Current Status Bill Number:
4806Ratification Number: 325Act Number: 485Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980312Primary Sponsor: McLeodAll Sponsors: McLeod and WilderDrafted Document Number: bbm\9760ac.98Companion Bill Number: 1124Date Bill Passed both Bodies: 19980320Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 19980408Subject: Newberry County Education Board, nonpartisan elections, single-member election districts; School Districts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980910 Act No. A485 ------ 19980408 Unsigned, became law without signature of Governor ------ 19980401 Ratified R325 Senate 19980320 Read third time, enrolled for ratification Senate 19980319 Read second time Senate 19980318 Unanimous consent for second and third reading on the next two consecutive Legislative days Senate 19980318 Introduced, read first time, placed on local and uncontested Calendar without reference House 19980317 Read third time, sent to Senate House 19980313 Read second time House 19980312 Unanimous consent for second reading on the next Legislative day House 19980312 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A485, R325, H4806)
AN ACT TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND REQUIRING TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Election procedures revised
SECTION 1. (A) The Newberry County Board of Education shall consist of seven members elected in nonpartisan elections held at the same time as the general election beginning in 1998. One member must be elected from each of the seven single member election districts which are the same as the seven geographical districts from which members of the Newberry County Council are elected and have the same number designation. No person employed in the public school system is eligible to serve as a member of the board.
(B) At the general election in 1998 members must be elected for Seats designated 2, 5, and 7, and in the year 2000 board members must be elected for Seats designated 1, 3, 4, and 6. Members take office one week following certification of their election as provided for in Section 59-19-315 of the 1976 Code. Members of the board serve terms of four years and until their successors are elected and qualified. If a vacancy occurs for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a general election. If a vacancy occurs within one hundred eighty days of a general election, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation, including the senator.
(C) Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file a petition with the county election commission on forms furnished by the commission and shall pay a filing fee of one hundred dollars to be retained by the county election commission. This petition must be a sworn statement stating the candidate's name, age, election district in which he resides and from which he seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The petition must bear the signatures of not less than two percent of the qualified electors of the election district for which he offers as a candidate. The county election commission shall examine the petition and verify the signatures not less than thirty days before the election. The filing period opens on the first day of August at noon to run no later than September first at noon; however, if September first falls on a Sunday, not later than twelve o'clock noon on the following Monday.
(D) The county election commission shall conduct and supervise the elections for members of the county board of education 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 commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
(E) The board shall meet at least once a month and at other times as may be necessary to conduct the business of the board.
(F) Compensation and expenses for board members must be included as a specific section in the budget. This section may only become effective after receiving two public readings that must be at least twenty-one days apart.
SECTION 2. All members of the Newberry County Board of Education serving on this act's effective date shall continue to serve until their successors are elected and qualified in accordance with this act.
SECTION 3. Act 284 of 1985 is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 04/08/98.