Appointment of county commissioners of election; oath; training and certification
Effective Jun 18, 20071962 Code Section 23-400; 1952 Code Section 23-306; 1950 (46) 2059; 1961 (52) 48; 1966 (54) 2340; 1968 (55) 2316; 1970 (56) 2367; 1988 Act No. 422, Section 3, eff March 28, 1988; 1990 Act No. 357, Section 2, eff March 19, 1990; 1990 Act No. 497, Section 1, eff May 29, 1990; 1992 Act No. 253, Section 5, eff February 19, 1992; 1996 Act No. 465, Section 3, eff August 21, 1996; 1998 Act No. 304, Section 3, eff May 27, 1998; 2007 Act No. 100, Section 3, eff June 18, 2007.
- (A) For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment, the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: "I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God".
- (B) The oath must be filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C)
- (1) Each commissioner, and each staff person as designated by the commission, must complete, within eighteen months after the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2)
- (a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
- (i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
- (ii) ninety days after the effective date of this section.
- (c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
- (3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
- (4) Following completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year.
HISTORY: 1962 Code Section 23-400; 1952 Code Section 23-306; 1950 (46) 2059; 1961 (52) 48; 1966 (54) 2340; 1968 (55) 2316; 1970 (56) 2367; 1988 Act No. 422, Section 3, eff March 28, 1988; 1990 Act No. 357, Section 2, eff March 19, 1990; 1990 Act No. 497, Section 1, eff May 29, 1990; 1992 Act No. 253, Section 5, eff February 19, 1992; 1996 Act No. 465, Section 3, eff August 21, 1996; 1998 Act No. 304, Section 3, eff May 27, 1998; 2007 Act No. 100, Section 3, eff June 18, 2007.