Current StatusView additional legislative information at the LPITS web site.Bill Number: 3676 Ratification Number: 420 Act Number 509 Introducing Body: House Subject: Provide for boards of trustees of the school districts of Anderson County and to repeal Act 643 of 1960
(A509, R420, H3676)
AN ACT TO PROVIDE FOR BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF ANDERSON COUNTY AND TO REPEAL ACT 643 OF 1960 (ARTICLE 2 OF CHAPTER 21 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1962), RELATING TO BOARDS OF TRUSTEES OF SCHOOL DISTRICTS OF ANDERSON COUNTY, ACT 234 OF 1979 AND ACT 220 OF 1981, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES IN ANDERSON COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
Districts to be managed and controlled by boards of trustees
Section 1. The school districts in Anderson County shall be managed and controlled by boards of trustees, the members of which shall be residents of their districts and elected by the qualified electors thereof. Any candidate for the office of trustee must have been a resident of South Carolina for two years prior to the election in which he is offering, must have been a resident of Anderson County for one year prior to the election in which he is offering and must be eligible to vote in his district.
Board of Education to appoint successors to fill vacancy under certain conditions
Section 2. In the event that no candidate offers for the position of trustee in any district, the County Board of Education shall appoint successors to fill vacancies and no election shall be held in any such district. If necessary in such instances, the question of which trustee shall serve for which term shall be determined by lot by the board.
Vacancy in board of trustees
Section 3. In case of a vacancy in the board of trustees, such vacancy shall be filled for the unexpired term by appointment by the County Board of Education.
Constitution of boards
Section 4. The boards in the several districts shall be constituted as follows:
(1) In those districts having a total enrollment in all elementary and high schools within the district of less than three thousand pupils, the board of trustees shall consist of five members;
(2) In those districts having a total enrollment in all elementary and high schools within the district of three thousand pupils, or more, but less than six thousand pupils, the board of trustees shall consist of seven members;
(3) In those districts having a total enrollment in all elementary and high schools within the district of six thousand pupils, or more, the board of trustees shall consist of nine members.
Terms
Section 5. The terms of office of school trustees of Anderson County shall expire on December thirty-first following the election of their successors in the general election. All trustees shall be elected for terms of four years. In case of a vacancy before the expiration of the term, the successor shall be appointed by the County Board of Education for the unexpired portion of the term.
District No._2 divided into four areas
Section 6. For the purpose of electing district trustees, School District No. 2 is divided into four areas, as follows:
Area No. 1 shall consist of old school district Belton No. 12 and Calhoun School District No. 29;
Area No. 2 shall consist of old school districts Honea Path No. 16, Gantt No. 34, Friendship No. 35, Cleveland No. 36, and Barkers Creek No. 67;
Area No. 3 shall consist of old school districts Martin No. 15, Long Branch No. 33, Ebenezer No. 45, Bethany No. 46, Bethel No. 55, and the portion of Rocky River School District No. 59, east of Rocky River;
Area No. 4 shall consist of old school districts Broadway No. 11, Neals Creek No. 60, and the portion of Union School District No. 21, south of Broadway Creek.
Two of the seven trustees shall be residents of Area No. 1; two shall be residents of Area No. 2; one shall be a resident of Area No. 3; and one shall be a resident of Area No. 4. The seventh trustee may reside in any one of the four areas. Each of the seven trustees shall be elected by the qualified electors of the entire district.
Upon the expiration of the present terms of office of the trustees of such school district, their respective successors in office shall be elected from the areas herein established in such order as the vacancies occur. In case of the registration or death of any trustee, the County Board of Education shall appoint a successor who is a resident of the same area for the unexpired term only.
District No. 4 divided into five areas
Section 7. For the purpose of electing district trustees, School District No. 4 is divided into five areas, as follows:
Area No. 1 shall consist of old school districts Townville No. 1, Fork No. 40, Morris Shoals No. 63, Double Springs No. 68 and Broyles No. 57;
Area No. 2 shall consist of old school districts Zion No. 53, Fair View No. 72 and La France (part of No. 24);
Area No. 3 shall consist of old school district Hunter No. 74 (excluding La France);
Area No. 4 shall consist of old school district Bishop Branch No. 28, Walker-McElmoyle No. 50 and Melton No. 51;
Area No. 5 shall consist of old school districts Lebanon No. 27, Smith No. 42 and Pendleton No. 2 (Denver School).
Each of the five trustees shall be a resident of a different area within the district and shall be elected by the qualified electors of the entire district.
Upon the expiration of the present terms of office of the trustees of such school district, their respective successors in office shall be elected from the areas herein established in such order as the vacancies occur. In case of the resignation or death of any trustee, the County Board of Education shall appoint a successor who is a resident of the same area for the unexpired term only.
Election of members of board of trustees of School District No. 5
Section 8. Notwithstanding any other provision of law and beginning with the general election of 1980, members of the Board of Trustees of School District Number Five in Anderson County shall be elected in the following manner:
(1) Two trustees shall be elected at large from the district and be qualified electors of the district.
(2) Seven members shall be elected from single-member election districts and shall be qualified electors of the election district from which they are elected.
(3) The single-member districts referred to in (2) above shall be established by the County Board of Education and shall be apportioned so that the population variance among districts shall not exceed ten percent based on the latest official United States census.
(4) Terms of all members shall be for four years and until their successors are elected and qualify.
The five members presently serving on the board may continue to serve until the expiration of their terms in 1982 if they choose to do so.
Trustees to assume office
Section 9. Trustees for the school districts of Anderson County shall be elected in the general election and assume office on January first following such election.
Notice of election
Section 10. Notwithstanding any other provisions of law, the notice of the election for all school board trustees in Anderson County shall be given by the Anderson County Election Commission which shall publish two notices of the trustee election in a newspaper of general circulation in the county. The first notice shall appear sixty days prior to the election and the second notice shall appear two weeks after the first notice. Any person desiring to become a candidate shall file with the county board of registration a written notice of his intention to become a candidate for such office. Candidates may file for such office no later than twelve o'clock noon on September eighteenth or if September eighteenth falls on Sunday, not later than twelve o'clock noon on the following Monday. After the time for filing has expired, the county election commission shall certify qualified candidates in each district and shall compile a list of all candidates in each district and shall conduct the elections in accordance with the election laws of the State mutatis mutandi. In District Nos. 2, 4, and 5 any such person shall state the area as provided by Sections 6, 7, and 8 in which he or she resides. Any candidate for trustee at large for District Nos. 2 and 5 shall file as such and be so designated on the ballot.
Ballots
Section 11. The ballots shall have printed thereon the names of the candidates to be voted on, the district and area, where applicable, for which they are candidates, and have attached thereto stubs to be detached and retained by the managers of the election, and any instructions to the voters. Separate ballots shall be prepared for each district, upon which shall appear the names of the candidates from that district, and each ballot shall indicate the number of positions to be filled in each district.
The managers of election shall supervise the voting at their respective voting places and comply with the provisions of Sections 7-17-10 and 7-17-20, Code of Laws of South Carolina, 1976. Protests and contests shall be decided under the procedures prescribed in Section 7-17-30 of the 1976 Code.
In case of a tie vote in the election of any trustee, the County Board of Education shall determine by lot the successful candidate.
Boundary lines of school districts
Section 12. Boundary lines of the school districts are not coincident in all cases with the boundary lines of the precinct. Therefore, should any qualified elector reside in a school district which does not embrace the precinct in which he is registered in its entirety and the commissioners of election do not provide a voting place in the precinct for the district election, such elector shall vote for trustees of the district in which he resides at the voting place in the district nearest his residence upon the showing of his registration certificate and otherwise qualifying.
Repeal
Section 13. Act 643 of 1960 (Article 2 of Chapter 21 of Title 21 of the 1962 Code), Act 234 of 1979, and Act 220 of 1981 are repealed.
Time effective
Section 14. This act shall take effect upon the approval by the Governor.