SB420 PS AM 3-3

Roskovensky 3338


    The Committee on Political Subdivisions moves to amend the bill on page 2, by striking everything after the enacting clause and inserting in lieu thereof the following:


§7-1-1b. Legislative findings; qualifications for county commissioners.

    (a) The Legislature finds that:

    (1) There is confusion concerning when a candidate for county commission must be a resident of the magisterial district for which he or she wants to represent seeks election;

    (2) The Supreme Court has discussed the residency requirement in several cases and has conflicting interpretations;

    (3) It is imperative that this issue be permanently resolved at the time of filing to ensure the citizens have a choice on the ballot;

    (4) It is essential the citizens know they are voting for a person who is qualified to be a candidate; and

    (5) With the expense of holding an election, tax payer moneys should not be wasted of on officials who could never serve.

    (b) A candidate for the office of county commissioner shall be a resident from of the magisterial district for which he or she is seeking election:

    (1) By the last day to file a certificate of announcement pursuant to section seven, article five, chapter three of this code; or

    (2) At the time of his or her appointment by the county executive committee or the chairperson of the county executive committee.

    (c) A person shall be a resident of the magisterial district from which he or she is seeking election as county commissioner and from which he or she was appointed or elected county commissioner and maintain that residency throughout his or her candidacy and his or her term of office. Provided, That a person or a commissioner is not disqualified or ineligible if he or she changes residency to a magisterial district within which no other commissioner resides.

    (1) If a candidate is disqualified for noncompliance with the residency requirements provided in this section, then the legally qualified candidate who received the next highest number of votes in that election shall fill the open seat on the county commission.     (2) If a county commissioner no longer resides in the magisterial district for which he or she was elected or appointed, his or her seat is deemed vacant and filled according to the provision of section seven, article ten, chapter three: Provided, That should boundaries of a magisterial district be changed during the term of a commissioner which results in him or her no longer residing in the magisterial district from which he or she was elected, the commissioner may serve out the remainder of his or her term.

    (d) This section does not apply to events which occurred before the effective date of this section.