Current Status Bill Number:3993 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:Tripp All Sponsors:Tripp Drafted Document Number:kgh\15063mm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Elections, term limits; pledge to be placed on ballots by federal candidates regarding support or nonsupport of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970410 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF ELECTIONS, BY ADDING SECTION 7-13-630, SO AS TO PROVIDE FOR CERTAIN INFORMATION TO BE PRINTED ON BALLOTS IN RELATION TO SUPPORT OR NONSUPPORT OF TERM LIMITS FOR FEDERAL LEGISLATORS BY FEDERAL CANDIDATES, TO PROVIDE FOR A TERM LIMITS PLEDGE, TO PROVIDE FOR DETERMINATION AND APPEAL OF DECISION TO PLACE INFORMATION ON BALLOTS, AND TO PROVIDE A REPEALER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13 of Title 7 of the 1976 Code is amended by adding:
"Section 7-13-630. (A) All primary and general election ballots must have printed the information 'Disregarded Term Limits Instruction' adjacent to the name of a United States senator or representative who:
(1) fails to vote in favor of a proposed congressional term limits amendment when brought to a vote;
(2) fails to second a proposed congressional term limits amendment if it lacks for a second before any proceeding of the legislative body;
(3) fails to propose a congressional term limits amendment or otherwise bring a vote of the full legislative body if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body a proposed congressional term limits amendment;
(4) fails to vote in favor of all votes bringing a proposed congressional term limits amendment before any committee or subcommittee of the respective house upon which he serves;
(5) fails to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body of a proposed congressional term limits amendment;
(6) fails to abstain or vote against a proposed constitutional amendment that would establish longer terms than currently existing or establish term limits longer than those in a proposed congressional term limits amendment regardless of other actions in support of a proposed congressional term limits amendment;
(7) sponsors or co-sponsors a proposed constitutional amendment or law that would increase the length of terms or increase term limits beyond those in a proposed congressional term limits amendment; or
(8) fails to ensure that all votes on congressional term limits are recorded and made available to the public.
(B) The information 'Disregarded Term Limits Instruction' must not appear adjacent to the names of incumbent candidates for Congress if a congressional term limits amendment is before the states for ratification or has become part of the United States Constitution.
(C)(1) Nonincumbent candidates for United States senator and representative must be given an opportunity to take a 'term limits' pledge each time they file to run for office. A candidate who declines to take the 'term limits' pledge shall have the information 'Declined to Pledge to Support Term Limits' printed adjacent to his name on every primary and general election ballot.
(2) The 'term limits' pledge must be offered to nonincumbent candidates for United States senator and representative until a constitutional amendment, which limits the number of terms of United States senators to no more than two and United States representatives to no more than three, becomes part of the United States Constitution.
(3) The 'term limits' pledge that each nonincumbent candidate must be offered is as follows:
'I support term limits and pledge to use all my legislative powers to enact a proposed constitutional amendment. If elected, I pledge to vote in such a way that the designation 'Disregarded Term Limits Instruction' will not appear adjacent to my name.
_____________________________
Signature of Candidate'
(D)(1) The Secretary of State shall make an accurate determination as to if a candidate for United States representative or United States senator must have placed adjacent to his name on the election ballot the information 'Disregarded Term Limits Instruction' or 'Declined to Pledge to Support Term Limits'.
(2) The Secretary of State shall determine and declare what information shall appear adjacent to the name of each incumbent federal legislator if he is a candidate in the next election. In the cases of United States representatives and United States senators, this determination and declaration must be made in a timely fashion so as to ensure the orderly printing of primary and general election ballots with allowance made for legal action and must be based upon each member's action during his current term of office and action taken in a concluded term, if the action was taken after the determination and declaration was made by the Secretary of State in a previous election.
(3) The Secretary of State shall determine and declare what information will appear adjacent to the names of nonincumbent candidates for United States representative or United States senator no later than five business days after the deadline for filing for the office.
(4) If the Secretary of State determines that the information 'Disregarded Term Limits Instruction' or 'Declined to Pledge to Support Term Limits' need not be placed on the ballot adjacent to the name of a candidate for United States representative or United States senator, an elector may appeal the decision by an administrative or judicial proceeding. The burden of proof is upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this act and, therefore, should not have the information 'Disregarded Term Limits Instruction' or 'Declined to Pledge to Support Term Limits' printed on the ballot adjacent to the candidate's name.
(5) If the Secretary of State determines that the information 'Disregarded Term Limits Instruction' or 'Declined to Pledge to Support Term Limits' must be placed on the ballot adjacent to a candidate's name, the candidate may appeal the decision by an administrative or judicial proceeding. The burden of proof is upon the candidate to demonstrate by clear and convincing evidence that he should not have the information 'Disregarded Term Limits Instruction' or 'Declined to Pledge to Support Term Limits' printed on the ballot adjacent to the candidate's name.
(E) At such time as a congressional term limits amendment is ratified, subsections (A), (B), (C), and (D) expire.
(F) If this State is given the power to establish or propose term limits for United States representatives and United States senators, it is the intent of the General Assembly that the limits proposed as congressional term limits be adopted as the law of this State.
(G) If a provision of this act or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are declared severable."
SECTION 2. This act takes effect upon approval by the Governor.