H*4197 Session 108 (1989-1990)
H*4197(Rat #0334, Act #0716 of 1990) General Bill, By J.M. White
A Bill to amend Act 589 of 1986, relating to the Board of Education for
Beaufort County, so as to delete provisions relating to filling a vacancy when
the remainder of the term exceeds twenty-six months, provide that the office
must be filled by appointment by the Governor upon the recommendation of a
majority of the legislative delegation representing Beaufort County if the
unexpired term is twelve months or less, and provide a procedure for
conducting a special election to fill a vacancy when the remainder of the
unexpired term is more than twelve months.-amended title
10/18/89 House Prefiled
10/18/89 House Referred to delegation from Beaufort
01/09/90 House Introduced and read first time HJ-39
01/09/90 House Referred to delegation from Beaufort HJ-39
01/10/90 House Delegation report: Favorable with amendment
Beaufort HJ-21
01/10/90 House Amended HJ-22
01/10/90 House Read second time HJ-24
01/10/90 House Unanimous consent for third reading on next
legislative day HJ-25
01/11/90 House Read third time and sent to Senate HJ-26
01/11/90 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-15
01/11/90 Senate Unanimous consent for second reading on next
legislative day SJ-15
01/12/90 Senate Read second time SJ-2
01/16/90 Senate Amended SJ-66
01/16/90 Senate Read third time and returned to House with
amendments SJ-69
01/24/90 House Concurred in Senate amendment and enrolled HJ-53
01/30/90 Ratified R 334
01/31/90 Signed By Governor
01/31/90 Effective date 01/31/90
01/31/90 Act No. 716
02/13/90 Copies available
(A716, R334, H4197)
AN ACT TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION
FOR BEAUFORT COUNTY, SO AS TO DELETE PROVISIONS RELATING TO FILLING A
VACANCY WHEN THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS,
PROVIDE THAT THE OFFICE MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR
UPON THE RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION
REPRESENTING BEAUFORT COUNTY IF THE UNEXPIRED TERM IS TWELVE MONTHS OR
LESS, AND PROVIDE A PROCEDURE FOR CONDUCTING A SPECIAL ELECTION TO
FILL A VACANCY WHEN THE REMAINDER OF THE UNEXPIRED TERM IS MORE THAN
TWELVE MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
Election of board members
SECTION 1. Section 1 of Act 589 of 1986 is amended to read:
"Section 1. (A) The members of the Board of Education
of Beaufort County must be elected in nonpartisan elections in the
general election and shall serve terms of four years and until their
successors are elected and qualify. The term of a member commences on
January first next following his election.
(B) Notice of the general election must be published by the
Beaufort County Election Commission in a newspaper of general
circulation in the districts from which members of the board are
elected, and the notice must contain appropriate information
concerning the election. The notice must be published not earlier
than one hundred fifty days and not later than one hundred twenty days
before the date of the election.
(1) To have his name placed on the ballot as a candidate
in the general election, a person shall submit to the county election
commission a petition which, notwithstanding the provisions of Section
7-11-70 of the 1976 Code, must contain the signatures of at least two
and one-half percent of the qualified registered electors of the
district.
(2) The name of the candidate, if he is otherwise
qualified, must be placed upon the ballot by the authority charged by
law with preparing the ballot if the petition is submitted, as
required by this section, not later than twelve o'clock noon on August
first immediately preceding the date of the election or, if August
first falls on Sunday, not later than twelve o'clock noon on the
following Monday. The Beaufort County Board of Voter Registration
shall check the petition at the request of the authority charged with
preparing the ballot and shall certify the results to that authority
not later than twelve o'clock noon on September first immediately
preceding the date of the election or, if September first falls on
Sunday, not later than twelve o'clock noon on the following Monday.
Once submitted for verification, the petition may not be returned to
the petitioner but must be retained by the authority to whom it was
submitted and becomes a part of the public records of the election for
which it was submitted.
(C) If a vacancy occurs on the board and the unexpired term is
twelve months or less, the office must be filled by appointment by the
Governor upon the recommendation of a majority of the legislative
delegation representing Beaufort County. If the unexpired term is
more than twelve months, a special election must be conducted to fill
the vacancy. The board, by the first Tuesday after the vacancy
occurs, shall notify the Beaufort County Election Commission of the
vacancy. Notice of the special election must be published by the
Beaufort County Election Commission in a newspaper of general
circulation in the district from which the vacancy is to be filled and
the notice must contain appropriate information concerning the
election. The notice must be published not later than the second
Tuesday after the vacancy occurs. To have his name placed on the
ballot as a candidate in the special election, a person shall submit
to the county election commission a petition which, notwithstanding
the provisions of Section 7-11-70 of the 1976 Code, must contain the
signatures of at least two and one-half percent of the qualified
registered electors of the district. The name of the candidate, if he
is otherwise qualified, must be placed upon the special election
ballot if the petition is submitted not later than twelve o'clock noon
on the eighth Tuesday after the vacancy occurs. The Beaufort County
Board of Voter Registration shall check the petition at the request of
the authority charged with preparing the ballot and certify the
results to that authority not later than twelve o'clock noon on the
tenth Tuesday after the vacancy occurs. Once submitted for
verification, the petition may not be returned to the petitioner but
must become a part of the public record of the special election. The
special election must be set for the seventeenth Tuesday after the
vacancy occurs. If any of the days dealing with the special election
fall on a holiday, then the required date is set as the next normal
working day. If a vacancy occurs in more than one office requiring
separate special elections to be held within twenty-eight days under
the provisions of this act, the authority responsible for the conduct
of the special election shall conduct all of the special elections on
the same date. The special elections must be held on the latest date
required for a special election during the twenty-eight day
period."
Applicability of provisions
SECTION 2. The provisions of this act apply to a vacancy existing
on or after the effective date of this act.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 31st day of January, 1990.
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