S 198 Session 111 (1995-1996)
S 0198 Joint Resolution, By Wilson
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 teh General Assembly of counties into judicial circuits and
congressional districts and precincts, so as to provide that if the General
Assembly fails to establish 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, to delete an obsolete
reference and to provide that judicial circuits and congressional districts
may be comprised of counties and parts of counties; 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.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-68
01/10/95 Senate Referred to Committee on Judiciary SJ-68
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
ESTABLISH 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, TO DELETE AN OBSOLETE REFERENCE
AND TO PROVIDE THAT JUDICIAL CIRCUITS AND
CONGRESSIONAL DISTRICTS MAY BE COMPRISED OF
COUNTIES AND PARTS OF COUNTIES; 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 or parts of counties into
judicial circuits, and into congressional districts, 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 establish 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
each of the two political parties having the largest representation in
the House of Representatives, acting as a party caucus, shall elect
one member.
(2) The members of the Senate affiliated with each of the two
political parties having the largest representation in the Senate,
acting as a party caucus, shall 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 each of the two political parties
having the largest representation in each house, two members
appointed by the Governor, who shall use his appointments to
ensure representation of minority races and political parties, 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; to delete an
obsolete reference; to provide that judicial circuits and
congressional districts may be comprised of counties and parts of
counties; 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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