to carry out the election. The district must pay from its school funds the cost of the election. The managers shall report the results to the county commissioners of election who shall declare its results and hear, pass, and decide on any contest. The decision of the commissioners of election may be appealed to a court of competent jurisdiction.

(B) Terms of office of the members of the board expire in the following manner and each member shall run for election as provided in this act. The members whose terms expire in 1988 and 1990 are extended for one year in which they expire. After November 1995, all members must be elected under the provisions of this act. All terms of office begin December first of the year following the election. Any member of the board may succeed himself.

(C) To place the name of a candidate on the ballot, qualified electors of the county shall file with the Spartanburg County Election Commission, not less than sixty days before the date of the election, a petition which must contain the names of qualified electors of a number equal to not less than three hundred percent of the total number of electors of the district, whichever is the lesser.

(D) If a vacancy occurs and it is more than one hundred eighty days prior to the election of board members, a special election must be conducted by the county commissioners of election to fill the vacancy as provided in this act. If there is less than one hundred eighty days prior to the election of board members when the vacancy occurs, no special election may be called, and the vacancy must be filled at the time of the election of board members.

Filling vacancies

SECTION 2. Section 1 of Act 612 of 1984, as last amended by Act 617 of 1986, is amended by adding:

"(E) The county board of education shall fill any vacancy in the governing body of any school district."

Board may contract to purchase and hold real and personal property

SECTION 3. The Spartanburg County Board of Education is authorized to contract, to the extent of its school fund, to purchase and hold real and personal property as it may have or come into possession of, by will or other means.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.