South Carolina General Assembly
113th Session, 1999-2000

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Bill 3404


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3404
Ratification Number:              152
Act Number:                       174
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990128
Primary Sponsor:                  W. McLeod
All Sponsors:                     W. McLeod, Scott
Drafted Document Number:          l:\council\bills\kgh\15250ac99.doc
Date Bill Passed both Bodies:     19990603
Date of Last Amendment:           19990528
Governor's Action:                U  Became law without signature of 
                                  Governor
Date of Governor's Action:        19990616
Subject:                          Allendale County School Districts, 
                                  Education Board, nonpartisan election of, 
                                  candidate provisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990819  Act No. A174
------  19990616  Unsigned, became law without
                  signature of Governor
------  19990609  Ratified R152
House   19990603  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990528  Amended, read third time, 
                  returned to House with amendment
Senate  19990527  Returned to the third reading 
                  local and uncontested Calendar
Senate  19990527  Reconsidered vote whereby
                  read third time and enrolled 
                  for ratification
Senate  19990527  Recalled from Legislative Council
Senate  19990526  Read third time, enrolled for
                  ratification
Senate  19990506  Read second time, notice of
                  general amendments
Senate  19990504  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference
House   19990430  Read third time, sent to Senate
House   19990429  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19990429  Request for debate withdrawn
                  by Representative                              Whipper
                                                                 Hamilton
                                                                 Fleming
House   19990428  Request for debate withdrawn
                  by Representative                              Scott
                                                                 Vaughn
                                                                 Loftis
                                                                 Leach
House   19990427  Request for debate by Representative           Vaughn
                                                                 Leach
                                                                 Loftis
                                                                 Davenport
                                                                 Hamilton
                                                                 Fleming
                                                                 Whipper
                                                                 Clyburn
                                                                 Scott
House   19990421  Committee report: Favorable            25 HJ
House   19990331  Co-Sponsor added (Rule 5.2) by Rep.            Scott
House   19990331  Co-Sponsor added (Rule 5.2) by Rep.            W. McLeod
House   19990331  Co-Sponsor removed (Rule 5.2) by Rep.          Cave
House   19990128  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill
Revised on April 21, 1999 - Word format
Revised on May 4, 1999 - Word format
Revised on May 28, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A174, R152, H3404)

AN ACT TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED; AND TO REPEAL ACT 453 OF 1998 RELATING TO ADDING TWO ADDITIONAL MEMBERS TO THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN THE YEAR 2000 WHEN THEIR SUCCESSORS ARE ELECTED AS THE GENERAL ASSEMBLY PROVIDES BY LAW.

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

County board of education; nonpartisan elections; election procedures

SECTION 1. Notwithstanding any other provision of law, beginning with the 2000 election, the members of the Allendale County Board of Education, which shall consist of five members, must be elected in a nonpartisan election to be held at the same time as the general election in even-numbered years. One member must be elected from and be a resident of each of the election districts from which members of the county council are elected. Members shall serve terms of four years, until their successors are elected and qualify. If a vacancy on the board occurs for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular board election. If the vacancy occurs within ten months of a regular board election, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of the district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code.

The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

The board has all the powers, duties, and responsibilities as prescribed in Section 59-15-10 of the 1976 Code and as otherwise provided by law.

Members' terms

SECTION 2. The terms of the members of the Allendale County Board of Education serving on this act's effective date terminate at such time as the members of the board elected in 2000 take office pursuant to Section 1 of this act.

Of the members elected pursuant to Section 1 of this act, those representing Districts 2 and 4 shall serve initial terms of two years, and those representing Districts 1, 3, and 5 shall serve initial terms of four years. Thereafter, all members shall be elected for four-year terms.

Repeal

SECTION 3. Act 453 of 1998 is repealed.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Became law without the signature of the Governor -- 6/16/99.

__________


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