South Carolina General Assembly
106th Session, 1985-1986

Bill 3310

                    Current Status

Bill Number:               3310
Ratification Number:       578
Act Number:                589
Introducing Body:          House
Subject:                   Provide that the members of the Board of
                           Education of Beaufort County must be elected
                           in nonpartisan elections in the general
                           election
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A589, R578, H3310)

AN ACT TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT; TO PROVIDE THAT THIS ACT DOES NOT AFFECT ANY OTHER PROVISION OF LAW RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY NOT INCONSISTENT WITH THIS ACT; AND TO REQUIRE THAT AN ELECTION BE HELD AT THE SAME TIME AS THE GENERAL ELECTION OF 1986 TO DETERMINE IF THE REGISTERED ELECTORS OF BEAUFORT COUNTY WISH TO HAVE THIS ACT TAKE EFFECT.

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

Election of members of the board

SECTION 1. The members of the Board of Education of Beaufort County (hereafter called the board) 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. If a vacancy occurs and the remainder of the term exceeds twenty-six months, the office must be filled at the next general election. If the unexpired term is less than twenty-six months, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County.

Notice of the 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 shall 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.

To have his name placed on the ballot as a candidate, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, shall 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 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 must become a part of the public records of the election for which it was submitted.

Provisions do not affect other provisions of law

SECTION 2. The provisions of this act do not affect any other provision of law relating to the election of members of the Board of Education of Beaufort County not inconsistent with the provisions of this act.

Election to be held

SECTION 3. An election must be held at the same time as the General Election 1986 to determine if the registered electors of Beaufort County wish to have the provisions of this act to take effect. Ballots must be provided at the various voting precincts in Beaufort County with the following words printed thereon:

"Do you favor having the members of the Board of Education of Beaufort County elected in nonpartisan elections in the General Election?

Yes / /

No / /

Those voting in favor of the question must deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question must deposit a ballot with a check or cross mark in the square after the word 'No'."

The commissioners of election for each county must conduct the election, canvass the results, and certify them immediately to the State Election Commission. If a majority of those persons voting in the election vote favorable to the question, the provisions of Sections 1 and 2 of this act shall take effect.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.