S*64 Session 112 (1997-1998)
S*0064(Rat #0005, Act #0003 of 1997) General Bill, By Holland
Similar(H 3281)
A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH
CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO
SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON
POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF
THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO
HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF
CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE
OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS
BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC
OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE
SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN
OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE
OFFICE TO WHICH HE IS ELECTED.
01/14/97 Senate Introduced and read first time SJ-105
01/14/97 Senate Referred to Committee on Judiciary SJ-105
01/30/97 Senate Committee report: Favorable Judiciary SJ-15
02/04/97 Senate Read second time S J-19
02/06/97 Senate Read third time and sent to House SJ-17
02/11/97 House Introduced and read first time
02/11/97 House Referred to Committee on Judiciary
02/12/97 House Recalled from Committee on Judiciary HJ-26
02/13/97 House Read second time HJ-21
02/13/97 House Unanimous consent for third reading on next
legislative day HJ-22
02/14/97 House Read third time and enrolled HJ-2
03/25/97 Ratified R 5
03/25/97 No signature required
04/10/97 Copies available
04/10/97 Act No. 3
(A3, R5, S64)
AN ACT TO RATIFY AN AMENDMENT TO SECTION 7,
ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA,
1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE
SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES;
AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI
RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON
POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE
POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE
THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS
BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL
LAW OR A VIOLATION OF CERTAIN ELECTION LAWS,
INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO
THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION
DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED
UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES
FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE
COMPLETION DATE OF SERVICE OF THE SENTENCE,
INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY
PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF
THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE
TO WHICH HE IS ELECTED.
Be it enacted by the General Assembly of the State of South Carolina:
Constitutional amendment ratified
SECTION 1. The amendment to Section 7, Article III of the
Constitution of South Carolina, 1895, prepared under the terms of Joint
Resolution 472 of 1996, having been submitted to the qualified electors
at the general election of 1996 as prescribed in Section 1, Article XVI of
the Constitution of South Carolina, 1895, and a favorable vote having
been received on the amendment, is ratified and declared to be a part of
the Constitution so that Section 7 of Article III is amended to read:
"Section 7. No person is eligible for a seat in the Senate or
House of Representatives who, at the time of his election, is not a duly
qualified elector under this Constitution in the district in which he may be
chosen. Senators must be at least twenty-five and Representatives at least
twenty-one years of age. No person who has been convicted of a felony
under state or federal law or convicted of tampering with a voting
machine, fraudulent registration or voting, bribery at elections, procuring
or offering to procure votes by bribery, voting more than once at
elections, impersonating a voter, or swearing falsely at elections/taking
oath in another's name, or who has pled guilty or nolo contendere to these
offenses, is eligible to serve as a member of the Senate or the House of
Representatives. However, notwithstanding any other provision of this
Constitution, this prohibition does not apply to a person who has been
pardoned under state or federal law or to a person who files for public
office fifteen years or more after the completion date of service of the
sentence, including probation and parole time, nor shall any person,
serving in office prior to the ratification of this provision, be required to
vacate the office to which he is elected."
Constitutional amendment ratified
SECTION 2. The amendment to Section 1, Article VI of the
Constitution of South Carolina, 1895, prepared under the terms of Joint
Resolution 472 of 1996, having been submitted to the qualified electors
at the general election of 1996 as prescribed in Section 1, Article XVI of
the Constitution of South Carolina, 1895, and a favorable vote having
been received on the amendment, is ratified and declared to be a part of
the Constitution so that Section 1 of Article VI is amended to read:
"Section 1. No person may be popularly elected to and serve in
any office in this State or its political subdivisions unless he possesses the
qualifications of an elector, is not disqualified by age as prescribed in this
Constitution, and has not been convicted of a felony under state or federal
law or convicted of tampering with a voting machine, fraudulent
registration or voting, bribery at elections, procuring or offering to
procure votes by bribery, voting more than once at elections,
impersonating a voter, or swearing falsely at elections/taking oath in
another's name, or has not pled guilty or nolo contendere to these
offenses. However, notwithstanding any other provision of this
Constitution, this prohibition does not apply to a person who has been
pardoned under state or federal law or to a person who files for public
office fifteen years or more after the completion date of service of the
sentence, including probation and parole time, nor shall any person,
serving in office prior to the ratification of this provision, be required to
vacate the office to which he is elected. No person may be elected or
appointed to office in this State for life or during good behavior, but the
terms of all officers must be for some specified period except officers in
the militia."
Findings
SECTION 3. The General Assembly is aware that pursuant to Joint
Resolution 470 of 1996 and Joint Resolution 472 of 1996 differing
amendments to Section 4, Article II of the Constitution were submitted to
the qualified electors at the general election of 1996 and a favorable vote
was received on both. The General Assembly in the ratification process
under Section 1, Article XVI of the Constitution has, therefore,
determined to ratify the provisions of Section 4, Article II as submitted to
and approved by the qualified electors pursuant to Joint Resolution 470
of 1996 and to ratify all amendments to the Constitution submitted to and
approved by the qualified electors pursuant to Joint Resolution 472 of
1996 except for the amendment therein to Section 4, Article II.
Ratified the 25th day of March, 1996.![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) ![Next](/images/next.gif) ![Previous](/images/prev.gif) |