Current Status Bill Number:3099 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Allison All Sponsors:Allison, Townsend, Walker and Kirsh Drafted Document Number:gjk\23076sd.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:School district trustees, nonpartisan election of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
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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 1998 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS, AND TO PROVIDE FOR THE DATES OF THE ELECTIONS, TERMS OF CANDIDATES ELECTED, METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS.
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 provisions of law or special act providing for the appointment or election of school trustees in any school district, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections beginning in 1998. Unless local provisions of law provide for a different date, these nonpartisan elections shall occur on the first Tuesday after the first Monday in November in either an odd-numbered year or an even-numbered year beginning in 1998, as determined by the entity charged by law with setting the election date for school trustees in any district.
(2) 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. If no term of office is provided by law, the terms of office of the members must be for four years, and until their successors are elected and qualify.
(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. If no provision of law applies with regard to the filling of the vacancy, the vacancy must be filled by appointment of the particular board of trustees until the next regularly scheduled election, at which time it must be filled for the remainder of the unexpired term or for a new term as applicable.
(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."
SECTION 2. This act takes effect upon approval by the Governor.