South Carolina General Assembly
119th Session, 2011-2012

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Bill 3992


Indicates Matter Stricken
Indicates New Matter


(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, BY ADDING SECTION 7-19-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE CONGRESSIONAL DISTRICTS ARE ELECTED BEGINNING WITH THE 2012 GENERAL ELECTION; TO REPEAL SECTION 7-19-40 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE CONGRESSIONAL DISTRICTS WERE FORMERLY ELECTED; AND TO JOINTLY DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE APPROPRIATE OFFICIALS OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL 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.    Chapter 19, Title 7 of the 1976 Code is amended by adding:

"Section 7-19-45.    The State is divided into seven congressional districts as follows:

SECTION    2.    Section 7-19-40 of the 1976 Code is repealed, provided that until the members of the congressional districts elected in the 2012 general election from the districts enumerated in Section 7-19-45 qualify and take office, the districts now provided by law continue to apply for purposes of vacancies in office for members of the congressional districts.

SECTION    3.    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 and the President Pro Tempore of the Senate are jointly designated as the appropriate officials of the submitting authority who are responsible for making the submission of the congressional reapportionment plan provided in Section 7-19-45 to the United States Department of Justice under Section 5 of the Voting Rights Act, as amended, 42 U.S.C. 1973a.

SECTION    4.    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    5.    This act takes effect upon approval by the Governor.

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