S*1136(Rat #0301, Act #0398 of 2004)  General Bill, By Leventis and Land
 AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED,
 BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF
 TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY
 AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY
 ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION. - ratified
 title

   04/07/04  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-6
   04/07/04  Senate Unanimous consent for second and third readings
                     on next two consecutive legislative days SJ-6
   04/08/04  Senate Read second time
   04/08/04         Scrivener's error corrected
   04/12/04  Senate Read third time and sent to House SJ-1
   04/13/04  House  Introduced and read first time HJ-18
   04/13/04  House  Referred to Sumter Delegation HJ-18
   04/21/04  House  Recalled from Sumter Delegation HJ-27
   04/22/04  House  Read second time HJ-36
   04/22/04  House  Unanimous consent for third reading on next
                     legislative day HJ-37
   04/23/04  House  Read third time and enrolled HJ-1
   05/06/04         Ratified R 301
   05/11/04         Signed By Governor
   05/14/04         Copies available
   05/14/04         Effective date 05/11/04
   10/20/04         Act No. 398

(A398, R301, S1136)

AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED, BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION.

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

Filing date changed

SECTION    1.    Section 1 of Act 741 of 1990, as last amended by Section 3 of Act 620 of 1992, is further amended to read:

"Section 1.    Beginning with the 1992 election, the Board of Trustees of Sumter County School District 17 consists of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2 of Act 741 of 1990. At the first meeting of the board after members of the board are elected at the regularly scheduled election in even-numbered years, the members of the board shall elect a chairman and other officers they consider necessary to serve terms of two years each in these capacities. Any member may be reelected to an office of the board. The seven members of the board must be elected to the board in a nonpartisan election to be conducted at the same time as the 1992 general election for terms of office of four years each; however, the three members elected in 1992 from Districts 2, 4, and 6 shall serve initial terms of two years each. Their successors must be elected in a nonpartisan election to be conducted at the same time as the general election four or two years thereafter, respectively, as the case may be, for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the Registration and Elections Commission by twelve o'clock noon on August fifteenth or, if August fifteenth falls on a Saturday or Sunday, by twelve o'clock noon on the following Monday. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the Registration and Elections Commission requires.

The county commissioners of registration and elections shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

The current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire."

Filing date changed

SECTION    2.    Section 1 of Act 620 of 1992 is amended to read:

"Section 1.    (A)    Beginning with the 1992 election, the Board of Trustees of Sumter County School District 2 consists of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2 of this act. At the first meeting of the board after members of the board are elected at the regularly scheduled election in even-numbered years, the members of the board shall elect a chairman and other officers they consider necessary to serve terms of two years each in these capacities. Any member may be reelected to an office of the board. In the 1992 election, members of the board must be elected from Districts 1, 2, 3, and 5. The members from Districts 1, 2, and 3 shall be elected for four-year terms and the member elected from District 5 shall be elected for a two-year term. Thereafter, their successors must all be elected for four-year terms. The present members of the board who reside respectively in newly created Districts 4, 6, and 7 shall continue to be members of the board representing these respective districts until 1994, at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the Registration and Elections Commission by twelve o'clock noon on August fifteenth or, if August fifteenth falls on a Saturday or Sunday, by twelve o'clock noon the following Monday. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the Registration and Elections Commission requires.

The county commissioners of registration and elections shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

Except for those present members of the board from newly created Districts 4, 6, and 7 who shall continue to serve until 1994 as provided by this subsection (A), and except for the at-large member who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.

(B)    In addition to the seven members of the board provided for in subsection (A), the present member of the board elected at-large shall continue to serve on the board as its eighth member until the 1994 election, at which time this at-large seat shall be eliminated."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2004.

Approved the 11th day of May, 2004.