Hilton Head PSD Commission Redistricting

The 2020 Census presents new challenges regarding redistricting as the data below the state level will be affected by the U.S. Census Bureau’s efforts with respect to differential privacy. The Bureau has stated that the total population in each state will be “as enumerated,” but that all other levels of geography could have some variance from the raw data. This variance is referred to by the Census Bureau as “injecting noise” into the data and is an attempt to improve privacy. The bureau has indicated that no “noise” will be injected into the state total population, but it is likely that noise will be injected for every other level of geography. More noise is injected as the geography levels get smaller. In other words, population counts at the county, city, or block level may not be “as enumerated”.

Race is defined following the guidance provided in OMB Bulletin No. 00-02 which allocates population counts of a “minority race and white” category to the minority race. In Tables 2 and 3, NH DOJ Black is the sum of Non-Hispanic Black and Non-Hispanic Black and White as recommended by the Department of Justice (DOJ).

• The requirement of “one person, one vote” under the Equal Protection Clause of the 14th Amendment and accepted variances.
• The Voting Rights Act, primarily Section 2, which protects the interest of the racial minority population. 
• Other applicable court decisions and federal and state law.

• Districts or wards will be drawn contiguously, so that all parts of the district or ward are connected to each other.
• Districts or wards will be drawn to minimize the division of voting precincts.
• Districts or wards will be geographically compact to the extent practicable, such that nearby areas of population are not bypassed for a more distant population.
• Districts or wards will be drawn, when feasible, with respect to existing districts and communities of interest, which will require input from Council and the citizens.
• Districts or wards will be drawn to comply with other applicable court decisions and federal and state laws.

Per Act 124 of 2003, an act to amend Act 596 of 1969, as last amended by Act 1357 of 1974 the Hilton Head No. 1 Public Service District “shall consist of seven residents of the district who must be qualified electors of the district.”

Additionally, Act 124 of 2003 divides the district into “four election districts as follows:

District One from which one commissioner shall reside in and be elected by the qualified electors of that district; District Two from which one commissioner shall reside in and be elected by the qualified electors of that district; District Three from which two commissioners shall reside in and be elected by the qualified electors of that district; and District Four from which three commissioners shall reside in and be elected by the qualified electors of that district.”

Act 93 of 2023 was approved on June 19, 2023, to amend Act 596 of 1969, as last amended by Act 124 of 2003. Section 3 is amended to read:

SECTION 3.

(A) The district must be operated, managed, and governed by a commission to be known as “Hilton Head No. 1 Public Service District Commission”. The commission shall consist of seven residents of the district who must be qualified electors of the district.

(B) The commissioners shall be elected from seven election districts established by the commission and properly apportioned with the assistance of the appropriate state agencies. The commission is authorized to participate in redistricting as necessary to comply with state and federal laws.

(C) On the first Tuesday after the first Monday in November 2024, four commissioners, one from District Two, one from District Three, and two from District Four, as previously elected pursuant to Act 124 of 2003, shall be considered for election in accordance with the election districts established pursuant to subsection (B). On the first Tuesday after the first Monday in November 2026, the three remaining commissioners, one from District One, one from District Two, and one from District Four, as previously elected pursuant to Act 124 of 2003, shall be considered for election in accordance with the election districts established pursuant to subsection (B). Candidates shall file a statement of intention of candidacy with the county board of elections and registration pursuant to Section 7-13-35 of the S.C. Code, as amended. Commissioners shall reside in and be elected by the qualified electors of their respective election districts established pursuant to subsection (B). Commissioners must be elected for terms of four years until their successors are elected and qualify.

(D) The Beaufort County Board of Elections and Registration shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190 of the S.C. Code.