South Carolina General Assembly
115th Session, 2003-2004

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Bill 158

Indicates Matter Stricken
Indicates New Matter


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

RECALLED

January 28, 2003

S. 158

Introduced by Senators Ravenel and Grooms

L. Printed 1/28/03--S.

Read the first time January 14, 2003.

            

A BILL

TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON 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:

SECTION    1.    Notwithstanding any other provision of law:

(A)(1)    There is established the Board of Elections and Voter Registration of Charleston 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.

(2)    The term of office for the members of the board is two years commencing on the fifteenth day of March in each odd-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. A majority of the senators representing the county and a majority of the members of the House of Representatives representing the county shall appoint the board's chairman, and the chairman shall serve a term of two years and may be reappointed 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 considers appropriate. The board shall employ a director, determine the compensation, and determine the number and compensation of other staff positions. 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 serves at the pleasure of the board.

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

(C)    The Board of Elections and Voter Registration of Charleston County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board pursuant to 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 on the board exists which must be filled in the manner provided in subsection (A) of this section. This section does not apply to a member who presents a verifiable doctor's certificate that illness prevented his attendance at a meeting.

(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 Charleston County, mutatis mutandis.

SECTION    2.    (A)    The Charleston County Board of Voter Registration is abolished effective ninety days after this act is approved by the Governor, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Charleston County as established pursuant to Section 1 of this act.

(B)    The Charleston County Election Commission is abolished effective ninety days after this act is approved by the Governor, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Charleston County as established pursuant to Section 1 of this act.

SECTION    3.    (A)    The terms of the members of the Charleston 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 pursuant to subsection (A) of Section 2 of this act.

(B)    The terms of the members of the Charleston 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 pursuant to subsection (B) of Section 2 of this act.

(C)     Notwithstanding subsections (A) and (B) of this section or any other provision of this act, a person serving as a member of the Charleston County Board of Voter Registration or the Charleston County Election Commission may not be removed from office, nor may that board and that commission be abolished, until this act has been given final approval by the United States Department of Justice.

SECTION    4.    This act takes effect ninety days after approval by the Governor.

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