South Carolina General Assembly
109th Session, 1991-1992

Bill 170


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    170
Primary Sponsor:                McConnell
Committee Number:               11
Type of Legislation:            JR
Subject:                        Judges, retention elections
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       OLDVS/LIBX/2327
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Courson
Type of Legislation:            Joint Resolution



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 170   Senate  Jan 08, 1991  Introduced and read first       11
                             time, referred to Committee
 170   Senate  Sep 17, 1990  Prefiled, referred to           11
                             Committee

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

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE V SO AS TO PROVIDE FOR A PROCEDURE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.

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

SECTION 1. It is proposed that Article V of the Constitution of this State be amended by adding:

"Section 27. After the General Assembly elects justices to the Supreme Court and the Court of Appeals and judges to the Circuit Court, retention elections must be held, as provided by the General Assembly, to allow the qualified electors of the State in the case of the justices elected to the Supreme Court and the Court of Appeals and to allow the qualified electors of the area from which the judges are elected in the case of the judges elected to the Circuit Court to determine if they should be retained to serve an additional term. If a majority is against retention, a vacancy exists upon the expiration of his term of office, to be filled by election by the General Assembly, and he is not eligible to succeed himself."

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 ballots:

"Must Article V of the Constitution of this State be amended by adding Section 27 so as to provide for the retention elections of justices elected to the Supreme Court and the Court of Appeals and judges elected to the Circuit Court by the qualified electors of the State in the case of the justices elected to the Supreme Court and the Court of Appeals and by the qualified electors of the area from which the judges are elected in the case of the judges elected to the Circuit Court to determine if they should be retained to serve an additional term after their elections by the General Assembly, and to provide that if a majority is against retention, a vacancy exists upon the expiration of his term of office, to be filled by election by the General Assembly, and he is not eligible to succeed himself?

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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