S 226 Session 111 (1995-1996)
S 0226 Joint Resolution, By Ford
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO JUDICIAL CIRCUITS, WHICH
WOULD REQUIRE THAT THE GENERAL ASSEMBLY DIVIDE THE STATE INTO JUDICIAL
CIRCUITS OF COMPACT AND CONTIGUOUS TERRITORY WITH THREE CIRCUITS COMPOSING
EACH OF THE SIX CONGRESSIONAL DISTRICTS; THAT THE GENERAL ASSEMBLY REAPPORTION
JUDICIAL CIRCUITS DECENNIALLY AND ENSURE THAT EACH HAS APPROXIMATELY THE SAME
POPULATION; AND PROVIDE THAT FOR EACH CIRCUIT A JUDGE SHALL BE ELECTED BY A
PUBLIC VOTE OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ANY PORTION OF
A DISTRICT WITHIN A JUDICIAL CIRCUIT.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-77
01/10/95 Senate Referred to Committee on Judiciary SJ-77
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO JUDICIAL CIRCUITS, WHICH WOULD
REQUIRE THAT THE GENERAL ASSEMBLY DIVIDE THE
STATE INTO JUDICIAL CIRCUITS OF COMPACT AND
CONTIGUOUS TERRITORY WITH THREE CIRCUITS
COMPOSING EACH OF THE SIX CONGRESSIONAL
DISTRICTS; THAT THE GENERAL ASSEMBLY
REAPPORTION JUDICIAL CIRCUITS DECENNIALLY AND
ENSURE THAT EACH HAS APPROXIMATELY THE SAME
POPULATION; AND PROVIDE THAT FOR EACH CIRCUIT A
JUDGE SHALL BE ELECTED BY A PUBLIC VOTE OF THE
MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING
ANY PORTION OF A DISTRICT WITHIN A JUDICIAL
CIRCUIT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 13, Article V of the
Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the
State into judicial circuits of compact and contiguous territory. For
each circuit a judge or judges shall be elected by a joint public vote
of the General Assembly; provided, that in any contested election,
the vote of each member of the General Assembly present and
voting shall be recorded. He shall hold office for a term of six
years, and at the time of his election he shall be an elector of a
county of, and during his continuance in office he shall reside in,
the circuit of which he is judge.
The General Assembly may by law provide for additional
circuit judges, to be assigned by the Chief Justice. Such additional
circuit judges shall be elected in the same manner and for the same
term as provided in the preceding paragraph of this section for other
circuit judges, except that residence in a particular county or circuit
shall not be a qualification for office. The General
Assembly shall divide the State into judicial circuits of compact and
contiguous territory with each of the six congressional districts
composed of three circuits. The General Assembly shall
reapportion judicial circuits decennially and ensure that each has
approximately the same population.
For each circuit a judge shall be elected by a public vote of the
members of the General Assembly representing any portion of a
district within a judicial circuit; provided, that in any contested
election, the vote of each member present and voting shall be
recorded. He shall hold office for a term of six years, and at the
time of his election he shall be an elector of a county of, and during
his continuance in office he shall reside in, the circuit of which he
is judge.
The General Assembly may by law provide for additional circuit
judges to be assigned by the Chief Justice. Such additional circuit
judges shall be elected by a joint public vote of the General
Assembly; provided, that in any contested election, the vote of each
member of the General Assembly present and voting shall be
recorded for the same term as provided in this section for other
circuit judges."
SECTION 2. The proposed amendment must be submitted to
the qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballots:
"Shall Section 13, Article V of the Constitution of this
State be amended to provide that the General Assembly divide the
State into judicial circuits of compact and contiguous territory with
each of the six congressional districts composed of three circuits
with the General Assembly reapportioning the judicial circuits
decennially to ensure that each has approximately the same
population, and provide that for each circuit a judge shall be elected
by a public vote of the members of the General Assembly
representing any portion of a district within a judicial circuit?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word `Yes' and those
voting against the question shall deposit a ballot with a check or
cross mark in the square after the word `No'."
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