S*1101(Rat #0530, Act #0465 of 1996)  General Bill, By Holland
 A Bill to amend Section 7-5-10, Code of Laws of South Carolina, 1976, relating
 to appointment and removal of members of boards of voter registration, so as
 to provide that members must complete a training and certification program
 conducted by the State Election Commission; to amend Section 7-5-35, relating
 to election and registration commissions, so as to provide that members must
 complete a training and certification program conducted by the State Election
 Commission; to amend Section 7-13-70, relating to the appointment of county
 commissioners of election and managers of election, so as to provide that
 commissioners must complete a training and certification program conducted by
 the State Election Commission, to further delete provisions relating to the
 appointment of managers; and by adding Section 7-13-72, so as to provide for
 the appointment of managers and clerks.-amended title

   02/06/96  Senate Introduced and read first time SJ-170
   02/06/96  Senate Referred to Committee on Judiciary SJ-170
   02/21/96  Senate Committee report: Favorable Judiciary SJ-12
   02/22/96  Senate Read second time SJ-16
   02/22/96  Senate Ordered to third reading with notice of
                     amendments SJ-16
   02/27/96  Senate Read third time and sent to House SJ-24
   02/28/96  House  Introduced and read first time HJ-4
   02/28/96  House  Referred to Committee on Judiciary HJ-5
   03/20/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-11
   03/27/96  House  Debate adjourned until Thursday, March 28, 1996 HJ-53
   03/28/96  House  Debate adjourned until Tuesday, April 2, 1996 HJ-19
   04/02/96  House  Debate adjourned until Wednesday, April 3, 1996 HJ-13
   04/03/96  House  Amended HJ-14
   04/03/96  House  Read second time HJ-18
   04/03/96  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   04/04/96  House  Read third time and returned to Senate with
                     amendments HJ-4
   04/10/96  Senate House amendment amended SJ-5
   04/10/96  Senate Returned to House with amendments SJ-5
   04/17/96  House  Non-concurrence in Senate amendment HJ-60
   04/24/96  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Holland, Matthews,
                     McConnell SJ-38
   04/25/96  House  Conference committee appointed Cromer, Hutson &
                     Fleming HJ-3
   06/12/96  House  Conference report received and adopted HJ-86
   06/13/96  Senate Conference report received and adopted SJ-47
   06/13/96  House  Ordered enrolled for ratification HJ-20
   06/26/96         Ratified R 530
   08/21/96         Signed By Governor
   08/21/96         Effective date 08/21/96
   08/28/96         Copies available
   08/28/96         Act No. 465

AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND BY ADDING SECTION 7-13-72 SO AS TO PROVIDE FOR THE APPOINTMENT OF MANAGERS AND CLERKS.

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

Appointment of boards of registration, training

SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 422 of 1988, is further amended to read:

"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

Combined election and registration commission, training

SECTION 2. Section 7-5-35 of the 1976 Code, as added by Act 253 of 1992, is amended to read:

"Section 7-5-35. If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

Commissioners of election, training

SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."

Managers of election

SECTION 4. The 1976 Code is amended by adding:

"Section 7-13-72. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place.

For primary elections held on the second Tuesday in June of each general election year, the commissioners of election must appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners must also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct.

For all other primary, special, or municipal elections, the authority charged by law with conducting the primary, special, or municipal elections must appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election must also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election.

Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause.

No person may be appointed as a manager in a primary, general, or special election who has not completed a training program approved by the State Election Commission concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the managers and clerks must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the managers and clerks are appointed, or if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election must take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 21st day of August, 1996.