South Carolina General Assembly
113th Session, 1999-2000

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Bill 1402


Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 31, 2000

S. 1402

Introduced by Senator Branton

S. Printed 5/31/00--H.

Read the first time May 30, 2000.

            

A BILL

TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.

Amend Title To Conform

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

SECTION 1. Section 2(b) of Act 535 of 1982, as last amended by Act 281 of 1989, is further amended to read:

"(b) Beginning January 1, 1983, the Board of Trustees of Summerville School District No. 2 shall consist of seven members who must be residents of the district they represent and who must be elected at large by the qualified electors of that district. Members of the board must be elected in a nonpartisan election conducted by the county election commission at the time of the 1982 General Election. The seven candidates receiving the highest number of votes are elected. The four elected members of the board receiving the highest vote shall serve terms of four years and the three elected members receiving the next highest vote shall serve initial terms of two years each. Thereafter, their successors must be elected in nonpartisan elections held at the time of the general election every two years, as terms expire, for terms of four years. All members of the board shall serve until their successors are elected and qualify. Vacancies on the board must be filled by appointment of the county legislative delegation upon a majority vote of the members of the House of Representatives and a majority of the Senators representing District No. 2 until the next general election, at which time a successor must be elected in the same manner provided in this act for the unexpired term or for a full term as the case may be. Any person who wishes to become a candidate for election to the board shall file a petition containing the signatures of at least two hundred fifty qualified electors residing in the district with the Dorchester County Election Commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election not later than twelve o'clock noon on July fifteenth or, if July fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Except for the number of signatures required, the petition must meet the requirements of Article 1, Chapter 11, Title 7 of the 1976 Code. When certified, the commission shall place the name of the candidate on the ballot without regard to party affiliation.

A separate, nonpartisan ballot must be used for the election of the board. It shall comply substantially with the provisions of Article 3, Chapter 13, Title 7 of the 1976 Code, mutatis mutandis. The expenses of the election must be borne by the district."

SECTION 2. The first paragraph of Section 5 of Act 536 of 1986, as last amended by Act 592 of 1992, is further amended to read:

"The members of the board of trustees must be residents of the single member district from which they are elected and must be elected as provided in this Part herein. Vacancies on the board must be filled at the next general election, or at a special election if the vacancy occurs more than one hundred eighty days before the next general election, at which time a successor must be elected in the same manner provided in this act for the unexpired term or for a full term as the case may be. If the vacancy occurs one hundred eighty days or less before the general election, the members of the legislative delegation representing the district shall fill the vacancy must be filled by appointment upon a majority vote of the members of the House of Representatives and a majority of the Senators representing District No. 4. All persons person desiring to qualify as candidates and be elected to the board by the qualified electors shall file a nominating petition containing the signatures of not less than one hundred qualified electors of the district for which he offers as a candidate with the Dorchester County Election Commission at least sixty days before the date set for the election but not earlier than ninety days before the election not later than twelve o'clock noon on July fifteenth or, if July fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday. The commission shall examine the petition and determine its validity not later than thirty days before the election."

SECTION 3. For purposes of adjusting for a valuation error in Dorchester County School District No. 4, the Department of Revenue may amend the 2000 Index of Taxpaying Ability, as defined in Section 59-20-20(3) of the 1976 Code, for purposes of calculating the 2000 Index of Taxpaying Ability.

SECTION 4. This act takes effect upon approval by the Governor.

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