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Current Status Bill Number:View additional legislative information at the LPITS web site.3870 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010403 Primary Sponsor:A. Young All Sponsors:A. Young and Keegan Drafted Document Number:l:\council\bills\pt\1351dw01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Uniform Election Procedure Act, Governing bodies elected at time general election conducted; Uniform Laws, Elections History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010403 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2002 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in November.
Section 7-13-220. If a member of a governing body is currently elected at the time of the general election or on the first Tuesday following the first Monday in November, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body currently elected in a nonpartisan election as provided by law shall continue to be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered or odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body."
SECTION 2. This act takes effect upon approval by the Governor.
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