Current Status Bill Number:986 Ratification Number:358 Act Number:304 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980204 Primary Sponsor:Holland All Sponsors:Holland and Martin Drafted Document Number:jud9018.dhh Date Bill Passed both Bodies:19980408 Governor's Action:S Date of Governor's Action:19980527 Subject:Elections, Voter registration boards, commissions, etc.; training and certification courses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980611 Act No. A304
------ 19980527 Signed by Governor
------ 19980521 Ratified R358
House 19980408 Read third time, enrolled for
ratification
House 19980407 Read second time
House 19980401 Committee report: Favorable 25 HJ
House 19980305 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980304 Read third time, sent to House
Senate 19980303 Read second time, notice of
general amendments
Senate 19980226 Committee report: Favorable 11 SJ
Senate 19980204 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A304, R358, S986)
AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
Board of Registration
SECTION 1. Section 7-5-10 of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
Members and such staff as designated by the board must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each board member and staff person designated by the board or commission must take at least one training course each year.
Combined election and registration commission
SECTION 2. Section 7-5-35 of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
"Section 7-5-35. If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
Commissioners and such staff as designated by the commission must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each commission member and staff person designated by the commission must take at least one training course each year."
Commissioners of election
SECTION 3. Section 7-13-70 of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
Commissioners and such staff as designated by the commission must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each commission member and staff person designated by the commission must take at least one training course each year."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998.