S 105 Session 111 (1995-1996)
S 0105 General Bill, By Ryberg, Elliott, Gregory, M.T. Rose and Wilson
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 1996 and to make this Act
effective only upon a favorable vote in a referendum held at the time of the
1996 General Election.
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-40
01/10/95 Senate Referred to Committee on Judiciary SJ-40
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 1996 AND TO MAKE THIS ACT
EFFECTIVE ONLY UPON A FAVORABLE VOTE IN A
REFERENDUM HELD AT THE TIME OF THE 1996 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 1996 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 is repealed.
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 1996. Service in these offices
before January 1, 1997, does not count for purposes of Chapter 20,
Title 7 of the 1976 Code.
-----XX----- |