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Current Status Bill Number:View additional legislative information at the LPITS web site.3879 Ratification Number:88 Act Number:145 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010405 Primary Sponsor:Klauber All Sponsors:Klauber, Carnell and Parks Drafted Document Number:l:\council\bills\pt\1345dw01.doc Date Bill Passed both Bodies:20010503 Date of Last Amendment:20010411 Governor's Action:U Became law without signature of Governor Date of Governor's Action:20010530 Subject:Greenwood County School Districts 50, 51, and 52 Trustees; election procedures to be consistent within districts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20011116 Act No. A145 ------ 20010530 Unsigned, became law without signature of Governor ------ 20010523 Ratified R88 Senate 20010503 Read third time, enrolled for ratification Senate 20010502 Read second time, unanimous consent for third reading on Thursday, 20010503 ------ 20010418 Scrivener's error corrected Senate 20010417 Introduced, read first time, placed on local and uncontested Calendar without reference ------ 20010416 Scrivener's error corrected House 20010412 Read third time, sent to Senate House 20010411 Amended, read second time, unanimous consent for third reading on Thursday, 20010412 House 20010410 Debate adjourned until Wednesday, 20010411 ------ 20010409 Scrivener's error corrected House 20010405 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on April 5, 2001 - Word format Revised on April 9, 2001 - Word format Revised on April 11, 2001 - Word format Revised on April 16, 2001 - Word format Revised on April 17, 2001 - Word format Revised on April 18, 2001 - Word format
(A145, R88, H3879)
AN ACT TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SCHOOL DISTRICT 51 COMPOSED OF AREAS OF ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF DISTRICTS 51 AND 52 TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 IS CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
School District 51 composed of areas of Abbeville, Greenwood, and Laurens Counties, and Ninety Six School District 52, election of members of boards of trustees
SECTION 1. Section 1 of Act 546 of 1982 is amended to read:
"Section 1. Notwithstanding any other provision of law, the following provisions are applicable to the election of members of the boards of trustees of Greenwood School District No. 51 composed of areas of Abbeville, Greenwood, and Laurens Counties (District 51), and Ninety Six School District No. 52 in Greenwood County (District 52), except for item (6) of this section which applies only to Ninety Six School District No. 52:
(1) The board of trustees of School Districts 51 and 52 shall consist of five members.
(2) The terms of office of members of the board of trustees of Districts 51 and 52 are three years each.
(3) Members of each board must be elected in the manner specified in this act. Elections to fill vacancies on the respective boards occurring because of the expiration of a term must be held on the second Tuesday of May. If a current member's term expires in a particular year on or before the thirtieth day of June of that year, the election to fill the vacancy must be held on the second Tuesday of May of that year. If a current member's term expires in a particular year after the thirtieth day of June of that year, then the election to fill the vacancy must be held on the second Tuesday of May of the following year. Thereafter, a successor to each member from Districts 51 and 52 must be elected in an election to be held on the second Tuesday in May every three years thereafter. All persons elected shall take office on the first day of July following their election and the terms of office of the present members of each respective board are extended to and shall expire on the thirtieth day of June following the election in which a successor to the member has been elected pursuant to the provisions of this act. Terms of office of the members of each board elected in succeeding years also must expire on the thirtieth day of June following the election in which successors to these members have been elected and all members shall serve until their successors are elected and qualify.
(4) Vacancies occurring for any reason other than the expiration of a term must be filled by election at the next scheduled election for trustees of that district for the remainder of the unexpired term or for a full term as the case may be.
(5) The Greenwood County Election Commission shall conduct and supervise these elections in the manner governed by the election laws of this State, mutatis mutandis. Members of each board must be qualified electors and residents of their district and must be elected from the district at large by the qualified electors of the district. The county election commission shall establish the opening and ending date for the filing of notice of candidacy for election to each board. All persons desiring to qualify as a candidate shall file a statement of candidacy with the county election commission within the time stipulated by the county election commission. This statement of candidacy must include such information as the county election commission requires.
The county election commission shall give at least thirty days' notice of an election by publishing a notice of it in a newspaper of general circulation in the district at least once a week for two consecutive weeks all of which notices must be run at least thirty days before the scheduled election. The notices shall include, but not be limited to, the date and time of the election, the polling places of the election, and the place where candidates may file for election. The notice, in the discretion of the county election commission, may also be provided to other local news media. The county election commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the supervision of the counting of ballots and declaring the results of the election. The cost of an election for trustees from a particular district must be paid by that district and the cost must be determined by the county election commission based in part on the number of precincts in each district. Poll managers must be paid the same as in general elections.
(6) In the elections for trustees of Ninety Six School District No. 52 the results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If no candidate files for the office of trustee the provision of Section 7-13-1120 of the 1976 Code relating to write-in ballots applies.
(6.1) In the elections for trustees of School District No. 51 composed of areas of Abbeville, Greenwood, and Laurens Counties, the results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If the number of candidates offering for the position of trustee is less than or equal to the number of positions to be filled, the county election commission shall declare those who filed as elected to the position. If no candidate files for the office of trustee or if the number who file is less than the number to complete the board, the provision of Section 7-13-1120 of the 1976 Code relating to write-in ballots applies.
(7) Any person aggrieved by the election of a trustee pursuant to the provisions of this act, within fifteen days after the election, shall file with the county election commission a written petition stating his grievance and the grounds for it. The county election commission shall rule upon the petition within sixty days after its filing."
Greenwood School District No. 50, election of members of board of trustees
SECTION 2. Section 1 of Act 595 of 1994 is amended to read:
"Section 1. (A) Notwithstanding any other provision of law, the Board of Trustees of Greenwood School District 50 consists of nine members who must be elected in nonpartisan elections to be held beginning in 1994 at the same time as the general election in the year specified or required in the manner hereinafter provided. Based on the implementation schedule provided in subsection (B), one member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Except for initial terms otherwise provided in subsection (B), members of the board shall be elected for four-year terms and until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the Greenwood County Election Commission shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, 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 respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file a written statement of candidacy with the county election commission on forms furnished by the election commission. This statement of candidacy must include such information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county election commission 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 county election commission 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 county election commission shall give at least thirty days' notice of an election by publishing a notice of it in a newspaper of general circulation in the district once a week for two consecutive weeks all of which notices must be run at least thirty days before the scheduled election. The notices shall include, but not be limited to, the date and time of the election, the polling places of the election, and the place where candidates may file for election. 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 costs of the elections must be borne by the school district and be determined by the county election commission.
Any person aggrieved by the election of a trustee pursuant to this act, within fifteen days after the election, shall file with the county election commission a written petition stating his grievance and the grounds for it. The county election commission shall rule upon the petition within sixty days after its filing.
The members of the 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.
(B)(1) In 1994, members from Districts 1, 2, and 4 must be elected and the three current members of the board whose terms are scheduled to expire on June 30, 1994, shall continue to serve until the members elected in 1994 from Districts 1, 2, and 4 qualify and take office, at which time the terms of these three current members shall expire. All other current members of the board shall continue to serve in the manner specified in this subsection. The initial terms of members elected in 1994 from Districts 1 and 2 shall be four years each, and the initial term of the member elected in 1994 from District 4 shall be two years.
(2) In 1996, members from Districts 3, 5, 6, 7, 8, and 9 must be elected and the three current members of the board whose terms are scheduled to expire on June 30, 1996, and the three current members of the board whose terms are scheduled to expire on June 30, 1997, shall serve until the members elected in 1996 from Districts 3, 5, 6, 7, 8, and 9 qualify and take office, at which time the terms of these six current members shall expire. The initial terms of the members elected in 1996 from Districts 3, 5, 7, and 9 shall be four years each, and the initial terms of the members elected in 1996 from Districts 6 and 8 shall be two years each.
(3) After the initial election of a member of the board from a respective election district in the manner specified herein, his successors shall be elected at the elections conducted at two-or four-year intervals thereafter as appropriate to serve for terms of four years each."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2001.
Became law without the signature of the Governor -- 5/30/01.
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