South Carolina General Assembly

115th Session, 2003-2004

A127, R2, S158

STATUS INFORMATION

General Bill

Sponsors: Senators Ravenel and Grooms

Document Path: l:\council\bills\dka\3081dw03.doc

Companion/Similar bill(s): 3779

Introduced in the Senate on January 14, 2003

Introduced in the House on February 4, 2003

Passed by the General Assembly on February 13, 2003

Governor's Action: February 21, 2003, Vetoed

Legislative veto action(s): Veto overridden

Summary: Charleston County Elections and Voter Registration Board established; Board of Voter Registration abolished

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/8/2003SenatePrefiled

1/8/2003SenateReferred to delegation from Charleston

1/14/2003SenateIntroduced and read first time SJ87

1/14/2003SenateReferred to delegation from CharlestonSJ87

1/28/2003SenateRecalled from delegation CharlestonSJ3

1/29/2003SenateRead second time SJ19

1/30/2003SenateRead third time and sent to House SJ15

2/4/2003HouseIntroduced and read first time HJ9

2/4/2003HouseReferred to Charleston DelegationHJ9

2/5/2003HouseDelegation report: Favorable Charleston DelegationHJ17

2/11/2003HouseObjection by Rep.Mack, Breeland, Miller and R Brown HJ20

2/11/2003HouseObjection by Rep.Harrell, Altman, Limehouse, and Scarborough HJ20

2/11/2003HouseRequests for debateRep(s).JR Smith HJ20

2/12/2003HouseRead second time HJ28

2/13/2003HouseRead third time and enrolled HJ21

2/18/2003Ratified R 2

2/21/2003Vetoed by Governor

2/25/2003SenateVeto overridden by originating body Yeas45 Nays0 SJ3

2/27/2003HouseDebate adjourned on veto consideration HJ23

3/4/2003HouseDebate adjourned on veto consideration HJ87

3/5/2003HouseDebate adjourned on veto consideration HJ19

3/6/2003HouseVeto sustained Yeas8 Nays6 HJ18

3/6/2003HouseVote to override: Yeas6 Nays8failed to receive the necessary 2/3 vote to override HJ18

3/6/2003HouseMotion noted Reconsider vote whereby the Veto was sustained HJ34

3/19/2003HouseDebate adjourned on motion to reconsider until Tuesday, March 25, 2003 HJ28

3/25/2003HouseDebate adjourned on motion to reconsider until Tuesday, April 1, 2003 HJ36

4/1/2003HouseReconsider vote whereby veto was sustained HJ32

4/1/2003HouseVeto overridden Yeas14 Nays0 HJ32

4/4/2003Copies available

4/4/2003Effective date 04/01/03

10/23/2003Act No.127

VERSIONS OF THIS BILL

1/8/2003

1/28/2003

2/5/2003

(A127, R2, S158)

AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

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

Establish board, terms, appointments

SECTION1.Notwithstanding any other provision of law:

(A)(1)There is established the Board of Elections and Voter Registration of Charleston County to be composed of nine members appointed by the Governor upon the recommendation of a majority of the senators representing the county and a majority of the members of the House of Representatives representing the county.

(2)The term of office for the members of the board is two years commencing on the fifteenth day of March in each oddnumbered year. In case of a vacancy from any cause on the board, the vacancy must be filled in the same manner of original appointment, as provided in this section, for the unexpired term. A majority of the senators representing the county and a majority of the members of the House of Representatives representing the county shall appoint the board’s chairman, and the chairman shall serve a term of two years and may be reappointed to that office for any number of successive terms without limitation. The board may choose to elect a vice chair, a secretary, and other officers as the board considers appropriate. The board shall employ a director, determine the compensation, and determine the number and compensation of other staff positions. Salaries must be consistent with the compensation schedules established by the county for similar positions. The director is responsible for hiring and management of the staff positions established by the board that report to the director. Staff positions are subject to the personnel system policies and procedures by which all county employees are regulated, except that the director serves at the pleasure of the board.

(B)The Governor shall notify the State Election Commission in writing of the appointments made pursuant to subsection (A) of this section.

(C)The Board of Elections and Voter Registration of Charleston County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board pursuant to subsection (A) of this section.

(D)A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy on the board exists which must be filled in the manner provided in subsection (A) of this section. This section does not apply to a member who presents a verifiable doctor’s certificate that illness prevented his attendance at a meeting.

(E)Except as otherwise specifically provided in subsections (A), (B), (C), and (D) of this section, the provisions of law contained in Title 7 of the 1976 Code of Laws relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Charleston County, mutatis mutandis.

Abolish Charleston County Board of Voter Registration and Charleston County Election Commission

SECTION2.(A)The Charleston County Board of Voter Registration is abolished effective ninety days after this act is approved by the Governor, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Charleston County as established pursuant to Section 1 of this act.

(B)The Charleston County Election Commission is abolished effective ninety days after this act is approved by the Governor, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Charleston County as established pursuant to Section 1 of this act.

Expiration of terms of members of Charleston County Board of Voter Registration and Charleston County Election Commission

SECTION3.(A)The terms of the members of the Charleston County Board of Voter Registration, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon the abolishment of that board pursuant to subsection (A) of Section 2 of this act.

(B)The terms of the members of the Charleston County Election Commission, regardless of when these members were appointed to office or when their current terms would otherwise have expired, expire for all purposes upon abolishment of that commission pursuant to subsection (B) of Section 2 of this act.

(C) Notwithstanding subsections (A) and (B) of this section or any other provision of this act, a person serving as a member of the Charleston County Board of Voter Registration or the Charleston County Election Commission may not be removed from office, nor may that board and that commission be abolished, until this act has been given final approval by the United States Department of Justice.

Time effective

SECTION4.This act takes effect ninety days after approval by the Governor.

Ratified the 18th day of February, 2003.

Vetoed by the Governor -- 2/21/03.

Veto overridden by Senate -- 2/25/03.

Veto overridden by House -- 4/1/03.

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