Bill 4197

                    Current Status

Bill Number:               4197
Ratification Number:       334
Act Number                 716
Introducing Body:          House
Subject:                   Election of board members

(A716, R334, H4197)

AN ACT TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO DELETE PROVISIONS RELATING TO FILLING A VACANCY WHEN THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS, PROVIDE THAT THE OFFICE MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY IF THE UNEXPIRED TERM IS TWELVE MONTHS OR LESS, AND PROVIDE A PROCEDURE FOR CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY WHEN THE REMAINDER OF THE UNEXPIRED TERM IS MORE THAN TWELVE MONTHS.

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

Election of board members

SECTION 1. Section 1 of Act 589 of 1986 is amended to read:

"Section 1. (A) The members of the Board of Education of Beaufort County must be elected in nonpartisan elections in the general election and shall serve terms of four years and until their successors are elected and qualify. The term of a member commences on January first next following his election.

(B) Notice of the general election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the districts from which members of the board are elected, and the notice must contain appropriate information concerning the election. The notice must be published not earlier than one hundred fifty days and not later than one hundred twenty days before the date of the election.

(1) To have his name placed on the ballot as a candidate in the general election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, must contain the signatures of at least two and one-half percent of the qualified registered electors of the district.

(2) The name of the candidate, if he is otherwise qualified, must be placed upon the ballot by the authority charged by law with preparing the ballot if the petition is submitted, as required by this section, not later than twelve o'clock noon on August first immediately preceding the date of the election or, if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and shall certify the results to that authority not later than twelve o'clock noon on September first immediately preceding the date of the election or, if September first falls on Sunday, not later than twelve o'clock noon on the following Monday. Once submitted for verification, the petition may not be returned to the petitioner but must be retained by the authority to whom it was submitted and becomes a part of the public records of the election for which it was submitted.

(C) If a vacancy occurs on the board and the unexpired term is twelve months or less, the office must be filled by appointment by the Governor upon the recommendation of a majority of the legislative delegation representing Beaufort County. If the unexpired term is more than twelve months, a special election must be conducted to fill the vacancy. The board, by the first Tuesday after the vacancy occurs, shall notify the Beaufort County Election Commission of the vacancy. Notice of the special election must be published by the Beaufort County Election Commission in a newspaper of general circulation in the district from which the vacancy is to be filled and the notice must contain appropriate information concerning the election. The notice must be published not later than the second Tuesday after the vacancy occurs. To have his name placed on the ballot as a candidate in the special election, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, must contain the signatures of at least two and one-half percent of the qualified registered electors of the district. The name of the candidate, if he is otherwise qualified, must be placed upon the special election ballot if the petition is submitted not later than twelve o'clock noon on the eighth Tuesday after the vacancy occurs. The Beaufort County Board of Voter Registration shall check the petition at the request of the authority charged with preparing the ballot and certify the results to that authority not later than twelve o'clock noon on the tenth Tuesday after the vacancy occurs. Once submitted for verification, the petition may not be returned to the petitioner but must become a part of the public record of the special election. The special election must be set for the seventeenth Tuesday after the vacancy occurs. If any of the days dealing with the special election fall on a holiday, then the required date is set as the next normal working day. If a vacancy occurs in more than one office requiring separate special elections to be held within twenty-eight days under the provisions of this act, the authority responsible for the conduct of the special election shall conduct all of the special elections on the same date. The special elections must be held on the latest date required for a special election during the twenty-eight day period."

Applicability of provisions

SECTION 2. The provisions of this act apply to a vacancy existing on or after the effective date of this act.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 31st day of January, 1990.