South Carolina General Assembly
108th Session, 1989-1990

Bill 1515


                    Current Status

Bill Number:               1515
Ratification Number:       594
Act Number                 497
Introducing Body:          Senate
Subject:                   Authority to appoint clerk
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A497, R594, S1515)

AN ACT TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.

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

Authority to appoint clerk

SECTION 1. Section 7-13-70 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:

"Section 7-13-70. 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, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. After their appointment the commissioners, managers, and clerks 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.'

It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 29th day of May, 1990.