H 3083 Joint Resolution, By J.L.M. Cromer, Allison, Bailey, J.M. Baxley, Cato, 
Cotty, L.L. Elliott, Fleming, R.C. Fulmer, Gamble, Haskins, Kelley, 
W.D. Keyserling, Kirsh, Knotts, C.V. Marchbanks, Mason, Meacham, Richardson, 
Riser, Robinson, Sandifer, J.S. Shissias, Simrill, Stille, Stuart, Tripp, 
J.W. Tucker, Vaughn, Walker, C.C. Wells, Whatley, Wilder and Witherspoon

Similar(S 42, S 916)
 A Joint Resolution proposing an amendment to Article III, Section 7 of the
 Constitution of South Carolina, 1895, relating to qualifications of members of
 the State Senate and House of Representatives, and to Article VI, Section 1,
 relating to the eligibility for office of any person popularly elected to any
 office of this State or the political subdivisions of this State, so as to
 provide that no person is eligible for these offices who has been convicted of
 a felony under state or federal law, including a plea of guilty or nolo
 contendere to these offenses.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-31
   01/10/95  House  Referred to Committee on Judiciary HJ-32
   02/01/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/07/95  House   Committee amendment tabled HJ-19
   02/07/95  House  Objection by Rep. J.Brown, Anderson, S. Whipper,
                     L. Whipper, Beatty, Breeland, McMahand, Byrd,
                     Hines & Williams HJ-23
   02/08/95  House  Read second time HJ-69
   02/08/95  House  Roll call Yeas-84  Nays-19 HJ-69
   02/09/95  House  Read third time and sent to Senate HJ-20
   02/14/95  Senate Introduced and read first time SJ-10
   02/14/95  Senate Referred to Committee on Judiciary SJ-10
   04/10/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13

COMMITTEE REPORT

April 10, 1996

H. 3083

Introduced by REPS. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley

S. Printed 4/10/96--S.

Read the first time February 14, 1995.

To whom was referred a Joint Resolution (H. 3083), proposing an amendment to Article III, Section 7 of the Constitution of South Carolina, 1895, relating to qualifications of members of the State Senate and House of Representatives, and to Article VI, Section 1, relating to the eligibility for office, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person shall be 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 Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. 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."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office fifteen years or more from the date the sentence, including probation and parole time, has been served?

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'."

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of this State be amended to read:

"Section 1. No person shall may be popularly elected to and serve in any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not 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 has not pled guilty or nolo contendere to these offenses. 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. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office fifteen years or more from the date the sentence, including probation and parole time, has been served?

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'."/

Amend title to conform.

GLENN F. McCONNELL, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

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

SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:

"No person who has been convicted of a felony under state or federal law 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."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?

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'."

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:

"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?

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'."