H 3894 Session 110 (1993-1994)
H 3894 Joint Resolution, By J.L.M. Cromer, Allison, R.A. Barber, H. Brown,
A.W. Byrd, Canty, Cato, C.D. Chamblee, Davenport, Delleney, R.C. Fulmer, Gamble,
S.E. Gonzales, Govan, H.M. Hallman, Harrell, J.L. Harris, P.B. Harris, J. Hines,
D.N. Holt, W.S. Houck, H.G. Hutson, M.F. Jaskwhich, Jennings, Keegan, Kelley,
W.D. Keyserling, Klauber, McKay, Meacham, Neilson, Quinn, Richardson, Riser,
J.S. Shissias, Simrill, R. Smith, Spearman, Stille, C.H. Stone, P.H. Thomas,
Vaughn, C.Y. Waites, D.C. Waldrop, Wilkes, D.A. Wright, Young-Brickell and
R.M. Young
Similar(S 77)
A Joint Resolution proposing an amendment to Article III, Section 7 of the
Constitution of South Carolina, 1895, relating to qualifications of members of
the State Senate and House of Representatives, and to Article VI, Section 1,
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, including a plea of guilty or nolo
contendere to these offenses.
04/07/93 House Introduced and read first time HJ-40
04/07/93 House Referred to Committee on Judiciary HJ-40
05/12/93 House Committee report: Favorable with amendment
Judiciary HJ-38
05/26/93 House Amended HJ-51
05/26/93 House Read second time HJ-53
05/26/93 House Roll call Yeas-097 HJ-54
05/27/93 House Read third time and sent to Senate HJ-114
06/01/93 Senate Introduced and read first time SJ-45
06/01/93 Senate Referred to Committee on Judiciary SJ-45
04/27/94 Senate Committee report: Favorable with amendment
Judiciary SJ-11
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 27, 1994
H. 3894
Introduced by REPS. Cromer, A. Young, Quinn, Meacham, Fulmer,
Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson,
Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines,
Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright,
Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell,
Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley,
Gonzales, Holt, Delleney, Jennings, Canty and Wilkes
S. Printed 4/27/94--S.
Read the first time June 1, 1993.
THE COMMITTEE ON JUDICIARY
To whom was referred a Joint Resolution (H. 3894), proposing an
amendment to Article III, Section 7 of the Constitution of South
Carolina, 1895, relating to qualifications of members of the State Senate
and House of Representatives, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 32, in
SECTION 1, by striking /punishable by imprisonment of not less than
five years/.
Amend the bill further, as and if amended, page 2, beginning on line
15, in SECTION 2, by striking /punishable by imprisonment for not less
than five years/.
Amend the bill further, as and if amended, page 2, beginning on line
42, in SECTION 3, by striking /punishable by imprisonment of not less
than five years/
Amend the bill further, as and if amended, page 3, beginning on line
24, in SECTION 4, by striking /punishable by imprisonment for not less
than five years/
Amend the bill further, as and if amended, page 4, beginning on line
1, by striking SECTIONS 5 and 6 in their entirety.
Amend title to conform.
ADDISON "JOE" WILSON, for Committee.
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE
AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI,
SECTION 1, 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, INCLUDING A PLEA OF GUILTY OR
NOLO CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article III, Section 7 of the Constitution of South
Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony punishable by
imprisonment of not less than five years under federal law or the law of
any state, that was a felony at the time and in the jurisdiction the offense
was committed, or who has pled guilty or nolo contendere to such a
felony is eligible to serve as a member of the Senate or the House of
Representatives. However, notwithstanding any other provisions of this
Constitution, this paragraph does not apply to a person who has been
pardoned under state or federal law of the disqualifying felony or to a
person who files for public office ten years or more after the completion
date of service of the sentence, including probation and parole
time."
SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election. Ballots must be provided
at the various voting precincts with the following words printed or
written on the ballots:
"Must Article III, Section 7 of the Constitution of this State
relating to qualifications of members of the State Senate and House of
Representatives be amended so as to provide that no person is eligible
for these offices who has been convicted of a felony under state or
federal law punishable by imprisonment for not less than five years,
including a plea of guilty or nolo contendere to these offenses and to
provide that this limitation on eligibility does not apply to a person
pardoned for the offense or who files for office ten years or more from
the date the sentence, including probation and parole time, is served?
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'."
SECTION 3. Article VI, Section 1 of the Constitution of South
Carolina, 1895, is amended by adding a paragraph at the end to read:
"In addition to the requirements provided in the preceding
paragraph, no person may be popularly elected to an office in this State
or its political subdivisions who has been convicted of a felony
punishable by imprisonment of not less than five years under federal law
or the law of any state that was a felony at the time and in the
jurisdiction the offense was committed, or who has pled guilty or nolo
contendere to such a felony. However, notwithstanding any other
provisions of this constitution, this paragraph does not apply to a person
who has been pardoned under state or federal law of the disqualifying
felony or to a person who files for public office ten years or more after
the completion date of service of the sentence, including probation and
parole time."
SECTION 4. The proposed amendment must be submitted to the
qualified electors at the next general election. Ballots must be provided
at the various voting precincts with the following words printed or
written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State
relating to the eligibility for office of any person popularly elected to
any office of this State or the political subdivisions of this State be
amended so as to provide that no person is eligible for these offices who
has been convicted of a felony under state or federal law punishable by
imprisonment for not less than five years, including a plea of guilty or
nolo contendere to these offenses and to provide that this limitation on
eligibility does not apply to a person pardoned for the offense or who
files for office ten years or more from the date the sentence, including
probation and parole time, is served?
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'."
SECTION 5. Article VI, Section 1 of the Constitution of South
Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly
elected to any office in this State or its political subdivisions unless he
possess possesses the qualifications of an
elector,. Every qualified elector shall be eligible to any
office to be voted for, unless is not disqualified by age as
prescribed in this Constitution, and has not been convicted of a
felony under state or federal law, including a plea of guilty or nolo
contendere to these offenses. No person shall may
be elected or appointed to office in this State for life or during good
behavior, but the terms of all officers shall must be for
some specified period except officers in the militia."
SECTION 6. The proposed amendment must be submitted to the
qualified electors at the next general election. Ballots must be provided
at the various voting precincts with the following words printed or
written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State
relating to the eligibility for office of any person popularly elected to
any office of this State or the political subdivisions of this State be
amended, so as to provide that no person is eligible for these offices who
has been convicted of a felony under state or federal law, including a
plea of guilty or nolo contendere to these offenses?
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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