Rep. CASKEY proposes the following amendment (LC-4755.AHB0002H):

Amend the bill, as and if amended, SECTION 3, Section 2-19-30(C), by adding items to read:

  (1) A finding that a candidate is not qualified must be supported by clear and convincing evidence.
  (2) Anonymous survey data including, but not limited to, results from the South Carolina Bar surveys when the identity of the responding party is not disclosed to the candidate, is considered insufficient as a matter of law to support a finding of not qualified. While such data may be used to initiate an investigation, a finding of not qualified must be based on independent, verifiable evidence or sworn testimony when the candidate has been given the opportunity to respond to the specific allegations.
  (3) Any finding of not qualified must be stated with specificity in the commission's report. The report must include a detailed written statement of the specific facts and a direct reference to the evidence in the record that supports the finding. General or conclusory statements regarding a candidate's character, temperament, or fitness, without specific reference to the supporting evidence, are insufficient to sustain a finding of not qualified.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 19, Title 2 of the S.C. Code is amended by adding:

 Section 2-19-32. (A) If the Judicial Merit Selection Commission fails to meet, conduct hearings, or render findings on the qualifications of candidates before the first Wednesday in March, all candidates who have filed a timely notice of intention and completed the initial background investigation are deemed qualified by operation of law.
 (B) In the event of such a failure to act, the Chairman of the commission, or in the Chairman's absence, the Clerk of the House and the Clerk of the Senate, shall certify the list of all candidates to the General Assembly on the first Wednesday in March.
 (C) Upon such certification, the General Assembly shall proceed to the election of the judicial offices. All constitutional and statutory prohibitions regarding the pledging of votes are lifted seventy-two hours after the certification is issued to the members of the General Assembly.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 2-19-80(A) of the S.C. Code is amended to read:

 (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the Administrative Law Court. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of not more than sixall candidates whom it considers best qualified for the judicial office under consideration. If fewer than six persons apply to fill a vacancy or if the commission concludes there are fewer than six candidates qualified for a vacancythe commission fails to find all candidates qualified, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than six namesfinding a candidate unqualified.

Amend the bill further, SECTION 8, by striking Section 8 and inserting:

SECTION 8. This act takes effect on FebruaryJuly 1, 2027, at that time the previous commission members shall vacate their seats immediately to be replaced by those selected by the Governor in accordance with Section 2-19-5.

Renumber sections to conform.

Amend title to conform.