Current Status Introducing Body:House Bill Number:3860 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:JR Subject:Circuit court judges, election of Residing Body:House Current Committee:Judiciary Date Tabled:Feb 18, 1992 Computer Document Number:436/11597.DW Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Feb 18, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Rudnick Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN
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3860 House Feb 18, 1992 Tabled in Committee 25
3860 House Apr 11, 1991 Introduced, read first time, 25
referred to Committee
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PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDGES FOR THE CIRCUIT COURTS, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS OF THE STATE ELECT THE JUDGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 13, Article V of the Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall must be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded the qualified voters of the State in the manner that the General Assembly provides. He shall hold office for a term of six years, and at the time of his election he shall must be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge.
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additonal Additional circuit judges shall must be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall is not be a qualification for office.
Persons serving as circuit judges on the effective date of the provision providing for the popular election of circuit judges may continue to serve for the term for which they were elected."
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 13, Article V of the Constitution of this State be amended so as to provide that judges of the circuit courts be elected by the qualified voters of the State?
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'."