South Carolina General Assembly
119th Session, 2011-2012

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Bill 3991


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ADOPT THE UNITED STATES CENSUS OF 2010 AS OFFICIAL; BY ADDING SECTION 2-1-35 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING WITH THE 2012 GENERAL ELECTION; TO REPEAL SECTION 2-1-45 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; AND TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.

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

SECTION    1.    The United States Census of 2010 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State.

SECTION    2.    Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-35.    Beginning with the 2012 general election, one representative of the House of Representatives must be elected from each of the following districts:

SECTION    3.    Section 2-1-45 of the 1976 Code is repealed, provided that until the members of the House of Representatives elected in the 2012 general election from the districts enumerated in Section 2-1-35 qualify and take office, the districts now provided by law continue to apply for purposes of vacancies in office for members of the House of Representatives.

SECTION    4.    Upon approval of this act by the Governor and pursuant to 28 C.F.R. Section 51.23, the Speaker of the House of Representatives is designated as the submitting authority to make the required submission to the United States Department of Justice under Section 5 of the Voting Rights Act, as amended, 42 U.S.C. 1973a, of the House of Representatives' reapportionment plan provided in this act.

SECTION    5.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid or denied preclearance under Section 5 of the Voting Rights Act, such holding or denial does not affect the constitutionality or validity of the remaining portions of this act or the ability to hold timely elections in all districts not forming the basis of the Section 5 objection, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    6.    This act takes effect upon approval by the Governor.

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