Current Status Introducing Body:Senate Bill Number:456 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Election of certain officers, political party Residing Body:Senate Current Committee:Judiciary Computer Document Number:456 Introduced Date:Jan 10, 1991 Last History Body:Senate Last History Date:Jan 10, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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456 Senate Jan 10, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT AN OFFICER IN AN ORGANIZATION USING THE NAME OF OR ORGANIZED ON BEHALF OF A CERTIFIED POLITICAL PARTY FROM SERVING AS AN ELECTION COMMISSIONER; TO AMEND SECTION 7-5-10, RELATING TO COUNTY BOARDS OF REGISTRATION, SO AS TO PROHIBIT AN OFFICER IN AN ORGANIZATION USING THE NAME OF OR ORGANIZED ON BEHALF OF A CERTIFIED POLITICAL PARTY FROM SERVING AS A MEMBER ON THE COUNTY BOARD OF REGISTRATION; AND TO AMEND SECTION 7-13-70, RELATING TO A COUNTY ELECTION COMMISSION, SO AS TO PROHIBIT AN OFFICER IN AN ORGANIZATION USING THE NAME OF OR ORGANIZED ON BEHALF OF A CERTIFIED POLITICAL PARTY FROM SERVING AS A COUNTY ELECTION COMMISSIONER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-3-10 of the 1976 Code is amended to read:
"Section 7-3-10. (a) There is hereby created the State Election Commission composed of five members, at least one of whom shall be a member of the majority political party represented in the General Assembly and at least one of whom shall be a member of the largest minority political party represented in the General Assembly, to be appointed by the Governor to serve terms of four years and until their successors have been elected and qualify, except of those first appointed three shall serve for terms of two years. Provided, however, no officer in a municipal, county, state, or national organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a State Election Commissioner. Any vacancy on the Commission shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(b) The Governor shall appoint one of the members to serve as chairman for a term of two years and until his successor has been appointed and qualifies. The Commission shall select such other officers from among its members as it may deem necessary.
(c) The Commission shall meet at its offices in Columbia at least once each month at such times as it may determine.
(d) The Commission shall have the powers and duties as enumerated in this title."
SECTION 2. Section 7-5-10 of the 1976 Code is 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 shall be citizens and qualified electors thereof and who shall be known as the board of registration of County. The members appointed are subject to removal by the Governor for incapacity, misconduct or neglect of duty. It is further provided that no officer in a municipal, county, state, or national organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a member of the county board of registration."
SECTION 3. Section 7-13-70 of the 1976 Code is 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 shall, at least thirty days prior to any such election, appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. Such commissioners shall continue in office until their successors are appointed and qualified. The commissioners of election shall appoint three managers of election for each polling place in the county for which they shall respectively be appointed for each five hundred electors, or portion thereof, registered to vote thereat and none of such officers shall be removed from office except for incompetence or misconduct. No officer in a municipal, county, state, or national organization using the name of or organized on behalf of a certified political party pursuant to Chapter 9, Title 7 of the 1976 Code may serve as a county commissioner. After their appointment the commissioners and managers shall 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.' and it shall be immediately filed in the office of the clerk of court of common pleas of the county in which such commissioners and managers shall be appointed, or, if there be no such clerk, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath shall be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 4. This act takes effect upon approval by the Governor.