S 257 Session 109 (1991-1992)
S 0257 Concurrent Resolution, By H.U. Fielding
A Concurrent Resolution expressing the duty and sense and conclusion of the
members of the General Assembly concerning the ratification of a referendum
proposing the annexation of a parcel of land into Charleston County.
10/29/90 Senate Prefiled
10/29/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-93
01/08/91 Senate Referred to Committee on Judiciary SJ-93
A CONCURRENT
RESOLUTION
EXPRESSING THE DUTY AND SENSE AND CONCLUSION OF
THE MEMBERS OF THE GENERAL ASSEMBLY CONCERNING
THE RATIFICATION OF A REFERENDUM PROPOSING THE
ANNEXATION OF A PARCEL OF LAND INTO CHARLESTON
COUNTY.
Whereas, the General Assembly will be requested to ratify a referendum
concerning the annexation of a parcel of land, known as the Exchange
Park Fairgrounds, from Berkeley County into Charleston County; and
Whereas, this referendum was presented to the voters of Charleston
County on general election day, Tuesday, November 8, 1988; and
Whereas, it is the duty of this body to insure that all laws are complied
with fully by the appropriate and designated officials before ratifying
any proposed referendum concerning the alteration of county lines; and
Whereas, the General Assembly has established and outlined specific
statutory requirements for county annexation and the submission of
referendums to the electors of this State; and
Whereas, pursuant to those requirements, Section 7-13-355 of the 1976
Code requires that any question submitted to the qualified electors in a
referendum which is to appear on the ballot first must be presented to the
county election commission before noon on September first of the
general election year; and
Whereas, the question concerning the annexation of the Exchange Park
Fairgrounds into Charleston County was not submitted to the county
election commission until October 4, 1988; and
Whereas, the question concerning this referendum was submitted well
beyond the statutory deadline required for the submission of the
question; and
Whereas, Section 4-5-180 requires the election to be conducted pursuant
to the requirements specified in the Governor's Executive Order
authorizing and calling for such an election; and
Whereas, the Governor by Executive Order 88-24 outlined certain
specifications and requirements concerning the annexation of the
Exchange Park Fairgrounds into Charleston County; and
Whereas, the Governor clearly stated in that order that if preclearance
from the Justice Department was not received before the date of the
election or if the Justice Department requested an extension of its
review, the election on the question was not to be held until November
6, 1990; and
Whereas, preclearance was not given by the Justice Department before
the date of the election on November 8, 1988; and
Whereas, the election was held in strict violation of the Governor's direct
order requiring preclearance; and
Whereas, as a result, the appropriate officials involved have failed to
meet all of the statutory and executive requirements for conducting the
election on the referendum; and
Whereas, the annexation would expand the representation of Senatorial
District 38 and House District 92 of Dorchester and Berkeley Counties
into the Charleston County area; and
Whereas, as a result, the representatives in those districts would become
a part of the Charleston County Legislative Delegation; and
Whereas, the addition of these two members would create an even
number and direct partisan split in the membership on the delegation
which could result in the disruption of harmony and the working
relationship on the delegation; and
Whereas, the voters and residents of Charleston County were never
informed of the impact the annexation would have on the structure and
representation on their legislative delegation; and
Whereas, it was never the intention and desire of the voters of
Charleston County to change the structure and representation in their
legislative delegation; and
Whereas, it would be wholly unconscionable to the residents of
Charleston County to ratify the proposed annexation under these
circumstances; and
Whereas, a lawsuit has been initiated in the courts of this State to enjoin
and overturn the results of the election pursuant to the statutory and
administrative procedural violations; and
Whereas, it certainly would be presumptuous on the part of the members
of this body to proceed with the ratification of this referendum while the
proceedings are in process; and
Whereas, pursuant to the duties of the supreme authorities of our state
government, it is incumbent upon the members of the General Assembly
first to allow the court proceedings to pursue its course before acting on
the ratification of the referendum; and
Whereas, since it is the supreme and upmost duty of this body to require
and insure that all of the laws and established procedures have been
satisfied fully and complied with before acting on the ratification of any
referendum pursuant to the alteration of county lines, it would be a grave
violation and dereliction of that duty to proceed with the ratification of
the referendum pursuant to the statutory and procedural violations.
Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly express their duty and sense
concerning the ratification of a referendum to annex the Exchange Park
Fairgrounds into Charleston County and conclude, pursuant to the
surrounding circumstances and failure of the referendum to meet the
statutory and procedural requirements as established by the laws of this
State, that the referendum cannot be ratified by the members of the
General Assembly.
Be it further resolved that a copy of this resolution be forwarded to
Governor Carroll A. Campbell and every member of the General
Assembly of the State of South Carolina.
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