Current Status Bill Number:4889 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960409 Primary Sponsor:Robinson All Sponsors:Robinson, Rice, Cromer, Trotter, Harrison and Marchbanks Drafted Document Number:pt\2410dw.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Voter Registration Board, Election Commissioners; training
Body Date Action Description Com Leg Involved
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House 19960409 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION AND DELETE THE REFERENCE TO A SEVEN MEMBER COMMISSION AND MAKE THE SECTION APPLY ONLY TO A COMBINED COMMISSION; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS AND EMPLOYEES MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 422 of 1988, 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 must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. All employees of the boards must complete the training and certification program within twelve months of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the board."
SECTION 2. Section 15 of Act 253 of 1992, is codified as Section 7-5-35 of the 1976 Code and is amended to read:
"Section 7-5-35. If a county operates its elections through an a combined election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. 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 seven-member combined commission, mutatis mutandis.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. All employees of the commissions must complete the training and certification program within twelve months of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the commissions."
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 253 of 1992, 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, shall 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 shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall 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. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall 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'.
It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, 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 must be filed with the commissioners of election along with the ballots from that election precinct.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. All employees of the commissions must complete the training and certification program within twelve months of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the commissions."
SECTION 4. This act takes effect upon approval by the Governor.