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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Council\gjk\amend\21638sd02)
May 15, 2002
S. 1205
L. Printed 4/23/02--H.
Read the first time April 23, 2002.
TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1 of Act 587 of 1992, as last amended by Act 503 of 1996, is further amended to read:
"Section 1. (A) Notwithstanding any other provision of law, beginning with the 1992 2002 election, the Board of Trustees of Cherokee County School District 1 consists of nine seven members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the nine seven defined single-member election districts established in Section 2 2A of this act. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the nine members elected in 1992, five shall serve for initial terms of four years each and four shall serve for initial terms of two years each, the initial term of each member to be determined by lot at the first meeting of the board following the 1992 election in 2002, members from districts 2, 3, 4, and 6 shall be elected and in 2004 members from districts 1, 5, and 7 shall be elected. Upon the members elected in 2002 taking office, the terms of the present members of the board from districts 8 and 9 shall expire thereby resulting in a seven-member board. 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, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires. The filing period opens at noon on the second Friday of August of the year in which the nonpartisan election is to be held and closes at noon on the fourth Friday of August of that year.
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 mutandis. 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 commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in 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.
Except for those present members of the board who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
(B) In addition to the nine members of the board elected from single-member election districts as provided for in subsection (A), the present members of the board elected from the school district at large whose terms expire in 1994 shall continue to serve on the board until the 1994 election at which time these at-large seats shall be eliminated. Nothing herein prevents a present member of the board elected from the school district at large from offering as a candidate in 1992 for election from the particular election district in which he resides. If such a present member offers for election and is elected from that district, his term as an at-large member expires upon his taking office in 1992 rather than in 1994. If such a present member offers for election and is not elected from that district, he nevertheless shall continue to serve as an at-large member until 1994 as provided in this subsection. Beginning with the 2002 election, candidates for election to the board shall pay a two hundred dollar filing fee to the county election commission at the time of filing for election which shall be transmitted to the board and held in a special account to offset the cost of these school trustee elections. After the 2002 election, the board by majority vote is authoirzed to increase this filing fee as and if necessary."
SECTION 2. Section 2 of Act 587 of 1992 is deleted.
SECTION 3. Act 587 of 1992 is amended by adding a new Section 2A to read:
"Section 2. A. The seven single-member election districts from which members of the board of trustees of Cherokee County School District 1 shall be elected beginning in 2002 are as shown on Map Reference S-21-00-02 compiled and maintained by the Office of Research and Statistical Services of the Budget and Control Board."
SECTION 4. This act takes effect upon approval by the Governor.
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