South Carolina General Assembly
104th Session, 1981-1982

Bill 3609

                    Current Status

Bill Number:               3609
Ratification Number:       356
Act Number                 546
Introducing Body:          House
Subject:                   Revise the method of election and terms
                           of office of members of the boards of trustees
                           of Greenwood School District No. 50, School
                           District No. 51, and School District No.
                           52
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A546, R356, H3609)

AN ACT TO REVISE THE METHOD OF ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT NO. 50, SCHOOL DISTRICT NO. 51 WHICH IS COMPOSED OF AREAS OF ABBEVILLE, GREENWOOD AND LAURENS COUNTIES AND NINETY-SIX SCHOOL DISTRICT NO. 52 IN GREENWOOD COUNTY, AND TO REPEAL CERTAIN PROVISIONS OF LAW RELATING TO THE BOARDS OF TRUSTEES OF SUCH DISTRICTS.

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

Board of trustees--Greenwood School Districts No. 50 and 51--composition, election

Section 1. Notwithstanding any other provision of law, the following provisions shall be applicable to the election of members of the boards of trustees of Greenwood School District No. 50 (District 50), School District No. 51 composed of areas of Abbeville, Greenwood and Laurens Counties (District 51), and Ninety-Six School District No. 52 in Greenwood County (District 52):

(1) The board of trustees of District 50 shall consist of nine members and the board of trustees of School Districts 51 and 52 shall consist of five members.

(2) The terms of office of members of the board of trustees of District 50 shall be four years each and the terms of office of members of the board of trustees of Districts 51 and 52 shall be three years each.

(3) Members of each board shall be elected in the manner hereinafter specified. Elections to fill vacancies on the respective boards occurring because of the expiration of term shall be held on the second Tuesday of May. If a current member's term expires in a particular year on or before the thirtieth day of June of that year, the election to fill such vacancy shall be held on the second Tuesday of May of that year. If a current member's term expires in a particular year after the thirtieth of June of that year, then the election to fill such vacancy shall be held on the second Tuesday of May of the following year. Thereafter, a successor to each member from District 50 shall be elected in an election to be held on the second Tuesday in May every four years thereafter and a successor to each such member from Districts 51 and 52 shall be elected in an election to be held on the second Tuesday in May every three years thereafter. All persons so elected shall take office on the first day of July following their election and the terms of office of the present members of each respective board are hereby extended to and shall expire on the thirtieth day of June following the election in which a successor to such member has been elected pursuant to the provisions of this act. Terms of office of the members of each board elected in succeeding years shall also expire on the thirtieth day of June following the election in which successors to such members have been elected and all members shall serve until their successors are elected and qualify.

(4) Vacancies occurring for any reason other than the expiration of a term shall be filled by election at the next scheduled election for trustees of that district for the remainder of the unexpired term or for a full term as the case may be.

(5) The Greenwood County Board of Education shall conduct and supervise such elections in the manner governed by the election laws of this State mutatis mutandi. Members of each board shall be qualified electors and residents of their district and shall be elected from the district at large by the qualified electors of the district. The county board shall establish the opening and ending date for the filing of notice of candidacy for election to each board. All persons desiring to qualify as a candidate and be elected to a particular board shall file written notice of their candidacy with the county board of education within the time stipulated by the county board. This notice of candidacy shall be a sworn statement and shall include the candidate's name, age, voting precinct, school district in which such candidate resides, period of residence in the district and such other information as the county board shall require.

The county board of education shall give at least thirty day's notice of such an election by publishing a notice thereof in a newspaper of general circulation in the district at least once a week for three consecutive weeks all of which notices shall be run at least thirty days before the scheduled election. The notices shall include, but not be limited to, the date and time of the election, the voting places of such election, and the place where candidates may file for election. The notice, in the discretion of the board of education, may also be provided to other local news media. The county board of education shall prepare the necessary ballots, appoint managers for the voting precincts and do all things necessary to carry out such elections, including the supervision of the counting of ballots and declaring the results thereof. The cost of an election for trustees from a particular district shall be paid by the district and such cost shall be determined by the county board of education based in part on the number of precincts in each district. Box managers shall be paid the same as in general elections.

(6) In such elections the number of candidates equal to the number of positions to be filled who receive the highest number of votes shall be deemed. In the event that the number of candidates offering for the position of trustee in any district is less than or equal to the number of positions to be filled, then the board of education shall declare those who have filed as elected to the positions, and shall appoint such additional persons, if any, as are necessary to complete the board, and in such instances, no election shall be held in these districts.

(7) Any person aggrieved by the election of a trustee pursuant to the provisions of this act shall, within fifteen days after such election, file with the county board of education a written petition stating his grievance and the grounds thereof. The board shall rule upon such petition within sixty days after its filing.

Repeal

Section 2. The following provisions of law are repealed:

(1) Article 2, Chapter 8, Title 21 of the 1962 Code.

(2) Article 2 and 3, Chapter 41, Title 21 of the 1962 Code.

(3) Act 970 of 1962.

(4) Act 18 of 1963.

Time effective

Section 3. This act shall take effect upon the approval by the Governor.