H 4577 Session 110 (1993-1994)
H 4577 General Bill, By Wilkins, B.O. Baker, Cato, H.H. Clyborne, Fair,
M.F. Jaskwhich and Vaughn
Similar(S 1029)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 20
in Title 7, relating to elections, so as to provide that members of the United
States House of Representatives and the United States Senate from this State
who have served for more than a specified number of years in their offices may
not seek election to the same office except by a write-in campaign with these
limits to apply only to terms beginning after 1994 and to make this act
effective only upon a favorable vote in a referendum held at the time of the
1994 general election.
01/20/94 House Introduced and read first time HJ-2
01/20/94 House Referred to Committee on Judiciary HJ-3
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 20 IN TITLE 7, RELATING TO
ELECTIONS, SO AS TO PROVIDE THAT MEMBERS OF THE
UNITED STATES HOUSE OF REPRESENTATIVES AND THE
UNITED STATES SENATE FROM THIS STATE WHO HAVE
SERVED FOR MORE THAN A SPECIFIED NUMBER OF YEARS IN
THEIR OFFICES MAY NOT SEEK ELECTION TO THE SAME
OFFICE EXCEPT BY A WRITE-IN CAMPAIGN WITH THESE
LIMITS TO APPLY ONLY TO TERMS BEGINNING AFTER 1994
AND TO MAKE THIS ACT EFFECTIVE ONLY UPON A
FAVORABLE VOTE IN A REFERENDUM HELD AT THE TIME OF
THE 1994 GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 7 of the 1976 Code is amended by adding:
"CHAPTER 20
Access to Federal Ballot
Section 7-20-10. Notwithstanding any other provisions of law, the
State Election Commission shall not accept or verify the signatures on
any nomination paper for any person, nor shall it certify or place on the
list of certified candidates for a primary, run-off, or general election, nor
print or cause to be printed on any ballot, ballot pamphlet, sample ballot,
or ballot label the name of any person who either:
(1) seeks to become a candidate for a seat in the United States House
of Representatives, and who, by the end of the then current term of
office will have served, or but for resignation would have served, as a
member of the United States House of Representatives representing any
portion or district of this State during six or more of the previous eleven
years; or
(2) seeks to become a candidate for a seat in the United States
Senate and who, by the end of the then current term of office, will have
served, or but for resignation would have served, as a member of the
United States Senate representing this State during twelve or more of the
previous twenty-four years.
Section 7-20-20. No candidate is restricted from the ballot under the
provisions of this chapter until some form of term limitation has been
enacted on the congressional delegation of at least twenty-five other
states. Congressional term limitation enacted in other states having
similar trigger mechanisms must be counted toward the twenty-five state
requirement for the purpose of this section.
Section 7-20-30. Nothing in this chapter prevents or prohibits a
qualified elector of this State from casting a ballot for any person by
writing the name of that person on the ballot, or from having such a
ballot counted or tabulated, nor does any provision of this chapter
prevent or prohibit a person from standing or campaigning for any
elective office by means of a write-in campaign."
SECTION 2. The State Election Commission shall conduct a
referendum at the time of the 1994 general election to determine if a
majority of the qualified electors of this State favor the provisions of
Chapter 20, Title 7 of the Code of Laws of South Carolina, 1976 as
added by this act. The question on the ballot must read substantially as
follows:
"Should a person who has been a member of the United States
House of Representatives from this State in at least six of the previous
eleven years or a person who has been a member of the United States
Senate from this State in at least twelve of the previous twenty-four
years be prohibited from seeking election to the same office by any
method other than a write-in campaign, with this restriction to apply
only for terms beginning after 1994?
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'."
The election laws of this State shall apply to this referendum, mutatis
mutandis. The State Board of Canvassers shall publish the results of the
referendum and certify them to the Code Commissioner. If a majority
"yes" vote is so certified, then the provisions of Chapter 20,
Title 7 of the 1976 Code shall take effect as provided in Section 3 of this
act. If a majority "no" vote is certified, then Chapter 20,
Title 7 of the 1976 Code as contained in Section 1 of this act shall not
take effect.
SECTION 3. Section 2 of this act takes effect upon approval by the
Governor. Section 1 of this act takes effect in the manner provided in
Section 2 of this act and if Chapter 20, Title 7 of the 1976 Code becomes
effective, it applies with respect to terms for members of the United
States Senate and United States House of Representatives beginning
after 1994. Service in these offices before January 1, 1995, does not
count for purposes of Chapter 20, Title 7 of the 1976 Code.
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