Current Status Bill Number:1166 Ratification Number:428 Act Number:445 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19980402 Primary Sponsor:Moore All Sponsors:Moore Drafted Document Number:jud9064.tlm Date Bill Passed both Bodies:19980603 Governor's Action:U Signature of Governor not required Date of Governor's Action:19980604 Subject:Legislative candidate for House or Senate, legal resident of district before filing; Elections, General Assembly
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980910 Act No. A445 ------ 19980604 Signature of Governor not required ------ 19980604 Ratified R428 House 19980603 Read third time, enrolled for ratification House 19980602 Read second time House 19980527 Committee report: Favorable 25 HJ House 19980416 Introduced, read first time, 25 HJ referred to Committee Senate 19980415 Read third time, sent to House Senate 19980414 Read second time, unanimous consent for third reading on Wednesday, 19980415 Senate 19980408 Committee report: Favorable 11 SJ Senate 19980402 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A445, R428, S1166)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
Candidates must be legal residents
SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:
"Section 7. No person 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 district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office. 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."
Submission to electors
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:
"Shall Section 7, Article III of the Constitution of this State, relating to the qualifications of Senators and members of the House of Representatives, be amended so as to provide that a candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office?
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'."
Ratified the 4th day of June, 1998.