S 180 Session 110 (1993-1994)
S 0180 Joint Resolution, By Wilson and Thomas
A Joint Resolution proposing an amendment to Section 5 of Article III of the
Constitution of South Carolina, 1895, relating to apportionment of members of
the House of Representatives, so as to provide also that no apportionment of
Senators may take effect until the General Election which succeeds the
apportionment; proposing an amendment to the Constitution by adding Section 5A
to Article III so as to provide for apportionment of the House of
Representatives and the Senate by the South Carolina Reapportionment
Commission when the General Assembly fails to apportion the bodies by certain
dates and to provide for the membership of the Commission; proposing an
amendment to Section 13 of Article VII of the Constitution, relating to
arrangement by the General Assembly of counties into judicial circuits and
congressional districts and precincts, so as to provide that if the General
Assembly fails to arrange the counties into congressional districts by the
first day of July following the census required by Section 3 of Article III
the South Carolina Reapportionment Commission shall make the arrangement; and
proposing an amendment to Article XVII of the Constitution by adding Section
15 so as to create the South Carolina Reapportionment Commission and to
provide its powers and duties.
01/13/93 Senate Introduced and read first time SJ-4
01/13/93 Senate Referred to Committee on Judiciary SJ-5
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE III
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO APPORTIONMENT OF MEMBERS OF THE
HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE ALSO
THAT NO APPORTIONMENT OF SENATORS MAY TAKE
EFFECT UNTIL THE GENERAL ELECTION WHICH SUCCEEDS
THE APPORTIONMENT; PROPOSING AN AMENDMENT TO
THE CONSTITUTION BY ADDING SECTION 5A TO ARTICLE
III SO AS TO PROVIDE FOR APPORTIONMENT OF THE HOUSE
OF REPRESENTATIVES AND THE SENATE BY THE SOUTH
CAROLINA REAPPORTIONMENT COMMISSION WHEN THE
GENERAL ASSEMBLY FAILS TO APPORTION THE BODIES BY
CERTAIN DATES AND TO PROVIDE FOR THE MEMBERSHIP
OF THE COMMISSION; PROPOSING AN AMENDMENT TO
SECTION 13 OF ARTICLE VII OF THE CONSTITUTION,
RELATING TO ARRANGEMENT BY THE GENERAL
ASSEMBLY OF COUNTIES INTO JUDICIAL CIRCUITS AND
CONGRESSIONAL DISTRICTS AND PRECINCTS, SO AS TO
PROVIDE THAT IF THE GENERAL ASSEMBLY FAILS TO
ARRANGE THE COUNTIES INTO CONGRESSIONAL DISTRICTS
BY THE FIRST DAY OF JULY FOLLOWING THE CENSUS
REQUIRED BY SECTION 3 OF ARTICLE III THE SOUTH
CAROLINA REAPPORTIONMENT COMMISSION SHALL MAKE
THE ARRANGEMENT; AND PROPOSING AN AMENDMENT TO
ARTICLE XVII OF THE CONSTITUTION BY ADDING SECTION
15 SO AS TO CREATE THE SOUTH CAROLINA
REAPPORTIONMENT COMMISSION AND TO PROVIDE ITS
POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. SECTION 1. It is proposed that Section 5 of
Article III of the Constitution of this State be amended to read: "Section 5. No apportionment of Representatives or
Senators shall may take effect until the general
election which shall succeed such succeeds the
apportionment."
SECTION 2. It is proposed that Article III of the Constitution of
this State be amended by adding:
"Section 5A. If the General Assembly fails to apportion the
House of Representatives by the first day of July following the taking
and the publication of the enumeration of inhabitants as required by
Section 3 or fails to apportion the Senate after the taking and the
publication of the enumeration of inhabitants as required by Section
3 by the first day of July in the year preceding the next general
election in which Senators are elected, the South Carolina
Reapportionment Commission shall within ninety days apportion the
State into representative or senatorial districts as the failure of the
General Assembly may make necessary, in accordance with the
provision of Section 15 of Article XVII and the statutory law of the
State."
SECTION 3. It is proposed that Section 13 of Article VII of the
Constitution of this State be amended to read:
"Section 13. The General Assembly may at any time arrange
the various counties into judicial circuits, and into congressional
districts, including the County of Saluda, as it may deem
consider wise and proper, and may establish or alter the
location of voting precincts in any county.
If the General Assembly fails to arrange the counties into
congressional districts by the first day of July following the taking and
the publication of the enumeration of inhabitants as required by
Section 3 of Article III, the South Carolina Reapportionment
Commission shall within sixty days arrange the counties into
congressional districts in accordance with the provisions of Section 15
of Article XVII and the statutory law."
SECTION 4. It is proposed that Article XVII of the Constitution
of this State be amended by adding:
"Section 15. There is created a State Reapportionment
Commission consisting of seven members, none of whom may be
public officials, selected as follows:
(1) The members of the House of Representatives affiliated with
the two political parties having the largest representation in the House
of Representatives shall, acting as a caucus, elect one member.
(2) The members of the Senate affiliated with the two political
parties having the largest representation in the Senate shall, acting as
a caucus, elect one member.
(3) The Governor shall appoint two members, using his
appointments to ensure representation of minority races and political
parties.
(4) The members of the State Reapportionment Commission
appointed pursuant to items (1) through (3) of this subsection shall at
their first meeting by majority vote elect a seventh member who shall
serve as chairman. If the members are unable to elect a chairman,
after ten ballots, or in any case if no chairman has been elected within
ten days after the organizational meeting, the Governor shall appoint
the chairman. Vacancies must be filled in the manner of original
appointment. Upon the adoption and signing of a reapportionment
plan by five members of the commission, the plan must be filed with
the Secretary of State and thereafter has the force and effect of
law."
SECTION 5. Each proposed amendment must be submitted to the
qualified electors at the next general election for representatives.
Ballots must be provided at the various voting precincts with the
following words printed or written on the ballot: "Must
Article XVII, Section 5 of Article III, and Section 13 of Article VI,
all of the Constitution of this State, be amended so as to create the
South Carolina Reapportionment Commission composed of seven
members, none of whom may be public officials with one elected by
the members of the House of Representatives and the Senate affiliated
with the two political parties having the largest representation in each
house, two members appointed by the Governor, and a seventh
member elected by the first six, or failing that, appointed by the
Governor, which may adopt reapportionment plans when the General
Assembly fails to act by the first day of July following the census as
required by the Constitution of this State in the case of the House of
Representatives and congressional districts and, following the census,
the first day of July in the year preceding the general election for
senators, in the case of the Senate, and to provide that the
apportionment provisions which apply to members of the House of
Representatives shall apply to Senators and no apportionment of
members of either body may take effect until the general election
succeeding the apportionment?
Yes []
No []
Those voting in favor of an amendment shall deposit a ballot with a
check or cross mark in the square after the word `Yes' and those
voting against an amendment shall deposit a ballot with a check or
cross mark in the square after the word `No'."
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