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S. 11
STATUS INFORMATION
Joint Resolution
Sponsors: Senators McConnell, Moore, Campsen, Gregory and Richardson
Document Path: l:\s-jud\bills\mcconnell\jud0014.gfm.doc
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Members to elect President to preside over Senate; Provide for joint election of Governor and Lieutenant Governor
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/8/2004 Senate Prefiled
12/8/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-84
1/11/2005 Senate Referred to Committee on Judiciary SJ-84
3/15/2005 Senate Referred to Subcommittee: Martin (ch), Moore, Ritchie,
Malloy, Cromer, Campsen, Williams
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR; PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, RELATING TO THE QUALIFICATIONS OF JUSTICES AND JUDGES, SO AS TO DELETE AN OBSOLETE PARAGRAPH WHICH PROVIDES FOR CERTAIN QUALIFICATIONS OF SITTING JUSTICES AND JUDGES; PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE VI, RELATING TO THE OATH OF OFFICE FOR EXECUTIVE OFFICERS, SO AS TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECTION AND TO MAINTAIN OATHS FOR MEMBERS OF THE GENERAL ASSEMBLY UNDER ARTICLE III, SECTION 26.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:
"Section 37. The Senate shall, as soon as practicable after the convening of the General Assembly in 2005 and every four years thereafter, elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law."
SECTION 2. The proposed amendment 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 Article III of the Constitution of this State be amended so as to provide that the Senate shall, as soon as practicable after the convening of the General Assembly in 2005 and every four years thereafter, elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law?
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'."
SECTION 3. It is proposed that Section 8, Article IV of the Constitution of this State be amended to read:
"Section 8. (A) A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.
(B) Beginning with the General Election of 2006, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, before taking the first step required by law for his name to appear on the ballot, shall select a qualified person to serve as Lieutenant Governor.
(C) In any nominating process and in the general election, all candidates for the offices of Governor and Lieutenant Governor must be nominated or elected jointly in a manner prescribed by law so that each voter casts a single vote to nominate or elect a candidate for the office of Governor and Lieutenant Governor.
(D) The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected."
SECTION 4. The proposed amendment in Section 3 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 8, Article IV of the Constitution of the State be amended by adding a provision to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law so that each voter shall cast a single vote for a candidate for Governor and a candidate for Lieutenant Governor running together?
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'."
SECTION 5. It is proposed that Article IV of the Constitution of this State be amended by deleting Section 9 which reads:
"Section 9. The Senate shall as soon as practicable after the convening of the General Assembly choose a President Pro Tempore to act in the absence of the Lieutenant Governor. A member of the Senate acting as Lieutenant Governor shall thereupon vacate his seat and another person shall be elected in his stead."
SECTION 6. The proposed amendment in Section 5 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 Article IV of the Constitution of this State be amended so as to delete Section 9 which requires the Senate to choose a President Pro Tempore to act in the absence of the Lieutenant Governor as soon as practicable after the convening of the General Assembly and which requires a member of the Senate acting as Lieutenant Governor vacate his seat and another person elected in his stead?
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'."
SECTION 7. It is proposed that Article IV of the Constitution of this State be amended by deleting Section 10 which reads:
"Section 10. The Lieutenant Governor shall be President of the Senate, ex officio, and while presiding in the Senate, shall have no vote, unless the Senate be equally divided."
SECTION 8. The proposed amendment in Section 7 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 Article IV of the Constitution of this State be amended by deleting Section 10 which provides that the Lieutenant Governor is President of the Senate, ex officio, and while presiding in the Senate, has no vote, unless the Senate is equally divided?
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'."
SECTION 9. It is proposed that Section 12, Article IV of the Constitution of this State be amended to read:
"Section 12. (1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall must be discharged by the Lieutenant Governor as acting Governor.
(2) Whenever a majority of both the Attorney General, the Secretary of State, the Comptroller General and the State Treasurer, or a majority of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall must forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits a written declaration to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith immediately resume the powers and duties of his office unless the Attorney General and the State Treasurer, or a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith immediately consider and decide the issue, and if. If the General Assembly is not in session, it shall must assemble within forty-eight hours for the sole purpose of deciding such the issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall must continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office."
SECTION 10. The proposed amendment in Section 9 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 12, Article IV of the Constitution of this State be amended so that if both the Attorney General and the State Treasurer transmit to the President of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor must assume the powers and duties of the office as acting Governor?
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'."
SECTION 11. It is proposed that Section 15, Article V of the Constitution of this State be amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the court of appeals Court of Appeals, or judge of the circuit court Circuit Court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least thirty-two years, has not been a licensed attorney at law for at least eight years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future re-elections to that judicial office."
SECTION 12. The proposed amendment in Section 11 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 15, Article V of the Constitution of this State be amended so as to delete an obsolete provision which provides that any justice or judge serving in office that is under thirty-two years of age and does not have at least eight years of service as a licensed attorney at law may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future re-elections to that judicial office?
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'."
SECTION 13. 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 however, that if the unexpired term does not exceed one year, such the vacancy may be filled by the Governor with the advice and consent of the Senate, as provided by law. When a vacancy is filled by either appointment or election, the incumbent shall hold successor holds office only for the unexpired term of his predecessor."
SECTION 14. The proposed amendment in Section 13 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 18, Article V of the Constitution of this State be amended so as to provide that for vacancies in the Supreme Court, Court of Appeals, and Circuit Court where the unexpired term does not exceed one year, that the Governor may fill the vacancy with the advice and consent of the Senate?
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'."
SECTION 15. It is proposed that Section 5, Article VI of the Constitution of this State be amended to read:
"Section 5. Members of the General Assembly, and all All officers, before they enter upon the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God'."
SECTION 16. The proposed amendment in Section 15 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 5, Article VI of the Constitution of this State be amended so as to delete members of the General Assembly from the provision requiring executive officers to take an oath and to maintain the oath for members of the General Assembly in Article III, Section 26?
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'."
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