H*3404(Rat #0152, Act #0174 of 1999)  General Bill, By W. McLeod and Scott
 A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE
 COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION
 BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS
 CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO
 PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; TO PROVIDE FOR THE
 TERMS OF THE MEMBERS SO ELECTED; AND TO REPEAL ACT 453 OF 1998 RELATING TO
 ADDING TWO ADDITIONAL MEMBERS TO THE ALLENDALE COUNTY BOARD OF EDUCATION TO
 SERVE FOR TERMS TO EXPIRE IN THE YEAR 2000 WHEN THEIR SUCCESSORS ARE ELECTED
 AS THE GENERAL ASSEMBLY PROVIDES BY LAW.-AMENDED TITLE

   01/28/99  House  Introduced and read first time HJ-10
   01/28/99  House  Referred to Committee on Judiciary HJ-10
   03/31/99  House   Rep. Cave-original sponsor; no longer a member;
                     Walt McLeod now prime sponsor HJ-20
   04/21/99  House  Committee report: Favorable Judiciary HJ-70
   04/27/99  House  Requests for debate-Rep(s). Leach, Vaughn,
                     Loftis, Davenport, Hamilton, Whipper, Fleming,
                     Clyburn and Scott HJ-22
   04/28/99  House  Requests for debate removed-Rep(s). Scott,
                     Vaughn, Loftis and Leach HJ-38
   04/29/99  House  Requests for debate removed-Rep(s). Whipper and
                     Davenport HJ-30
   04/29/99  House  Read second time HJ-30
   04/29/99  House  Unanimous consent for third reading on next
                     legislative day HJ-30
   04/30/99  House  Read third time and sent to Senate HJ-3
   05/04/99  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-8
   05/06/99  Senate Read second time SJ-14
   05/06/99  Senate Ordered to third reading with notice of
                     amendments SJ-14
   05/26/99  Senate Read third time and enrolled SJ-19
   05/27/99  Senate  Recalled from Legislative Council SJ-23
   05/27/99  Senate Reconsidered SJ-23
   05/28/99  Senate Amended SJ-139
   05/28/99  Senate Read third time and returned to House with
                     amendments SJ-139
   06/03/99  House  Concurred in Senate amendment and enrolled HJ-38
   06/09/99         Ratified R 152
   06/16/99         Became law without Governor's signature
   06/16/99         Effective date 06/16/99
   07/01/99         Copies available
   08/16/99         Act No. 174

AN ACT TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED; AND TO REPEAL ACT 453 OF 1998 RELATING TO ADDING TWO ADDITIONAL MEMBERS TO THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN THE YEAR 2000 WHEN THEIR SUCCESSORS ARE ELECTED AS THE GENERAL ASSEMBLY PROVIDES BY LAW.

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

County board of education; nonpartisan elections; election procedures

SECTION 1. Notwithstanding any other provision of law, beginning with the 2000 election, the members of the Allendale County Board of Education, which shall consist of five members, must be elected in a nonpartisan election to be held at the same time as the general election in even-numbered years. One member must be elected from and be a resident of each of the election districts from which members of the county council are elected. Members shall serve terms of four years, until their successors are elected and qualify. If a vacancy on the board occurs 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 board election. If the vacancy occurs within ten months of a regular board election, 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 the district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election 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 as provided in Section 7-13-352 of the 1976 Code. 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 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 elections in the same manner provided in Section 7-13-35 of the 1976 Code.

The members of each 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 board has all the powers, duties, and responsibilities as prescribed in Section 59-15-10 of the 1976 Code and as otherwise provided by law.

Members' terms

SECTION 2. The terms of the members of the Allendale County Board of Education serving on this act's effective date terminate at such time as the members of the board elected in 2000 take office pursuant to Section 1 of this act.

Of the members elected pursuant to Section 1 of this act, those representing Districts 2 and 4 shall serve initial terms of two years, and those representing Districts 1, 3, and 5 shall serve initial terms of four years. Thereafter, all members shall be elected for four-year terms.

Repeal

SECTION 3. Act 453 of 1998 is repealed.

Time effective

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

Ratified the 9th day of June, 1999.

Became law without the signature of the Governor -- 6/16/99.