S 126 Session 110 (1993-1994)
S 0126 Joint Resolution, By M.T. Rose and Passailaigue
Similar(S 252, S 745, H 3473, H 3732, H 4455)
A Joint Resolution proposing an amendment to Article XV of the Constitution of
South Carolina, 1895, relating to impeachment of certain Executive and
Judicial Officers of this State, by adding Section 4 so as to provide
procedures for recalling and removing from public office persons holding
public offices of the State or its political subdivisions in the executive and
legislative branches of State or local governments.
01/12/93 Senate Introduced and read first time SJ-60
01/12/93 Senate Referred to Committee on Judiciary SJ-60
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE XV OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL
OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO
PROVIDE PROCEDURES FOR RECALLING AND REMOVING
FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES
OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE
EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR
LOCAL GOVERNMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article XV of the Constitution of
this State be amended by adding at the end:
"Section 4. Persons holding public office in the executive
or legislative branch of state or local governments may be recalled by
the people as follows:
(1) As used in this section:
(a) 'Public office' means a position of duty, trust, or authority
in the executive or legislative branch of government created by the
Constitution, the General Assembly, or a political subdivision through
authority conferred by the Constitution or the General Assembly that
is filled by a vote of qualified electors for a definite term of office
fixed by law.
(b) 'Political subdivision' means a local government unit,
including, but not limited to, a county, municipal corporation, school
district, or special purpose district.
(c) 'State-district' means a house of representatives or senatorial
district or a judicial circuit.
(2) (a) Every person holding a public office of the State or any
of its political subdivisions in the executive or legislative branch of
state or local government, filled by a vote of qualified electors, is
subject to recall from the office.
(b) A public officer holding an elective office may be recalled
by the qualified electors entitled to vote for his successor.
(c) Physical or mental lack of fitness, incompetence, violation
of his oath of office, official misconduct, or conviction of a felony
offense enumerated in the current statutory laws of South Carolina is
the only basis for recall. No person may be recalled for performing
a mandatory duty of the office he holds or for not performing any act
that, if performed, would subject him to prosecution for official
misconduct.
(3) The recall is cumulative and additional to, rather than a
substitute for, other methods for removal of public officers.
(4) (a) Every person who is a qualified elector of this State may
sign a petition for recall of a state officer.
(b) Every person who is a qualified elector of a district of the
State from which a state-district officer is elected may sign a petition
for recall of a state-district officer of that district.
(c) Every person who is a qualified elector of a political
subdivision of this State may sign a petition for recall of an officer of
that political subdivision. However, if a political subdivision is
divided into election districts, a person must be a qualified elector in
the election district to be eligible to sign a petition to recall an officer
elected from that election district and the signature requirements of
item (6) apply only to persons registered in the appropriate election
district.
(5) (a) A recall petition may not name more than one officer to
be recalled.
(b) No recall petition against an officer may be approved for
circulation, as required in item (9)(c) of this section, until he has held
office for three months.
(c) No recall petition may be filed against an officer for whom
a recall election has been held for a period of two years during his
term of office unless the State or political subdivision financing the
recall election first is reimbursed for all expenses of the preceding
recall election.
(6) Recall petitions for state officers must contain the signatures
of qualified electors equaling at least fifteen percent of the number of
persons registered to vote at the preceding state general election. A
petition for the recall of a state-district officer must contain the
signatures of qualified electors equaling at least twenty-five percent of
the number of persons registered to vote in the last preceding election
in that district. Recall petitions for county officers must contain the
signatures of qualified electors equaling at least twenty-five percent of
the number of persons registered to vote at the preceding county
general election. Recall petitions for elected or appointed officers of
municipalities, special purpose districts, or school districts must
contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote at the
preceding election for offices of the municipality, special purpose
district, or school district.
(7) (a) Recall petitions must be filed with the official who is
provided by law to accept the declaration of nomination or petition for
nomination for the office.
(b) If the appropriate filing official refuses to accept and file
a petition for recall with the proper number of signatures of qualified
electors, an elector within ten days after the refusal may apply to the
circuit court for a writ of mandamus. If it is determined that the
petition is sufficient, the circuit court shall order the petition to be
filed with a certified copy of the writ attached as of the date when it
was offered for filing originally. On a showing that a filed petition is
not sufficient, the court may enjoin certification, printing, or recall
election.
(c) All suits or appeals therefrom must be advanced on the court
docket and heard and decided by the court as expeditiously as
possible.
(d) An aggrieved party may file an appeal within ten days after
an adverse order or decision as provided by law.
(8) (a) The form of the recall petition is substantially as follows:
'RECALL PETITION
To the Honorable ............., (name and office of filing officer): We,
the undersigned qualified electors of the State of South Carolina (or
name of appropriate state-district or political subdivision and
appropriate election district) respectfully petition that an election be
held as provided by law on the question of whether ...........................,
holding the office of ..........................., should be recalled for the
following reasons: (Setting out a general statement of the reasons for
recall in not more than two hundred words). By his signature each
signer certifies: I have personally signed this petition; I am a qualified
elector of the State of South Carolina and (name of appropriate
political subdivision and appropriate election district); and my
residence and post office address are correctly written after my name
to the best of my knowledge and belief.'
(b) Numbered lines must follow the above heading. Each
numbered line must contain spaces for the signature, post office
address, and printed last name of the signer. Each separate sheet of
the petition must contain the heading and reasons for the proposed
recall as prescribed above.
(9) (a) The signatures on each petition must be placed on sheets
of paper known as circulation sheets. Each circulation sheet must be
substantially 8 1/2 x 14 inches or a continuous sheet may be folded so
as to meet this size limitation. The circulation sheets must be ruled
with a horizontal line 1 1/2 inches from the top. The space above the
line must remain blank and must be for the purpose of binding.
(b) The petition, for purposes of circulation, may be divided
into sections, each section to contain not more than twenty-five
circulation sheets.
(c) Before a petition may be circulated for signatures, a sample
circulation sheet must be submitted to the officer with whom the
petition must be filed in the form in which it must be circulated. The
filing officer shall review the petition for sufficiency as to form and
approve or reject the form of the petition, stating his reasons, within
one week of receiving the sheet.
(d) The petition form submitted must be accompanied by a
written statement containing the reasons for the desired recall as stated
on the petition. The truth of purported facts contained in the
statement must be sworn to by at least one of the petitioners before a
person authorized to administer oaths.
(e) The filing officer shall number serially all approved petitions
continuously from year to year.
(10) (a) Signed circulation sheets or sections of a petition for
recall must be submitted to the officer responsible for registration of
electors in the county in which the signatures were obtained within
three months of the date the form of the petition was approved under
item (9).
(b) An affidavit, in substantially the following form, must be
attached to each circulation sheet or section submitted to the county
officer:
'........................(Name of person circulating petition), being first
sworn, deposes and says: I circulated or assisted in circulating the
petition to which this affidavit is attached, and I believe the signatures
thereon are genuine, are the signatures of the persons whose names
they purport to be, and that the signers knew the contents of the
petition before signing it. ...................................(Signature)
Subscribed and sworn before me this .... day of
......., 19..
................(Person authorized to take oaths)
...........(Title or notarial information) Seal'.
(11) (a) The county election commission in each county in which
a petition is signed shall verify and compare the signatures of each
person who has signed the petition to assure that he is an elector in
that county and, if satisfied the signatures are genuine, certify that fact
to the officer with whom the recall petition is to be filed, in
substantially the following form:
'To the Honorable ..............., (Name and title of filing officer):
I, ......., ..... (Title) of .......... County certify that I have compared
the signatures on ..... sheets (Specifying number of sheets) of the
petition for recall No. ..... attached, in the manner prescribed by law,
and I believe .... (Number) signatures are valid for the purpose of the
petition. I further certify that the affidavit of the circulator of the
(sheet) (section) of the petition is attached and that the post office
address is completed for each valid signature.
Signed ......... (Date) ......... (Signature)
Seal ...................(Title)'.
(b) The certificate is prima facie evidence of the facts stated in
it, and the officer receiving the recall petition may consider and count
only the signatures as are certified. However, the officer with whom
the recall petition is filed shall consider and count any remaining
signatures of the registered voters which prove to be genuine, and
those signatures must be considered and counted if they are attested
to in the manner and form as provided contested ballots in general
elections.
(c) The county election commission may not retain any portion
of a petition for more than thirty days following the receipt of that
portion. At the expiration of the thirty-day period, the commission
clerk shall certify the valid signatures on that portion of the petition
and deliver it to the person with whom the petition is required to be
filed.
(12) Upon filing the petition or a portion of the petition containing
the number of valid signatures required under item (5), the official
with whom it is filed shall give written notice immediately to the
officer named in the petition. The notice must state that a recall
petition has been filed, must set forth the reasons contained in it, and
must notify the officer named in the recall petition that he has the
right to prepare and have printed on the ballot a statement containing
not more than two hundred words giving reasons why he should not
be recalled. No statement of justification may be printed on the ballot
unless it is delivered to the filing official within ten days of the date
notice is given.
(13) (a) If the officer named in the petition for recall submits his
resignation in writing, it must be accepted and become effective the
day it is offered. The vacancy created by the resignation must be
filled as provided by law, provided that the officer named in the
petition for recall may not be appointed to fill the vacancy. If the
officer named in the petition for recall refuses to resign or does not
resign within five days after the petition is filed, a special election
must be called unless the filing is within ninety days of a general
election, in which case the question must be placed on a separate
ballot at the same time as the general election.
(b) The call of a special election must be made by the Governor
in the case of a state or state-district officer or by the board or officer
empowered by law to call special elections for a political subdivision
in the case of any officer of a political subdivision of the State.
(14) The notice of a recall election must be in substantially the
following form:
'NOTICE OF RECALL ELECTION
Notice is hereby given pursuant to law that a recall election will be
held on ......... (Date) for the purpose of voting upon the recall of
........... who holds the office of ...............................................
DATED at ............, ......... (Date)'.
(15) A special election for recall must be conducted and the results
canvassed and certified in the same manner that the law in effect at
the time of the election for recall requires for an election to fill the
office that is the subject of the recall petition, except as otherwise
provided in this section. The powers and duties conferred or imposed
by law upon election commissioners, registration officers, canvassing
boards, and other public officials who conduct general elections are
conferred and imposed upon similar officers conducting recall
elections under the provisions of this section together with the
penalties prescribed for breach.
(16) (a) The ballot at a recall election shall set forth the statement
contained in the recall petition stating the reasons for demanding the
recall of the officer and the officer's statement of reasons why he
should not be recalled. The question of whether the officer should be
recalled must be placed on the ballot in a form similar to the
following:
[] FOR recalling ......... who holds
the office of ............
[] AGAINST recalling ..... who holds
the office of ............
(b) The form of the ballot must be approved as provided in the
election laws of this State.
(17) Expenses of a recall election must be paid in the same manner
as the expenses for any other election. The expenditure of the funds
constitutes an emergency expenditure of funds, and the political
subdivision affected may fund the costs of a recall election through
emergency funding procedures. If a recall election is held for a state
or state-district officer, the General Assembly shall appropriate funds
to reimburse the counties involved for costs incurred in conducting the
election.
(18) The officer named in the recall petition continues in office
until he resigns or the results of the recall election officially are
declared. If a majority of those voting on the question vote to remove
the officer, the office becomes vacant and the vacancy must be filled
as provided by law, provided that the officer recalled may not be
appointed to fill the vacancy."
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 thereon:
"Shall Article XV of the Constitution of this State be amended
to add Section 4 so as to provide that any person holding a public
office of the State or any of its political subdivisions who is elected
by a vote of the qualified electors for a definite term fixed by law
must be recalled and removed from office if at least fifteen percent of
the qualified electors of this State in the case of a state-elected officer
or at least twenty-five percent of the qualified electors of a state-district office in the case of state-district officers or twenty-five
percent of the qualified electors of a county, municipal corporation,
school district, or special purpose district or twenty-five percent of an
election district thereof in the case of single member districts in the
case of an officer of any of those entities, by petition request a special
election to determine whether or not the qualified electors of the State
or political subdivision desire to recall and remove the official and if
a majority of those persons voting in the special election vote in favor
of recalling and removing the official?
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'."
-----XX----- |