S 1267 Joint Resolution, By Ryberg and Wilson
 A Joint Resolution proposing an amendment to Section 3, Article V of the
 Constitution of South Carolina, 1895, relating to the election of members of
 the Supreme Court, so as to provide that members of the Supreme Court shall be
 popularly elected from the State-at-large by the qualified voters of the State
 in a nonpartisan election; to amend Section 8, Article V of the Constitution
 of this State, relating to election of members of the Court of Appeals, so as
 to provide that judges of the Court of Appeals shall be popularly elected from
 the State-at-large by the qualified voters of the State in a nonpartisan
 election; to amend Section 13, Article V of the Constitution of this State,
 relating to judicial circuit judges, so as to provide that circuit court
 judges shall be popularly elected from the judicial circuits divided by the
 General Assembly by the qualified voters of each circuit in a nonpartisan
 election; and to amend Section 18, Article V of the Constitution of this
 State, relating to the filling of vacancies on the Supreme Court, Court of
 Appeals, and Circuit Court, so as to provide that all vacancies must be filled
 by appointment by the Governor, with the advice and consent of the Senate, for
 the unexpired term of the predecessor.

   03/20/96  Senate Introduced and read first time SJ-6
   03/20/96  Senate Referred to Committee on Judiciary SJ-6

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 8, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM THE STATE AT-LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A NONPARTISAN ELECTION; TO AMEND SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A NONPARTISAN ELECTION; AND TO AMEND SECTION, 18 ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE FILLING OF VACANCIES ON THE SUPREME COURT, COURT OF APPEALS AND CIRCUIT COURT, SO AS TO PROVIDE THAT ALL VACANCIES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE UNEXPIRED TERM OF THE PREDECESSOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 3, Article V of the Constitution of South Carolina, 1895, be amended to read:

"Section 3. The members of the Supreme Court shall be elected from the state at-large by a joint public popular vote of the General Assembly qualified voters of the state in a nonpartisan election for a term of ten years, and shall continue in office until their successors shall be elected and qualified, and shall be classified so that the term of one of them shall expire every two years. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. When the term of each justice who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section. The term of any justice who was elected by the General Assembly whose term expires in any odd-numbered year is hereby extended until December thirty-first of the next even-numbered year."

SECTION 2. It is proposed that Section 8, Article V of the Constitution of this State be amended to read:

"Section 8. The members of the Court of Appeals shall be elected from the state at-large by a joint public popular vote of the General Assembly qualified voters of the state in a nonpartisan election for a term of six years and shall continue in office until their successors shall be elected and qualify. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms. When the term of each judge who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section. The term of any judge who was elected by the General Assembly whose term expires in any odd-numbered year is hereby extended until December thirty-first of the next even-numbered year."

SECTION 3. 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 Circuit Court judges shall be elected from the judicial circuits divided by the General Assembly. One or more judges shall be elected from each judicial circuit by popular vote of the qualified voters of the circuit in a nonpartisan election. When the term of each judge who was elected by the General Assembly expires, his successor shall be elected in the manner provided in this section. The term of any judge who was elected by the General Assembly whose term expires in any odd-numbered year is hereby extended until December thirty-first of the next even-numbered year. He Each Circuit Court judge 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, provided that a Circuit Court judge whose seat was established by the General Assembly by law and who was elected by the General Assembly without regard to residence in a particular county or circuit whose seat is assigned by law to a judicial circuit does not have to be a resident of the circuit to which his seat is assigned and may seek re-election when his term expires in the nonpartisan election held pursuant to this section in the circuit to which his seat is assigned. 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."

SECTION 4. It is proposed that Section 18, Article V of the Constitution of this State be amended to read:

"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled by elections as prescribed in Sections 3, 8, and 13 of this article; provided, that if the unexpired term does not exceed one year such vacancy may be filled by the Governor with the advice and consent of the Senate. When a vacancy is filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."

SECTION 5. 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 ballot:

"Must Section 3, Article V of the Constitution of this State be amended so as to provide that the members of the Supreme Court shall be elected from the state at-large by a popular vote of the qualified voters of the state; must Section 8, Article V of the Constitution of this State be amended so as to provide that members of the Court of Appeals shall be elected from the state at-large by a popular vote of the qualified voters of the State; must Section 13, Article V of the Constitution of this State be amended so as to provide that circuit court judges shall be elected from the judicial circuits divided by the General Assembly by popular vote of the qualified voters of each circuit; and must Section, 18 Article V of the Constitution of this State be amended so as to provide that all vacancies on the Supreme Court, Court of Appeals and Circuit Court must be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term of the predecessor?

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'."