S*407 Session 104 (1981-1982)
S*0407(Rat #0370, Act #0313 of 1982) General Bill, By Senate Judiciary
A Bill to amend Section 4-9-90, as amended, Code of Laws of South Carolina,
1976, relating to the election of members of county councils and
reapportionment of single member election districts, so as to transfer the
authority to reapportion such districts from the General Assembly to the
respective county councils and to amend Section 4-9-10, as amended, relating
to referendums to determine the form of county government, so as to provide
that in any referendum the qualified electors shall be given an alternative to
either retain the existing form of government, the number of council members,
or the method of election or to change any of such forms or methods.-at
04/08/81 Senate Introduced, read first time, placed on calendar
without reference SJ-16
04/09/81 Senate Read second time SJ-25
04/14/81 Senate Read third time and sent to House SJ-17
04/15/81 House Introduced and read first time HJ-1858
04/15/81 House Referred to Committee on Judiciary HJ-1858
06/02/81 House Committee report: Favorable with amendment
Judiciary HJ-2749
06/11/81 House Debate adjourned HJ-3203
06/16/81 House Debate adjourned HJ-3224
06/17/81 House Objection HJ-3258
07/17/81 House Debate adjourned HJ-3987
08/04/81 House Debate adjourned HJ-4100
08/24/81 House Amended HJ-4646
08/24/81 House Debate interrupted HJ-4655
09/16/81 House Debate adjourned HJ-4700
03/11/82 House Special order, set for Tues., Mar. 16, 1982 at
12:30 p.m. (Under H-3691) HJ-1377
03/16/82 House Amended HJ-1417
03/16/82 House Read second time HJ-1421
03/17/82 House Read third time HJ-1445
03/17/82 House Returned HJ-1445
03/18/82 Senate House amendment amended SJ-44
03/18/82 Senate Returned SJ-45
03/23/82 House Concurred in Senate amendment and enrolled HJ-1538
03/23/82 Senate Ratified R 370 SJ-6
03/24/82 Signed By Governor
03/24/82 Effective date 03/24/82
03/24/82 Act No. 313
04/02/82 Copies available
(A313, R379, S407)
AN ACT TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCILS AND REAPPORTIONMENT
OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO TRANSFER THE AUTHORITY TO
REAPPORTION SUCH DISTRICTS FROM THE GENERAL ASSEMBLY TO THE RESPECTIVE COUNTY
COUNCILS AND TO AMEND SECTION 4-9-10, AS AMENDED, RELATING TO REFERENDUMS TO
DETERMINE THE FORM OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT IN ANY
REFERENDUM THE QUALIFIED ELECTORS SHALL BE GIVEN AN ALTERNATIVE TO EITHER
RETAIN THE EXISTING FORM OF GOVERNMENT, THE NUMBER OF COUNCIL MEMBERS, OR THE
METHOD OF ELECTION OR TO CHANGE ANY OF SUCH FORMS OR METHODS.
Be it enacted by the General Assembly of the State of South Carolina:
Members to be elected from single-member election districts
Section 1. The first paragraph of Section 4-9-90 of the 1976 Code, as last amended by Act 300 of 1980, is
further amended to read:
"Council members shall be elected from defined single-member election districts unless otherwise
determined under the provisions of subsections (a), (b) or (c) of Section 4-9-10. In the event that the members
of the governing body are required to be elected from defined single-member election districts, they shall be
elected by the qualified electors of the district in which they reside. All districts shall be reapportioned as to
population by the county council within a reasonable time prior to the next scheduled general election which
follows the adoption by the State of each federal decennial census. The population variance between defined
election districts shall not exceed ten percent."
Terms
Section 2. Any council member who is serving a four-year term in a district that has been reapportioned and
whose term does not expire until two years after reapportionment becomes effective shall be allowed to continue
to serve the balance of his unexpired term representing the people in the new reapportioned district if he is an
elector in such reapportioned district. In the event that two or more council members, because of reapportionment,
become electors in the same district, an election shall then be required. Provided, however, that if any seat should
become vacant after election districts have been reapportioned but prior to the expiration of the incumbent's term
of office due to death, resignation, removal, or any other cause, the resulting vacancy shall be filled under the new
reapportionment plan in the manner provided by law for the district that has the same district number as the
district from which the council member whose office is vacant was elected. For the purpose of this section, a
council member will be deemed a resident of the district he represents as long as he resides in any part of the
district as constituted at the time of his election.
Method of election, terms, etc.
Section 3. Subsection (c) of Section 4-9-10 of the 1976 Code, as last amended by Act 300 of 1980, is further
amended to read:
"(c) After the initial form of government and the number and method of election of county council
including the chairman has been adopted and selected, the adopted form, number, and method of election shall
not be changed for a period of two years from the date such form becomes effective and then only as a result of
a referendum as hereinafter provided for. Referendums may be called by the governing body or upon petition of
not less than ten percent of the registered electors of the county. Petitions shall be certified as valid or rejected
by the county board of registration within sixty days after they have been delivered to the board and, if certified,
shall be filed with the governing body which shall provide for a referendum not more than ninety days thereafter.
If more than one petition is filed within the time allowed for such filing, the petition bearing the largest number
of signatures of registered electors shall be the proposal presented, in the manner set forth hereinafter.
Referendums shall be conducted by the county election commission and may be held in a general election or in
a special election as determined by the governing body. No change to an alternate form of government, different
number of council members, or method of election of council including the chairman as a result of a referendum
shall become effective unless such proposed form receives a favorable vote of a majority of those persons voting
in a referendum. In any referendum, the question voted upon, whether it be to change the form of government,
number of council members, or methods of election, shall give the qualified electors an alternative to retain the
existing form of government, number of council members, or method of election or change to one other
designated form, number, or method of election. After a referendum has been held and whether or not a change
in the form results therefrom no additional referendums shall be held for a period of four years.
If the governing body of the county as initially or subsequently established pursuant to a referendum or
otherwise shall be declared to be illegal and not in compliance with state and federal law by a court of competent
jurisdiction, the General Assembly shall have the right to prescribe the form of government, the method of
election, and the number and terms of council members but may submit to the qualified electors by referendum
a question as to their wishes with respect to any element thereof which question shall include as an option the
method of election in effect at the time of the referendum."
Time effective
Section 4. This act shall take effect upon the approval by the Governor. |