H*3205(Rat #0033, Act #0176 of 1995)  General Bill, By Stuart, Koon and Riser

Similar(H 3350)
 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 in the 1995 special election and
 beginning with the 1996 regular election, and to repeal Act 217 of 1993
 relating to the election specified members of the Board.-amended title

   01/10/95  House  Introduced and read first time HJ-79
   01/10/95  House  Referred to delegation from Lexington HJ-79
   01/26/95  House  Delegation report: Favorable Lexington HJ-3
   01/31/95  House  Debate interrupted HJ-14
   02/01/95  House  Amended HJ-17
   02/01/95  House  Debate interrupted HJ-26
   02/02/95  House  Read second time HJ-29
   02/07/95  House  Read third time and sent to Senate HJ-14
   02/08/95  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-16
   03/01/95  Senate Amended SJ-11
   03/01/95  Senate Read second time SJ-21
   03/01/95  Senate Ordered to third reading with notice of
                     amendments SJ-21
   03/02/95  Senate Read third time and returned to House with
                     amendments SJ-21
   03/15/95  House  Concurred in Senate amendment and enrolled HJ-22
   03/30/95         Ratified R 33
   04/06/95         Became law without Governor's signature
   04/06/95         Effective date 04/06/95
   04/24/95         Copies available
   08/14/95         Act No. 176

AN ACT 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 IN THE 1995 SPECIAL ELECTION AND BEGINNING WITH THE 1996 REGULAR ELECTION, 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:

Election of school trustees

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.

Special election provisions

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 as provided in Section 7-13-190 of the 1976 Code, and in accordance with the other filing and election requirements of general law for nonpartisan elections as they apply to this special election. The vacancies referred to in Section 7-13-190 for purposes of this special election shall be deemed to have occurred on the effective date of this act. 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.

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.

Repeal

SECTION 3. Act 217 of 1993 is repealed.

Time effective

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

Became law without the signature of the Governor - 4/6/95.