Bill 3150

                    Current Status

BillNumber:                3150
Ratification Number:       240
Act Number:                262
Introducing Body:          House
Subject:                   Election of the Board of Trustees of the School 
                           District of Colleton County

(A262, R240, H3150)

AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1988, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, TO PROVIDE FOR THE TERMS OF THESE MEMBERS SO ELECTED, TO PROVIDE THAT EFFECTIVE JULY 1, 1989, THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD, AND TO MAKE THE ABOVE PROVISIONS EFFECTIVE ONLY UPON THEIR APPROVAL IN A REFERENDUM.

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

Election of Colleton County School Board

SECTION 1. Beginning with the 1988 election, the Board of Trustees of the Colleton County School District shall consist of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the six defined single-member election districts established in Section 2 of this act and one member of the board must be elected from the county at large. The members of the board shall elect a chairman and those other officers as they consider necessary to serve terms of one year each in these capacities. Any member may be reelected to an office. The seven members must be elected in a nonpartisan election to be conducted at the same time as the 1988 general election for terms of office of four years each; provided, that the members elected in 1988 from districts two,

four, and six shall serve initial terms of two years each. Thereafter, their successors must be elected in a nonpartisan election to be conducted at the same time as the general election every two or four years thereafter for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term; provided, the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term at the next regular election.

Each member of the board, except for the member elected at large, must be a qualified elector and resident of the election district from which elected and must be elected by the qualified electors of that district. The at-large member must be a qualified elector of the county to be elected by the qualified electors of the county. All persons desiring to qualify as a candidate and be elected to the board shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election together with a filing fee of twenty dollars to be remitted to the county general fund. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, period of residence in the county or election district from which election is sought if applicable, and other information as the county election commission requires.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary

ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the county and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. The current members of the board shall continue to serve in office until the terms of the members

elected in the 1988 election begin as provided above.

Single-member election districts

SECTION 2. The six defined single-member election districts from which one member of the Board of Trustees of the Colleton County School District must be elected by the qualified electors of that district are as follows:

District Population Variance

and Composition of District

District 1

Smoaks Division

ED 225 165

ED 227 148

ED 228 1,098

Walterboro Division

ED 235 1,778

ED 240 344

ED 241 81

ED 243 581

ED 249 464

ED 250 510

ED 254 98

Totals 5,267 - 0.55%

District 2

Lodge Division 1,965

Smoaks Division

ED 229 96

ED 230 304

ED 226 205

Walterboro Division ED 242 -0-

ED 244 371

ED 245 82

ED 246 199

ED 260 8

Hendersonville Division

ED 262 257

ED 263 616

ED 264 -0-

ED 265 207

ED 266 579

ED 267 343

Totals 5,232 - 1.21%

District 3

Walterboro Division

ED 236 1,371

ED 247 541

ED 248 413

ED 255A (North) 2,635

ED 255B 73

ED 255C -0-

ED 255D 21

Hendersonville Division

ED 261 96

Totals 5,150 - 2.76%

District 4

Cottageville Division

ED 274 170

ED 275 444

ED 276 34

Walterboro Division

ED 237 1,106

ED 238 790

ED 239 1,091

ED 251 233

ED 252 363

ED 253 483

ED 255A (South Split) 781

Hendersonville Division

ED 268 111

Totals 5,606 + 5.85%

District 5

Hendersonville Division

ED 269 1,833

ED 271 300

Walterboro Division

ED 256 2,139

ED 259 819

Green Pond Division

ED 286 9

Totals 5,100 - 3.7%

District 6

Cottageville Division

ED 277 375

ED 279 44

ED 278 1,500

ED 280 17

ED 281 -0-

ED 273 371

Walterboro Division

ED 258 921

ED 257 76

Green Pond Division 1,812

Less ED 286 (9)

Hendersonville Division

ED 270 314

Totals 5,421 + 2.36%

Selection of Colleton Superintendent of Education

SECTION 3. Effective July 1, 1989, the Colleton County Superintendent of Education must be appointed by and shall serve at the pleasure of the Board of Trustees of the Colleton County School District. The current elected superintendent of education shall continue to serve in office until June 30, 1989, at which time his successor must be selected in the manner provided by this section.

Effective date upon referendum

SECTION 4. This act takes effect upon approval by the Governor, except that Sections 1, 2, and 3 of this act shall not take effect unless the qualified electors of the county first approve of these provisions in a referendum called for this purpose by the Colleton County Council. The council is authorized to call this referendum and at a time it determines but if called the referendum must be held not later than one hundred twenty days before the scheduled 1988 election. The cost of the referendum must be paid by the county.

Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Do you favor having the Board of Trustees of the Colleton County School District consist of seven members, six of whom are elected beginning with the 1988 election from defined single-member election districts and one of whom is elected from the county at large, which board of trustees

shall appoint the Colleton County Superintendent of Education effective July 1, 1989?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with

a check or cross mark in the square after the word 'No'."

Approved the 8th day of June, 1987.