H 3350 Session 111 (1995-1996)
H 3350 General Bill, By Knotts and Riser
Similar(H 3205)
A Bill to provide for the membership of the Board of Trustees of Lexington
County School District 1, to provide for a special election in 1995 for the
purpose of electing certain members of the Board to serve until 1998, to
provide for the manner in which and procedures under which these school
trustee elections shall be conducted, and to repeal Act 217 of 1993 relating
to the election of specified members of the Board.
01/24/95 House Introduced and read first time HJ-7
01/24/95 House Referred to delegation from Lexington HJ-7
03/07/96 Senate Recalled from delegation Lexington
A BILL
TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF
TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1,
TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE
PURPOSE OF ELECTING CERTAIN MEMBERS OF THE
BOARD TO SERVE UNTIL 1998, TO PROVIDE FOR THE
MANNER IN WHICH AND PROCEDURES UNDER WHICH
THESE SCHOOL TRUSTEE ELECTIONS SHALL BE
CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING
TO THE ELECTION OF SPECIFIED MEMBERS OF THE
BOARD.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Notwithstanding any other provision of law, the
Board of Trustees of Lexington County School District 1 consists of
seven members who, except for the 1995 special election, must be
elected in nonpartisan elections to be held at the same time as the
general election in even-numbered years beginning in 1996 in the
manner hereinafter provided. Each member of the board must be a
resident of the school district and shall be elected by the qualified
electors of the school district. Except for the members elected in the
1995 special election, members of the board shall be elected for
four-year terms and 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 six months of a regular trustee election. In this case,
the vacancy must be filled for the remainder of 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 the school district. All persons desiring to qualify as a
candidate shall file written notice of candidacy with the county
election commission, or with the clerk of court on forms furnished
by the commission which forms must be transmitted to the
commission by the clerk of court. 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 school
district and other information as the county election commission
requires. The filing period opens on the first Tuesday in September
at noon to run for two weeks.
The county commissioners of election 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 commission shall publish notices of the time, polling places,
and purpose of the election in a newspaper of general circulation
within the district once a week for at least two successive weeks
before the election. The results of the elections must be determined
by the nonpartisan plurality method as contained in Section 5-15-61
of the 1976 Code. The expenses of the election must be paid by
the district. 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.
SECTION 2. Three members of the board of trustees of
Lexington County School District 1 shall be elected in 1995 in a
special election to be held on May 2, 1995, if the United States
Department of Justice has precleared this special election under the
federal voting rights act by the date the filing period opens in April
as hereinafter provided, or if a court of competent jurisdiction has
authorized this special election by this date. If the United States
Department of Justice has not precleared this special election under
the federal voting rights act by the date the filing period opens in
April, or if a court of competent jurisdiction has not authorized this
special election by this date, this special election must be held on
the second Tuesday in September of 1995. These members shall be
elected to fill the seats occupied by the three present members of
the board whose terms were scheduled to expire in 1994, but who
now serve in a holdover capacity because the 1994 election to elect
their successors was enjoined by a court of competent jurisdiction.
This special election must be conducted by the county election
commission in the same manner provided in Section 1 of this act
and the procedures therein provided apply to this special election
mutatis mutandis, except that the filing period for this special
election opens on the first Tuesday in April at noon to run for two
weeks if the United States Department of Justice has precleared this
special election under the federal voting rights act by this date, or if
a court of competent jurisdiction has authorized this special election
by this date. If such is not the case, the filing period for this
special election opens on the first Tuesday in August at noon to run
for two weeks.
The three present members of the board serving in a holdover
capacity shall serve until the three members elected in this 1995
special election qualify and take office, at which time these
holdover members shall cease being members of the board. The
members of the board elected at this special election in 1995 shall
serve until their successors are elected in the 1998 election and
qualify and take office, at which time their terms shall expire.
SECTION 3. Act 217 of 1993 is repealed.
SECTION 4. This act takes effect upon approval by the
Governor.
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