Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3220 . . . . . Tuesday, May 28, 1996

behavior, but the terms of all officers shall must be for some specified period except officers in the militia."

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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been 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. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:

"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is entitled to vote in his previous precinct of residence in such only that election only."

SECTION 6. 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:

"Shall Article II, Section 4 of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first


Printed Page 3221 . . . . . Tuesday, May 28, 1996

Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen?

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'."

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator HOLLAND proposed the following Amendment No. 2 (JUD0556.003), which was adopted:

Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."


Printed Page 3222 . . . . . Tuesday, May 28, 1996

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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected?

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

"Section 1. No person shall may be popularly elected to and serve in 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 or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected. No person shall may be elected or appointed to office in this State for life or during good behavior, but


Printed Page 3223 . . . . . Tuesday, May 28, 1996

the terms of all officers shall must be for some specified period except officers in the militia."

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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected?

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. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:

"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is entitled to vote in his previous precinct of residence in such only that election only."

SECTION 6. 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:

"Shall Article II, Section 4 of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first


Printed Page 3224 . . . . . Tuesday, May 28, 1996

Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen?

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'."

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

Recorded Vote

Senators MESCHER and GREG SMITH desired to be recorded as voting against the adoption of the amendment.

Amendment No. 3

Senator PATTERSON proposed the following Amendment No. 3 (JUD0556.004), which was not adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public


Printed Page 3225 . . . . . Tuesday, May 28, 1996

office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected or be ineligible for subsequent reelection to the office in which he serves at the time of the ratification of this provision. "

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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected or be ineligible for subsequent reelection?

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

"Section 1. No person shall may be popularly elected to and serve in 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 or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been


Printed Page 3226 . . . . . Tuesday, May 28, 1996

pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected or be ineligible for subsequent reelection to the office in which he serves at the time of the ratification of this provision. 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 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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected or be ineligible for subsequent reelection?

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. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:

"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is


Printed Page 3227 . . . . . Tuesday, May 28, 1996

entitled to vote in his previous precinct of residence in such only that election only."

SECTION 6. 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:

"Shall Article II, Section 4 of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen?

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'."

Amend title to conform.

Senator PATTERSON explained the amendment.

Senator McCONNELL spoke on the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 5; Nays 37

AYES
Ford                Jackson             Matthews
Patterson           Washington          
TOTAL--5

NAYS
Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Giese
Gregory              Hayes                Holland
Hutto                Lander               Leatherman
Leventis             Martin               McConnell
McGill               Mescher              Moore
O'Dell               Passailaigue         Peeler
Rankin               Reese                Richter
Rose                 Russell              Ryberg

Printed Page 3228 . . . . . Tuesday, May 28, 1996

Saleeby              Setzler              Short
Smith, G.            Smith, J.V.          Waldrep
Wilson               
TOTAL--37

Senator McCONNELL moved, consistent with the Constitutional requirement that Joint Resolutions proposing amendments to the Constitution receive the required number of readings, including an additional reading of the Joint Resolution when the substance has been changed to the degree that it presents a new or different question, that the Resolution be read and the text of the Resolution be spread upon the pages of the Journal:

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Amend Title To Conform

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

SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring


Printed Page 3229 . . . . . Tuesday, May 28, 1996

or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

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:

"Shall 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 or a violation of certain election laws, or who has pled 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 fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected?

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

"Section 1. No person shall may be popularly elected to and serve in 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 or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring


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