Did the 1989 act governing Horry County school board elections still apply in 1998?

Plain-English summary

A state research official asked whether the 1989 act setting Horry County Board of Education membership and election methods was still in force. The Attorney General said it was. The letter found no amendment since enactment and quoted the act's direction that successors to the original elected members continue to be chosen in the same manner at later general elections.

The opinion described the act's initial 1990 and 1992 elections, then treated its successor clause as continuing the election method until a statutory amendment. It did not resolve any later legislative change.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the Horry school board election plan expire after its first elections?
A: The AG said no. The act's successor provision kept the method in place for later elections.

Q: Could the election method change without a new statute?
A: The letter said the method continued until further amended by statute.

Q: What body did the opinion address?
A: It addressed membership and elections for the Horry County Board of Education under the identified local act.

Background and statutory framework

Act 287 set initial board elections and specified how successors were to be elected at subsequent general elections. The AG read that continuing language as controlling in 1998.

Citations and references

• Act 287, the local school board election act discussed in the letter.

Official title

As to whether Act. No. 287 of 1989 is still in effect and whether the Board of Education must still be elected from the same method as the county council to which Act 287 makes reference.

Requester

Mr. Bobby Bowers, Office Director, State Budget and Control Board

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-22-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98june22bowers.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATIORNEY GENERAL

June 22, 1998

I
I

Mr. Bobby Bowers, Office Director
State Budget and Control Board
Off ice of Research and Statistics
1000 Assembly Street, Suite 425
Columbia, South Carolina 29201
Dear Bobby:
This letter is in response to your letter dated June 22, 1998 concerning Act. No. 287 of 1989 which provides for the membership of Horry County Board of Education and the manner in which those members must be elected beginning with the 1990 elections. Your specific question is whether this Act is still in effect and whether the Board of Education must still be elected from the same method as the county council to which Act 287 makes reference.

I

bd;
Act 287, a review of which reflects has not been amended since it was enacted on May 31, 1989, sets forth a plan that revised the membership of the Horry County Board of Education and also provided for a manner in which those members must be elected beginning with the 1990 elections.

I

In addition to addressing the election of certain Board members to take place at the 1990 general election, Act 287 also provided election procedures for other Board members in the 1992 general election. That this method of electing members and successors to members as outlined in Act 287 is continuous until the Act is amended was specifically addressed by the fallowing pertinent language: The successors to the members elected in 1990 and 1992 must be elected in the same manner at the general elections every two or four years thereafter for terms of four years.

~

REMBERT

KeL}...,,,/

c. DENNIS BUILDING

;d rVu J'7r;

•

POST OFFICE Box 11549

•

COLUMBIA, S.C. 29211-1549

•

TELEPllONE: 803-734-3970

•

FACSIMILE: 803-253-6283

Mr. Bobby Bowers
June 22, 1998
Page 2

Therefore, per my review, Act 287 which sets forth a method of election for the membership of the Horry County Board of Education is still in effect and this method of election is continuous until further amended by statute.

I

This letter constitutes informal legal advice. It has been written by the designated Senior Assistant Attorney General and represents the advice of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have further questions, please let me know. Sincerely,

Jr.
Attorney General
CHJjr/src