South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

H. 3209

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Merrill, Rice, Vaughn, Scarborough, Hinson, Kirsh, Simrill and Toole
Document Path: l:\council\bills\bbm\10505sd05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Governor to appoint Magistrates

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/22/2004  House   Prefiled
  12/22/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-132
   1/11/2005  House   Referred to Committee on Judiciary HJ-132

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/22/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, RATHER THAN JUST THE SENATE, SHALL APPOINT MAGISTRATES FOR EACH COUNTY.

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

SECTION    1.    It is proposed that Section 26, Article V of the Constitution of this State be amended to read:

"Section 26.    The Governor, by and with the advice and consent of the Senate and the House of Representatives, shall appoint a number of magistrates for each county as provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State."

SECTION    2.    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 26, Article V of the Constitution of this State, relating to magistrates, be amended so as to provide that the Governor, with the advice and consent of the Senate and the House of Representatives, rather than just the Senate, shall appoint magistrates for each county?

Yes    []

No    []

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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