H 4295 Session 125 (2023-2024) H 4295 Joint Resolution, By White, McCabe, A.M. Morgan, T.A. Morgan and Cromer
A joint Resolution
TO AMEND SECTIONS 3, 8, and 18 of
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. It
is proposed that Section 3,
Section 3. The members of the Supreme Court shall be elected by a joint public vote of the General Assembly appointed by the Governor, upon the advice and consent of the General Assembly, for a term of ten years, and shall continue in office until their successors shall be elected and qualified appointed and confirmed, 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.Advice and consent of the General Assembly means fifty percent plus one of the members of the Senate present and voting and fifty percent plus one of the members of the House of Representatives present and voting, such vote shall be recorded. Notwithstanding the ten-year term, members of the Supreme Court are subject to a merit retention vote during the first even-numbered year general election following their appointment and another merit retention vote every second even-numbered year thereafter prior to the expiration of their term of office. Vacancies occurring during the term of office of each judge must be filled by appointment of the Governor in accordance with the provisions of this section.
B. It is proposed that Section 8,
Section 8. The members of the Court of Appeals shall be elected by a joint public vote of the General Assembly appointed by the Governor upon the advice and consent of the General Assembly for a term of six years and shall continue in office until their successors shall be elected and qualify appointed and confirmed. 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.Advice and consent of the General Assembly means fifty percent plus one of the members of the Senate present and voting and fifty percent plus one of the members of the House of Representatives present and voting, such vote shall be recorded. Notwithstanding the six-year term, members of the Supreme Court are subject to a merit retention vote during the first even-numbered year general election following their appointment and another merit retention vote every second even-numbered year thereafter prior to the expiration of their term of office. Vacancies occurring during the term of office of each judge must be filled by appointment of the Governor in accordance with the provisions of this section.
C. It is proposed that Section 13,
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 recordedpopular election as provided by law. He 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. 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 officeas provided by law.
D. It is proposed that Section 18,
Section
18. All vacancies in the Supreme Court, Court of Appeals, or Circuit CourtAdministrative Law
Court shall be filled by elections as prescribed
in Sections 3, 8, and 13 of this
E. It is proposed that Section 27,
Section 27. In addition to the qualifications for
circuit court and court of appeals judges and Supreme Court justices contained
in this No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law.
SECTION 2. The proposed amendments in Section 1 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
Yes p
No p
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'." ----XX---- This web page was last updated on April 6, 2023 at 11:13 AM |