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H. 3462
STATUS INFORMATION
General Bill
Sponsors: Reps. Hinson, E.H. Pitts, Huggins, Toole, Frye, Clark, Ballentine, Bingham, J. Brown, Ceips, Duncan, Emory, Hardwick, Herbkersman, Kirsh, Littlejohn, Lloyd, Mahaffey, M.A. Pitts, J.R. Smith, Stewart, Umphlett, Walker and White
Document Path: l:\council\bills\ms\7100ahb05.doc
Introduced in the House on February 3, 2005
Currently residing in the House Committee on Judiciary
Summary: Prohibition against being elected to judicial office
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2005 House Introduced and read first time HJ-16
2/3/2005 House Referred to Committee on Judiciary HJ-16
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 2-19-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST MEMBERS OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO JUDICIAL OFFICE WHILE SERVING AND CONTINUING THIS PROHIBITION FOR AN ADDITIONAL PERIOD OF ONE YEAR, SO AS TO EXTEND THE PROHIBITION TO AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY AND TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) As used in this section, 'immediate family member' means an individual who is:
(1) a child residing in the person's household;
(2) a spouse of the person; or
(3) claimed by the person or the person's spouse as a dependent for income tax purposes.
(B) No member of the General Assembly or member of his immediate family may be elected to a judicial office while he the member is serving in the General Assembly nor shall that person may a member of the General Assembly or a member of his immediate family be elected to a judicial office for a period of one year after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) (C) The privilege of the floor in either house of the General Assembly may not be granted to any a candidate or any an immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) (D) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No member of the General Assembly may offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) (E) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) (F) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 2. This act takes effect upon approval by the Governor.
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