H 3281 Session 112 (1997-1998)
H 3281 General Bill, By Wilkins, H. Brown, J. Brown, Cato, Harrison, Haskins,
Sharpe and Townsend
Similar(S 64)
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 OR 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.
01/21/97 House Introduced and read first time HJ-18
01/21/97 House Referred to Committee on Judiciary HJ-18
02/12/97 House Committee report: Favorable Judiciary HJ-5
02/18/97 House Recommitted to Committee on Judiciary HJ-38
COMMITTEE REPORT
February 12, 1997
H. 3281
Introduced by Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato,
Harrison, Sharpe and Townsend
S. Printed 2/12/97--H.
Read the first time January 21, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3281), to ratify an amendment to
Section 7, Article III of the Constitution of South Carolina, 1895,
relating to qualifications of members, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES H. HARRISON, for Committee.
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.
Be it enacted by the General Assembly of the State of South
Carolina:
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."
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."
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.
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