South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

S. 1018

STATUS INFORMATION

General Bill
Sponsors: Senator Grooms
Document Path: l:\council\bills\dka\3530dw06.doc

Introduced in the Senate on January 10, 2006
Currently residing in the Senate Berkeley Delegation

Summary: Berkeley County Board of Education

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/10/2006  Senate  Introduced and read first time SJ-42
   1/10/2006  Senate  Referred to delegation from Berkeley SJ-42

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/10/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL BOARD MEMBERS IN A PARTISAN INSTEAD OF NONPARTISAN ELECTION BEGINNING IN 2006 AND TO PROVIDE FOR THE NOMINATION AND ELECTION PROCEDURES OF A CANDIDATE FOR AN OFFICE.

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

SECTION    1.    Section 2 of Act 518 of 1982, as last amended by Act 408 of 2002, is further amended to read:

"Section    2.    Except as otherwise provided herein in this section, the members of the board must be elected in a nonpartisan partisan election to be held at the same time as the general election for terms of four years. At the 2002 election, successors to the current members residing in Districts 2, 4, 6, and 8, whose terms expire in 2002, shall must be elected for four-year terms. At the 2002 election, a member shall also must be elected from District 9 for a two-year term and then at the 2004 election for a four-year term. At the 2004 election, successors to the current members residing in Districts 1, 3, 5, and 7, whose terms expire in 2004, shall must be elected for four-year terms. Successors to these members must be elected in a nonpartisan partisan election to be held at the same time as the general election every four years thereafter. All members of the board shall serve until their successors are elected and qualify. Notwithstanding any other another provision of law, members shall take office at the first meeting of the board following certification of the election. At any election the candidate receiving the highest number of votes shall be deemed elected. Beginning in 2006, a candidate may be nominated for office in the manner provided by law, and a candidate must be elected at the general election and the primary election, respectively, pursuant to the provisions of Title 7 of the 1976 Code, mutatis mutandis.

A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190. The board shall elect from among its members one person to serve as chairman for a term of one year, provided that no a chairman member is not eligible to serve as chairman more than two consecutive terms.

The county superintendent of education appointed by the board shall may not be a member of the board."

SECTION    2.    Section 4 of Act 518 of 1982, as last amended by Act 408 of 2002, is further amended to read:

"Section 4.    One member of the Berkeley County Board of Education must be elected from each of the nine single-member election districts established in Section 3A of this act. Each member of the board must be a resident of the district in which he is elected and must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of such his candidacy with the county election commission at least thirty days before the date set for any such the election but not earlier than sixty days prior to before an election. This notice of candidacy must be a sworn statement and shall must include the candidate's name, age, voting precinct, single-member election district in which the candidate resides, period of residence in the district, and such other information as the county election commission shall require requires.

The county commissioners of election shall conduct and supervise all 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 such the elections, including the counting of ballots and declaring the results thereof of the elections. The commissioners shall advertise the date of any such an election sixty days preceding the election in the newspapers of general circulation published in Berkeley County and shall publish a second notice two weeks thereafter after that time. The cost of the elections shall be is borne by Berkeley County. The results of the elections must be determined in accordance with the nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code."

SECTION    3.    This act takes effect upon approval by the Governor.

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