South Carolina General Assembly
112th Session, 1997-1998

Bill 461


                    Current Status

Bill Number:                    461
Ratification Number:            287
Act Number:                     454
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970304
Primary Sponsor:                Mescher
All Sponsors:                   Mescher and Rose 
Drafted Document Number:        res1319.wcm
Date Bill Passed both Bodies:   19980310
Date of Last Amendment:         19980310
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980408
Subject:                        Berkeley County Elections and
                                Voter Registration Board created

History

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980910  Act No. A454
------  19980408  Unsigned, became law without
                  signature of Governor
------  19980401  Ratified R287
Senate  19980310  Ordered enrolled for ratification
House   19980310  Free Conference Committee Report         99 HFCC
                  adopted
House   19980310  Free Conference Powers granted,          99 HFCC Dantzler
                  appointed Reps. to Committee of                  Law
                  Free Conference                                  Hinson
Senate  19980303  Free Conference Committee Report         89 SFCC
                  adopted
Senate  19980303  Free Conference Powers granted,          89 SFCC Mescher
                  appointed Senators to Committee                  Branton
                  of Free Conference                               Grooms
Senate  19980218  Appointed Senators to Committee          88 SCC  Branton
                  of Conference, replacing former                  Grooms
                  members Williams and Rose
Senate  19970403  Conference powers granted,               88 SCC  Mescher
                  appointed Senators to Committee of               Williams
                  Conference                                       Rose
House   19970402  Conference powers granted,               98 HCC  Dantzler
                  appointed Reps. to Committee of                  Law
                  Conference                                       Hinson
House   19970402  Insists upon amendment
Senate  19970401  Non-concurrence in House amendment
House   19970326  Read third time, returned to Senate
                  with amendment
House   19970325  Amended, read second time
House   19970325  Berkeley Delegation report:              97 HLD
                  Favorable with amendment
House   19970312  Introduced, read first time,             97 HLD
                  referred to Berkeley Delegation
Senate  19970307  Read third time, sent to House
Senate  19970306  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970307
Senate  19970304  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A454, R287, S461)

AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF BERKELEY COUNTY, ABOLISH THE BERKELEY COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

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

Berkeley County Board of Elections and Voter Registration established

SECTION 1. Notwithstanding any other provision of law:

(A) Effective March 15, 1998, there is established the Board of Elections and Voter Registration of Berkeley County to be composed of nine members appointed by the Governor upon the recommendation of a majority of the senators representing the county and a majority of the members of the House of Representatives representing the county.

The term of office for the members of the board is two years commencing on the fifteenth day of March in each even-numbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be reelected to that office for any number of successive terms without limitation. The board may choose to elect a vice chair, a secretary, and other officers as the board deems appropriate. The board shall employ a director, determine his or her compensation, and determine the number and compensation of other staff positions. These salaries must be consistent with the compensation schedules established by the county for similar positions. The director is responsible for hiring and management of the staff positions established by the board that report to the director. Staff positions are subject to the personnel system policies and procedures by which all county employees are regulated, except that the director shall serve at the pleasure of the board.

(B) The Governor shall notify the State Election Commission in writing of the appointments made under subsection (A) of this section.

(C) The Board of Elections and Voter Registration of Berkeley County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under subsection (A) of this section.

(D) A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy therein shall exist which must be filled in the manner provided in subsection (A) of this section.

(E) Except as otherwise specifically provided in subsections (A), (B), (C), and (D) of this section, the provisions of law contained in Title 7 of the 1976 Code of Laws relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Berkeley County, mutatis mutandis.

Berkeley County Board of Voter Registration abolished

SECTION 2. (A) The Berkeley County Board of Voter Registration is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.

(B) The Berkeley County Election Commission is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under Section 1 of this act.

Terms of office

SECTION 3. (A) The terms of the members of the Berkeley County Board of Voter Registration, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon the abolishment of that board as provided under subsection (A) of Section 2 of this act.

(B) The terms of the members of the Berkeley County Election Commission, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon abolishment of that commission as provided under subsection (B) of Section 2 of this act.

(C) Notwithstanding subsections (A) and (B) of this section or any other provision of this act, no person serving as a member of the Berkeley County Board of Voter Registration or the Berkeley County Election Commission shall be removed from office, nor shall that board and that commission be abolished, until this act has been given final approval by the United States Department of Justice.

Time effective

SECTION 4. Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 04/08/98.