CHAPTER 27 - COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS
Title 7 - Elections
CHAPTER 27.
COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS
ARTICLE 1.
GENERAL PROVISIONS
SECTION 7-27-110. Appointment of members of boards and commissions.
Those counties that do not have combined boards of registration and election commissions must have their members appointed and powers of their boards and commissions as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-120. Codification; purpose.
By codifying the provisions for county boards of registration and election commissions, the General Assembly intends to provide greater public access to the statutory provisions for registering voters and coordinating elections in this State.
SECTION 7-27-130. Effect of codification.
The codification of the county boards of registration and election commissions as provided in Article 2 of this chapter does not create new statutory authority, but is a continuation of acts passed by the General Assembly to combine the election and registration functions in order to provide a unified commission for the traditional state functions of conducting elections and registering electors by county.
ARTICLE 2.
CODIFICATION OF COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS
SECTION 7-27-210. Registration and Elections Commission for Abbeville County.
(A) There is created the Registration and Elections Commission for Abbeville County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Abbeville County Legislative Delegation, including the senator, who are appointed for terms of two years and until their successors are appointed and qualify. One member shall reside in each of the county council districts in Abbeville County.
(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission.
(C) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only.
(D) The members of the commission receive compensation as may be appropriated by the county council.
(E) The Abbeville County Legislative Delegation shall employ a director of the Registration and Elections Commission and a part-time assistant.
(F) Commissioners of Election and the Registration Board for Abbeville County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Abbeville County created in subsection (A).
(G) Those members of the Elections Commission and Registration Board for Abbeville County serving on July 1, 1989, shall continue to serve until December 31, 1990, at which time the new board must be appointed for a one-year period, after which the members of the board must be appointed for two-year terms.
SECTION 7-27-215. Registration and Elections Commission for Aiken County.
(A) There is created the Registration and Elections Commission for Aiken County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Aiken County Legislative Delegation, including the senators, who are appointed for terms of two years and until their successors are appointed and qualify.
(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission.
(C) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired term only.
(D) The members of the commission, the executive director, and staff receive compensation as may be appropriated by the county council upon the recommendation of the county legislative delegation.
(E) The executive director must be appointed and may be removed by a majority vote of the senators and a majority vote of the members of the House of Representatives representing Aiken County.
(F) The office of Commissioners of Election and the Registration Board for Aiken County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Aiken County created in subsection (A).
(G) The current members of the Aiken County Election Commission and the Aiken County Registration Board shall act as the governing commission of the new Aiken County Registration and Elections Commission established in this section until such time as the seven members of this commission appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-220. Registration and Elections Commission for Allendale County.
(A) There is created the Registration and Elections Commission for Allendale County. There are seven members of the commission who must be appointed by a majority of the House members and a majority of the Senate members of the Allendale County Legislative Delegation, who are appointed for terms of four years and until their successors are appointed and qualify, except of those members initially appointed, members appointed to Seats 1, 3, 4, and 6 shall serve terms of four years and members appointed to Seats 2, 5, and 7 shall serve terms of two years. At the expiration of the terms of those members appointed for terms of two years, successors to these members receive terms of four years. A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. All monies annually disbursed for county board of registration members and county election commissions by the State Election Commission must be divided equally among the seven members of the commission created pursuant to the provisions of this section. The commission shall elect a chairman.
(B) The office of the Commissioners of Election and the Registration Board for Allendale County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Allendale County created in subsection (A).
SECTION 7-27-225. Registration and Elections Commission for Anderson County.
(A) There is created the Registration and Elections Commission for Anderson County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Anderson County Legislative Delegation, including the senators, who are appointed for terms of two years and until their successors are appointed and qualify. One member shall reside in each of the school districts in Anderson County and two must be appointed at large from the county.
(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission.
(C) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only.
(D) The members of the commission receive compensation as may be appropriated by the county council.
(E) Commissioners of Election and the Registration Board for Anderson County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Anderson County created in subsection (A).
(F) Those members of the Elections Commission and Registration Board for Anderson County serving on March 1, 1987, shall continue to serve until their successors are appointed and qualify.
SECTION 7-27-230. Registration and Elections Commission for Bamberg County.
(A) There is created the Registration and Elections Commission for Bamberg County. There are seven members of the commission who must be appointed by a majority of the House members and a majority of the Senate members of the Bamberg County Legislative Delegation, who are appointed for terms of four years and until their successors are appointed and qualify, except of those members initially appointed, members appointed to Seats 1, 3, 4, and 6 shall serve terms of four years and members appointed to Seats 2, 5, and 7 shall serve terms of two years. At the expiration of the terms of those members appointed for terms of two years, successors to these members receive terms of four years. A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. All monies annually disbursed for county board of registration members and county election commissions by the State Election Commission must be divided equally among the seven members of the commission created pursuant to the provisions of this section. The commission shall elect a chairman.
(B) The office of the Commissioners of Election and the Registration Board for Bamberg County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Bamberg County created in subsection (A).
SECTION 7-27-235. Barnwell County Board of Elections and Registration.
(A)(1) There is created the Barnwell County Board of Elections and Registration. There are seven members of the board who must be appointed by a majority of the Barnwell County Legislative Delegation for terms of four years until their successors are appointed and qualify except of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(2) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(3) Members of the board and its staff receive compensation as may be appropriated by the governing body of Barnwell County.
(4) One of the seven members of the board shall serve as its chairman to be elected by the board.
(5) All monies annually disbursed for county board of registration members and county election commissions by the State Election Commission must be divided equally among the seven members of the board created pursuant to the provisions of this section.
(B) The Barnwell County Election Commission and the Barnwell County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Barnwell County Board of Elections and Registration created by subsection (A).
(C) The current members of the Barnwell County Election Commission and the Barnwell County Registration Board shall act as the governing body of the new Barnwell County Board of Elections and Registration established in this section until such time as the seven members of this board appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-240. Beaufort County Board of Elections and Registration.
(A) There is created the Beaufort County Board of Elections and Registration. There are nine members of the board who must be appointed by the Governor, four of whom must be appointed upon the recommendation of the senators representing Beaufort County and the remaining upon the recommendation of a majority of the Beaufort County Legislative Delegation for terms of four years until their successors are appointed and qualify except that of those first appointed, five must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority. A member of the board may not serve more than two consecutive four-year terms or eight consecutive years, whichever is longer.
(B) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(C) Members of the board and its staff receive compensation as may be appropriated by the governing body of Beaufort County upon the recommendation of the county legislative delegation.
(D) The county legislative delegation shall designate a chairman and vice chairman from among the members appointed to the board. In the absence of the chairman, the vice chairman shall preside at the meeting. In the event the position of chairman becomes vacant for any reason, the vice chairman shall assume the chairmanship.
(E) A member who misses three consecutive unexcused 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 by subsection (B).
(F) The Beaufort County Election Commission and the Beaufort County Registration Board are abolished on the effective date of this section and the powers and duties of the commissioners of Election and the Registration Board are devolved upon the Beaufort County Board of Elections and Registration created by subsection (A).
(G) The current members of the Beaufort County Election Commission and the Beaufort County Registration Board shall act as the governing body of the new Beaufort County Board of Elections and Registration established pursuant to the provisions of this section until such time as the nine members of this board appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-245. Board of Elections and Voter Registration of Berkeley County.
Notwithstanding any other provision of law:
(A)(1) Effective March 15, 1998, there is established the Board of Elections and Voter Registration of Berkeley 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 even-numbered 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. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be reelected 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 his compensation, and determine the number and compensation of other staff positions. These 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 shall serve at the pleasure of the board.
(B) The Governor shall notify the State Election Commission in writing of the appointments made under subsection (A)(1).
(C) The Board of Elections and Voter Registration of Berkeley County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under subsection (A)(2).
(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)(2).
(E) Except as otherwise specifically provided in subsections (A), (B), (C), and (D), the provisions of law contained in Title 7 relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Berkeley County, mutatis mutandis.
(F)(1) The Berkeley County Board of Voter Registration is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under subsection (A).
(2) The Berkeley County Election Commission is abolished effective March 15, 1998, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Berkeley County as established under subsection (A).
(G)(1) The terms of the members of the Berkeley 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 as provided under subsection (F).
(2) The terms of the members of the Berkeley 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 as provided under subsection (F).
(3) Notwithstanding items (1) and (2) of this subsection or any other provision of law, a person serving as a member of the Berkeley County Board of Voter Registration or the Berkeley County Election Commission may not be removed from office, nor shall that board and that commission be abolished, until this section has been given final approval by the United States Department of Justice.
SECTION 7-27-250. Calhoun County Board of Elections and Registration.
(A)(1) There is created the Calhoun County Board of Elections and Registration. There are ten members of the board who must be appointed upon recommendation of a majority of the Calhoun County Legislative Delegation who are appointed for terms of four years and until their successors are appointed and qualify, except that initially in order to stagger terms, five members must be appointed for terms of two years. At the expiration of these two-year terms, successors must be appointed for terms of four years.
(2) Between the first day of January and the fifteenth day of March of every even-numbered year, the delegation shall appoint the members of the board.
(3) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(4) Members of the board and its staff receive compensation as may be appropriated by the governing body of Calhoun County.
(5) The Calhoun County Legislative Delegation shall select from the ten members a chairman and vice chairman.
(6) Staff may be appointed and may be removed for cause by a majority vote of the members of the board.
(7) 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 by item (3).
(B) The Calhoun County Election Commission and the Calhoun County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Calhoun County Board of Elections and Registration created by subsection (A).
(C) The current members of the Calhoun County Election Commission and the Calhoun County Registration Board shall act as the governing board of the new Calhoun County Board of Elections and Registration established pursuant to the provisions of this section until the ten members of this board appointed in the manner provided by subsection (A) take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-255. Board of Elections and Voter Registration of Charleston County.
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 odd-numbered 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).
(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).
(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). 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), the provisions of law contained in Title 7 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.
(F)(1) The Charleston County Board of Voter Registration is abolished effective ninety days after this section 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 subsection (A).
(2) The Charleston County Election Commission is abolished effective ninety days after this section 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 subsection (A).
(G)(1) 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 (F)(1).
(2) 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 (F)(2).
(3) Notwithstanding items (1) and (2) of this subsection or any other provision of law, 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 section has been given final approval by the United States Department of Justice.
SECTION 7-27-260. Cherokee County Election Commission and Cherokee County Board of Registration; appointment and powers of members.
The Cherokee County Election Commission and the Cherokee County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-265. Registration and Election Commission of Chester County.
(A) There is created the Registration and Election Commission of Chester County. The commission must be made up of eight members who shall serve terms of four years, except for the initial term, four members, selected by drawing lots, shall serve two-year terms. Members are to be appointed by the Governor upon recommendation of a majority of both the Senate and House of Representatives of the legislative delegation and serve until their successors are appointed and qualify. Terms expire on March fifteenth of the appropriate year.
(B) A vacancy on the commission must be filled by appointment in the manner of original appointment for unexpired terms.
(C) Members of the commission shall receive compensation as may be appropriated by the county council in addition to any funds appropriated by the State.
(D) Staff must be appointed and may be removed by a majority vote of the members of the commission. Staff must be subject to the county employee policies.
(E) The commission must be headed by a chairman. The first chairman must be appointed by a majority of both the members of the Senate and the House of Representatives. Thereafter, the chairman and other officers deemed necessary must be elected bi-annually by the members of the commission.
(F) The powers and duties of the Chester County Board of Registration and the Chester County Election Commission are devolved upon the Registration and Election Commission of Chester County created in subsection (A).
SECTION 7-27-270. Chesterfield County Board of Elections and Registration.
(A)(1) There is created the Chesterfield County Board of Elections and Registration. There are nine members of the board who must be appointed by a majority of the Chesterfield County Legislative Delegation for terms of four years until their successors are appointed and qualify. The two additional members of the board added by this section must be appointed for terms of four years until their successors are appointed and qualify. The board shall hire a director who shall perform such duties and responsibilities as the board shall determine. The board shall supervise the director who must be accountable to it.
(2) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(3) Members of the board and its staff receive compensation as may be appropriated by the governing body of Chesterfield County.
(4) One of the nine members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.
(5) 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 by this subsection.
(B) The Chesterfield County Election Commission and the Chesterfield County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Chesterfield County Board of Elections and Registration created by subsection (A).
(C) The current members of the Chesterfield County Election Commission and the Chesterfield County Registration Board shall act as the governing body of the new Chesterfield County Board of Elections and Registration until the nine members of this board appointed in the manner provided by this section take office at which time the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-275. Clarendon County Election Commission and Clarendon County board of Registration; appointment and powers of members.
The Clarendon County Election Commission and the Clarendon County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-280. Board of Elections and Voter Registration of Colleton County.
Notwithstanding any other provision of law:
(A) Effective March 15, 1997, there is established the Board of Elections and Voter Registration of Colleton County to be composed of nine members appointed to office by the Governor; four of the members must be appointed upon the recommendation of the senators representing the county and the remaining five members must be appointed upon the recommendation of the legislative delegation from the county. A member may not be a paid employee of the board or of the former Colleton County Board of Voter Registration or of the former Colleton County Election Commission. The term of office for the members of the board is two years commencing on the fifteenth day of March in each odd-numbered 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. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be re-elected to that office for any number of successive terms without limitation.
(B) The Governor shall notify the State Election Commission in writing of the appointments made under subsection (A).
(C) The Board of Elections and Voter Registration of Colleton County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under subsection (A).
(D) Except as otherwise specifically provided in subsections (A), (B), and (C), the provisions of law contained in Title 7 relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Colleton County, mutatis mutandis.
(E)(1) The Colleton County Board of Voter Registration is abolished effective March 15, 1997, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Colleton County as established under subsection (A).
(2) The Colleton County Election Commission is abolished effective March 15, 1997, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Colleton County as established under subsection (A).
(F)(1) The terms of the members of the Colleton 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 as provided under subsection (E)(1).
(2) The terms of the members of the Colleton 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 as provided under subsection (E)(2).
(G) Notwithstanding subsection (F) or any other provision of law, a person serving as a member of the Colleton County Board of Voter Registration or the Colleton County Election Commission may not be removed from office, nor shall that board and that commission be abolished, until this section has been given final approval by the United States Department of Justice.
SECTION 7-27-285. Darlington County Board of Elections and Registration.
(A)(1) There is created the Darlington County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of a majority of the Darlington County Legislative Delegation for terms of four years until their successors are appointed and qualify except of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(2) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(3) Members of the board and its staff receive compensation as may be appropriated by the governing body of Darlington County upon the recommendation of the county legislative delegation.
(4) One of the seven members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.
(5) 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 by item (2).
(B) The Darlington County Election Commission and the Darlington County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Darlington County Board of Elections and Registration created by subsection (A).
(C) The current members of the Darlington County Election Commission and the Darlington County Registration Board shall act as the governing body of the new Darlington County Board of Elections and Registration established in this section until such time as the seven members of this board appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-290. Dillon County Election Commission and Dillon County Board of Registration; appointment and powers of members.
The Dillon County Election Commission and the Dillon County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-295. Dorchester County Board of Elections and Registration.
(A) There is created the Dorchester County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of a majority of the Dorchester County Legislative Delegation for terms of four years and until their successors are appointed and qualify except of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(B) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(C) Members of the board and its staff receive compensation as may be appropriated by the governing body of Dorchester County upon the recommendation of the county legislative delegation.
(D) One of the seven members of the board shall serve as its chairman, and the member to serve as chairman must be designated by the county legislative delegation.
(E) 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 (B).
(F) For purposes of this section, a majority of the Dorchester County Legislative Delegation means a majority of the members of the House of Representatives and a majority of the members of the Senate representing Dorchester County.
(G)(1) The Dorchester County Election Commission and the Dorchester County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and Registration Board are devolved upon the Dorchester County Board of Elections and Registration created by subsection (A).
(2) The current members of the Dorchester County Election Commission and the Dorchester County Registration Board shall act as the governing body of the new Dorchester County Board of Elections and Registration established in this section until such time as the seven members of this board appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-300. Registration and Elections Commission for Edgefield County.
(A) There is created the Registration and Elections Commission for Edgefield County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Edgefield County Legislative Delegation, including the senator, who are appointed for terms of two years and until their successors are appointed and qualify.
(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission.
(C) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired term only.
(D) The members of the commission, the executive director, and staff receive compensation as may be appropriated by the county council upon the recommendation of the county legislative delegation.
(E) The executive director, upon recommendation of the Edgefield County Council, must be appointed by a majority vote of the senators and a majority vote of the members of the House of Representatives representing Edgefield County. The appointment is for a term of two years or until a successor is appointed.
(F) The office of Commissioners of Election and the Registration Board for Edgefield County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Edgefield County created in subsection (A).
(G) The current members of the Edgefield County Election Commission and the Edgefield County Registration Board shall act as the governing commission of the new Edgefield County Registration and Elections Commission established in this section until such time as the seven members of this commission appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of the election commission and registration board members expire.
SECTION 7-27-305. Registration and Elections Commission of Fairfield County.
(A) There is created the Registration and Election Commission of Fairfield County. The commission must be made up of seven members who shall serve terms of four years except for the initial term three members, selected by drawing lots, shall serve two-year terms. Members are to be appointed by the Governor upon recommendation of a majority of both the members of the Senate and House of Representatives of the legislative delegation and serve until their successors are appointed and qualify. Terms expire on March fifteenth of the appropriate year.
(B) A vacancy on the commission must be filled by appointment in the manner of original appointment for unexpired terms.
(C) Members of the commission receive compensation as may be appropriated by the county council.
(D) Staff must be appointed and may be removed by a majority vote of the members of the commission.
(E) A chairman and other officers deemed necessary must be elected bi-annually by the members of the commission.
(F) The powers and duties of the Fairfield County Board of Registration and the Fairfield County Election Commission are devolved upon the Registration and Election Commission of Fairfield County created in subsection (A).
(G) The current members of the Fairfield County Registration Board and the Fairfield County Election Commission shall act as the governing commission of the new Registration and Election Commission of Fairfield County created in subsection (A) until such time as the seven members of this commission are appointed. Upon appointment of the newly formed commission the terms of commissioners of the Fairfield County Registration Board and Fairfield County Election Commission expire.
SECTION 7-27-310. Registration and Elections Commission for Florence County.
(A) There is created the Registration and Elections Commission for Florence County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Florence County Legislative Delegation, including the senators, who are appointed for terms of four years and until their successors are appointed and qualify.
(B) However, of those initially appointed, three members must be appointed for terms of two years each. The initial terms of all members must be designated by the appointing authority. At the expiration of their terms their successors must be appointed for terms of four years.
(C) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired term only.
(D) The members of the commission and staff receive compensation as may be appropriated by the county council.
(E) The commission shall appoint a voter registration officer who shall supervise the administrative and election responsibilities of the commission.
(F) The office of Commissioners of Election and the Registration Board for Florence County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Florence County created in subsection (A).
(G) The current members of the Florence County Election Commission and the Florence County Registration Board shall act as the governing commission of the new Florence County Registration and Elections Commission established in this section until such time as the seven members of this commission appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
(H) The Governor shall remove any member of the commission who in the opinion of the delegation fails to attend a sufficient number of meetings of the commission.
(I) The Code Commissioner shall make corrections to references in the 1976 Code to reflect changes consistent with the provisions of this section when the next cumulative supplement is printed.
SECTION 7-27-315. Georgetown County Board of Elections and Registration.
(A)(1) There is created the Georgetown County Board of Elections and Registration. There are nine members of the board who must be appointed by the Governor upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives who represent Georgetown County for terms of four years until their successors are appointed and qualify except of those first appointed, four must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(2) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(3) Members of the board receive compensation as may be appropriated by the General Assembly, which may be supplemented by the county governing body, and any staff support for the board must be assigned and paid as directed by the county governing body.
(4) One of the nine members of the board shall serve as its chairman and the member to serve as chairman must be chosen by the legislative delegation.
(5) A member who misses three consecutive meetings of the board is considered to have resigned his office and may not serve in holdover status. The resulting vacancy must be filled in the manner provided by item (2).
(B) The Georgetown County Election Commission and the Georgetown County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Georgetown County Board of Elections and Registration created by subsection (A).
(C) The current members of the Georgetown County Election Commission and the Georgetown County Registration Board shall act as the governing body of the new Georgetown County Board of Elections and Registration until the nine members are appointed in the manner provided by this section take office, at which time, the terms of the former commissioners of election and registration board members expire.
SECTION 7-27-320. Greenville County Election Commission and Greenville County Board of Registration; appointment and powers of members.
The Greenville County Election Commission and the Greenville County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-325. Greenwood County Election Commission and Greenwood County Board of Registration; appointment and powers of members.
The Greenwood County Election Commission and the Greenwood County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-330. Board of Elections and Voter Registration of Hampton County.
Notwithstanding any other provision of law:
(A) Effective March 1, 2008, there is established the Board of Elections and Voter Registration of Hampton County to be composed of nine members appointed to office by the Governor; four of the members must be appointed upon the recommendation of the senator representing the county, and the remaining five members must be appointed upon the recommendation of the legislative delegation from the county. A member may not be a paid employee of the board or of the former Hampton County Board of Voter Registration or of the former Hampton County Election Commission. The term of office for the members of the board is two years commencing on March first in each odd-numbered 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. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be re-elected to that office for any number of successive terms without limitation.
(B) The Governor shall notify the State Election Commission in writing of the appointments made in subsection (A).
(C) The Board of Elections and Voter Registration of Hampton County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board in subsection (A).
(D) Except as otherwise specifically provided in subsections (A), (B), and (C), the provisions of law contained in Title 7 relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Hampton County, mutatis mutandis.
(E)(1) The Hampton County Board of Voter Registration is abolished effective March 1, 2008, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Hampton County as established under subsection (A).
(2) The Hampton County Election Commission is abolished effective March 1, 2008, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Hampton County as established under subsection (A).
(F)(1) The terms of the members of the Hampton 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 as provided in subsection (E)(1).
(2) The terms of the members of the Hampton 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 as provided in subsection (E)(2).
(3) Notwithstanding items (1) and (2) or another provision of law, a person serving as a member of the Hampton County Board of Voter Registration or the Hampton County Election Commission may not be removed from office, and that board and that commission may not be abolished, until this section has been given final approval by the United States Department of Justice.
SECTION 7-27-335. Horry County Election Commission and Horry County Board of Registration; appointment and powers of members.
The Horry County Election Commission and the Horry County Board of Registration must have their members appointed and powers of their board and commission as provided by Sections 7-5-10 and 7-13-70.
SECTION 7-27-340. Board of Elections and Voter Registration of Jasper County.
Notwithstanding any other provision of law:
(A)(1) Effective March 15, 1994, there is established the Board of Elections and Voter Registration of Jasper County to be composed of nine members appointed to office by the Governor; four of the members must be appointed upon the recommendation of the senator representing the county and the remaining five members must be appointed upon the recommendation of the legislative delegation from the county. The term of office for the members of the board is two years commencing on the fifteenth day of March in each even-numbered 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. The members of the board by majority vote shall elect the board's chairman, and the chairman shall serve a term of two years and may be re-elected to that office for any number of successive terms without limitation.
(2) The Governor shall notify the State Election Commission in writing of the appointments made under item (1).
(3) The Board of Elections and Voter Registration of Jasper County shall notify the State Election Commission in writing of the name of the person elected as chairman of the board under item (1).
(4) Except as otherwise specifically provided in items (1), (2), and (3), the provisions of law contained in Title 7 relating to county boards of voter registration and county election commissions apply to the Board of Elections and Voter Registration of Jasper County, mutatis mutandis.
(B)(1) The Jasper County Board of Voter Registration is abolished effective March 15, 1994, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Jasper County as established under subsection (A).
(2) The Jasper County Election Commission is abolished effective March 15, 1994, and its functions, duties, and powers are devolved upon the Board of Elections and Voter Registration of Jasper County as established under subsection (A).
(C)(1) The terms of the members of the Jasper 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 as provided under subsection (B)(1).
(2) The terms of the members of the Jasper 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 as provided under subsection (B)(2).
(3) Notwithstanding items (1) and (2) of this subsection or any other provision of this section, a person serving as a member of the Jasper County Board of Voter Registration or the Jasper County Election Commission may not be removed from office, nor shall that board and that commission be abolished, until this section has been given final approval by the United States Department of Justice.
SECTION 7-27-345. Kershaw County Board of Elections and Registration.
(A)(1) There is created the Kershaw County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives who represent Kershaw County for terms of four years until their successors are appointed and qualify except of those first appointed, two must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(2) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(3) Members of the board receive compensation as may be appropriated by the General Assembly, which may be supplemented by the county governing body. Staff for the board must be paid by the county governing body but shall report to the board.
(4) The board shall elect from among its members a chairman and such other officers as it may consider desirable.
(5) A member who misses three consecutive unexcused meetings of the board is considered to have resigned his office and may not serve in holdover status. The resulting vacancy must be filled in the manner provided by subsection (A)(2).
(B)(1) The Kershaw County Election Commission and the Kershaw County Registration Board are abolished on the effective date of this section, and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Kershaw County Board of Elections and Registration created by subsection (A).
(2) The current members of the Kershaw County Election Commission and the Kershaw County Registration Board shall act as the governing body of the new Kershaw County Board of Elections and Registration until the seven members appointed in the manner provided by this section take office, at which time the terms of the former commissioners of election and registration board members expire.
SECTION 7-27-350. Registration and Election Commission for Lancaster County.
(A) There is created the Registration and Election Commission for Lancaster County. There are seven members of the commission who must be appointed by the Governor upon recommendation of the Lancaster County Legislative Delegation. However, seats 1, 3, 5, and 7 must be appointed for terms of four years and seats 2, 4, and 6 must be appointed for terms of two years. Successors to the members appointed to two-year terms shall serve terms of four years. Terms expire on March fifteenth of the appropriate year. A majority of the delegation shall approve the recommendation and include one-half of the members of the Senate and one-half of the members of the House of Representatives. Members of the commission must be appointed from numbered seats for terms of four years and until their successors are appointed and qualify.
(B) A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired term only.
(C) The office of Commissioners of Election and the Registration Board for Lancaster County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Election Commission for Lancaster County created in subsection (A).
(D) The current members of the Lancaster County Election Commission and the Lancaster County Registration Board shall act as the governing commission of the new Lancaster County Registration and Election Commission established by this section until such time as the seven members of this commission appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-355. Registration and Elections Commission for Laurens County.
(A) There is created the Registration and Elections Commission for Laurens County. There are nine members of the commission who must be appointed by a majority of the Laurens County Legislative Delegation, including the senator, who are appointed for terms of four years and until their successors are appointed and qualify, except that of those appointed in 2005, four must be appointed for terms of two years each and the remaining five members for terms of four years each. At the expiration of those members appointed for terms of two years, successors to those members must be appointed for terms of four years. A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. The members of the commission shall receive compensation as appropriated by the county council.
(B) The office of the Commissioners of Election and the Registration Board for Laurens County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Laurens County created in subsection (A).
SECTION 7-27-360. Lee County Board of Elections and Registration.
(A) There is created the Lee County Board of Elections and Registration. There are nine members of the board who must be appointed by the Governor upon the recommendation of a majority of the Lee County Legislative Delegation for terms of four years until their successors are appointed and qualify except that of those first appointed, four must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(B) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(C) Members of the board and its staff receive compensation as may be appropriated by the governing body of Lee County upon the recommendation of the county legislative delegation.
(D) One of the nine members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.
(E) 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 by subsection (B).
(F) The Lee County Election Commission and the Lee County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Lee County Board of Elections and Registration created by subsection (A).
SECTION 7-27-365. Registration and Elections Commission for Lexington County.
(A) There is created the Registration and Elections Commission for Lexington County. There must be seven members of the commission who must be appointed by a majority of the Lexington County Legislative Delegation, including the resident senators, who must be appointed for terms of four years and until their successors are appointed and qualify. A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. The members of the commission receive compensation as may be appropriated by the county council.
(B) The office of the Commissioners of Election and the Registration Board for Lexington County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Lexington County created in subsection (A).
SECTION 7-27-370. Registration and Elections Commission for Marion County.
(A) There is created the Registration and Elections Commission for Marion County. There are nine members of the commission who must be appointed by a majority of the Marion County Legislative Delegation, including the resident senators, who are appointed for terms of two years and until their successors are appointed and qualify. A vacancy on the commission may be filled by appointment in the manner of original appointment for the unexpired terms only. The members of the commission receive compensation as may be appropriated by the county council.
(B) The office of the Commissioners of Election and the Registration Board for Marion County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Registration and Elections Commission for Marion County created in subsection (A).
SECTION 7-27-375. Marlboro County Board of Elections and Registration.
(A) There is created the Marlboro County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of a majority of the Marlboro County Legislative Delegation for terms of four years until their successors are appointed and qualify except that of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.
(B) A vacancy on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.
(C) Members of the board and its staff receive compensation as may be appropriated by the governing body of Marlboro County upon the recommendation of the county legislative delegation.
(D) One of the seven members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.
(E) 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 by subsection (B).
(F) The Marlboro County Election Commission and the Marlboro County Registration Board are abolished on the effective date of this section and the powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Marlboro County Board of Elections and Registration created by subsection (A).
(G) The current members of the Marlboro County Election Commission and the Marlboro County Registration Board shall act as the governing body of the new Marlboro County Board of Elections and Registration established in this section until such time as the seven members of this board appointed in the manner provided by this section take office. At this time, the terms of these former commissioners of election and registration board members expire.
SECTION 7-27-380. Board of Election and Registration of McComick County.
(A) There is created the Board of Election and Registration of McCormick County. There are five members of the board who must be appointed upon recommendation of a majority of the McCormick County Legislative Delegation, including the senator, who are appointed for terms of four years and until their successors are appointed and qualify, except that initially in order to stagger terms, two members must be appointed for terms of two years. At the expiration of these two-year terms, successors must be appointed for terms of four years. The board shall elect officers as it considers necessary.
(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the delegation shall appoint the members of the board.
(C) A vacancy on the board may be filled by appointment in the manner of original appointment for the unexpired term only.
(D) Staff may be appointed and may be removed for cause by a majority vote of the members of the board.
(E) The board receives an annual appropriation from the governing body of McCormick County in an amount not less than that received for the operation of both the Commissioners of Election and Board of Registration for fiscal year 1994-1995.
(F) The office of the board must be located in the county office building unless relocation is recommended by the governing body of the county and approved by a majority of the House members representing a portion of McCormick County and a majority of the senators representing a portion of McCormick County.
(G) The office of Commissioners of Election and the Registration Board for McCormick County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the Board of Election and Registration