S*0986(Rat #0358, Act #0304 of 1998)  General Bill, By Holland and Martin
 A BILL TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF
 REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST
 COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT
 UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE
 AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO
 PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES
 APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR
 PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY
 THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO
 FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND
 DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO
 AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY
 COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE
 COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER
 PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED
 STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.

   02/04/98  Senate Introduced and read first time SJ-12
   02/04/98  Senate Referred to Committee on Judiciary SJ-12
   02/26/98  Senate Committee report: Favorable Judiciary SJ-15
   03/03/98  Senate Read second time SJ-22
   03/03/98  Senate Ordered to third reading with notice of
                     amendments SJ-22
   03/04/98  Senate Read third time and sent to House SJ-10
   03/05/98  House  Introduced and read first time HJ-6
   03/05/98  House  Referred to Committee on Judiciary HJ-7
   04/01/98  House  Committee report: Favorable Judiciary HJ-7
   04/07/98  House  Read second time HJ-398
   04/08/98  House  Read third time and enrolled HJ-28
   05/21/98         Ratified R 358
   05/27/98         Signed By Governor
   05/27/98         Effective date 05/27/98
   06/10/98         Copies available
   06/10/98         Act No. 304

AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.

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

Board of Registration

SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 465 of 1996, 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 and such staff as designated by the board must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each board member and staff person designated by the board or commission must take at least one training course each year.

Combined election and registration commission

SECTION 2. Section 7-5-35 of the 1976 Code, as last amended by Act 465 of 1996, is further 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 section. 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 and such staff as designated by the commission must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each commission member and staff person designated by the commission must take at least one training course each year."

Commissioners of election

SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 465 of 1996, 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 and such staff as designated by the commission must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each commission member and staff person designated by the commission must take at least one training course each year."

Time effective

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

Approved the 27th day of May, 1998.