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COMMITTEE REPORT
May 9, 2007
S. 327
S. Printed 5/9/07--H.
Read the first time April 11, 2007.
To whom was referred a Bill (S. 327) to amend Sections 7-5-10, 7-5-35, and 7-13-70, Code of Laws of South Carolina, 1976, relating to the appointment and removal of members, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in every each 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.
(B) Members, and such the staff as designated by the board, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the board. Following initial certification, each board member, and staff person designated by the board or commission, must shall take at least one training course each year."
SECTION 2. Section 7-5-35 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. 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 combined commission, mutatis mutandis.
(B) Commissioners, and such the staff as designated by the commission, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the commission. Following initial certification, each commission member, and staff person designated by the commission, must shall take at least one training course each year."
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-13-70. (A) 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, must shall 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 must shall notify the State Election Commission in writing of the appointments. The State Election Commission must shall 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. After their appointment, the commissioners must shall 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'.
(B) The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C) Commissioners, and such the staff as designated by the commission, must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. If, except for an exceptional reason, a member does not fulfill this training requirement, the Governor, upon notification, shall remove that member from the commission. Following initial certification, each commission member, and staff person designated by the commission, must shall take at least one training course each year."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-10 of the 1976 Code is amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in every each 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.
(B)(1) Members Each member, and such each staff as person designated by the board, must complete, within eighteen months after their a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
(2) If, except for an exceptional reason, a member appointed on or after the effective date of this item does not fulfill the training and certification program within eighteen months after his appointment, the Governor, upon notification, must remove that member from the board.
(3) Following initial completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."
SECTION 2. Section 7-5-35 of the 1976 Code is amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. 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 combined commission, mutatis mutandis.
(B)(1) Commissioners Each commissioner, and such each staff as person designated by the commission, must complete, within eighteen months after their a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2) If, except for an exceptional reason, a commissioner appointed on or after the effective date of this item does not fulfill the training and certification program within eighteen months after his appointment, the Governor, upon notification, must remove that commissioner from the commission.
(3) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 3. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. (A) 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, 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 must notify the State Election Commission in writing of the appointments. The State Election Commission 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. After their appointment, the commissioners 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'.
(B) The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C)(1) Commissioners Each commissioner, and such each staff person as designated by the commission, must complete, within eighteen months after their the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2) If, except for an exceptional reason, a commissioner does not fulfill this training requirement, the Governor, upon notification, must remove that commissioner from the commission.
(3) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 4. This act takes effect upon approval by the Governor.
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