Current Status Bill Number:40 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Courson All Sponsors:Courson Drafted Document Number:BBM\9363SD.95 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:School district trustees, nonpartisan elections
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 04 SED
referred to Committee
Senate 19940919 Prefiled, referred to Committee 04 SED
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-19-25. (A) (1) Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in any school district, beginning in 1995, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections occurring on the first Tuesday after the first Monday in November.
(2) All current members of the boards of trustees of the school districts whose terms expire in a different month of the year continue to serve until their successors are elected and qualify in the manner provided in this section.
(3) The terms for all persons elected to the boards of trustees commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.
(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.
(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.
(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, of the 1976 Code, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district.
(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.
(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.
(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."
SECTION 2. This act takes effect upon approval by the Governor.