H 4672 Joint Resolution, By H.B. Brown
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELIGIBILITY TO HOLD A
 POPULARLY ELECTED OFFICE IN THIS STATE, SO AS TO ELIMINATE THE EXCEPTION THAT
 ALLOWS A PERSON TO HOLD ELECTIVE OFFICE IF A PERSON'S CONVICTION HAS BEEN
 PARDONED UNDER STATE OR FEDERAL LAW, OR IF IT HAS BEEN FIFTEEN OR MORE YEARS
 AFTER THE COMPLETION DATE OF THE PERSON'S SENTENCE, INCLUDING PROBATION AND
 PAROLE TIME.

   01/25/12  House  Introduced and read first time (House Journal-page 8)
   01/25/12  House  Referred to Committee on Judiciary
                     (House Journal-page 8)
   03/07/12  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 3)
   03/20/12  House  Debate adjourned until Wed., 04-17-12
                     (House Journal-page 51)
   04/18/12  House  Requests for debate-Rep(s). Rutherford, Brannon,
                     Crawford, Chumley, Daning, Lowe, Hart, King,
                     Howard, J.H. Neal, McEachern, Parks,
                     Cobb-Hunter, Jefferson, Williams, Sabb, Vick,
                     Parker, Neilson, Bales, Brantley, Forrester,
                     Patrick, RL Brown, Whipper, Clyburn, Gilliard,
                     Hosey, Mack, Young (House Journal-page 21)
   04/24/12  House  Debate adjourned until Wed., 04-25-12
                     (House Journal-page 66)
   04/24/12  House  Requests for debate removed-Rep(s). RL Brown,
                     Hart, Gilliard, Brantley, Sabb, Bales, Williams,
                     Hosey, Neilson, Daning, Brannon
                     (House Journal-page 58)
   04/25/12  House  Requests for debate removed-Rep(s). King,
                     Cobb-Hunter, Lowe, Parker, Jefferson, JH Neal,
                     Chumley, Clyburn, Young, Forrester, Rutherford,
                     Patrick, Vick, Mack (House Journal-page 36)
   04/26/12  House  Amended (House Journal-page 135)
   04/26/12  House  Read second time (House Journal-page 135)
   04/26/12  House  Roll call Yeas-83  Nays-4 (House Journal-page 136)
   04/26/12  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 137)
   04/27/12         Scrivener's error corrected
   04/27/12  House  Read third time and returned to Senate with
                     amendments (House Journal-page 5)
   05/01/12  Senate Introduced and read first time (Senate Journal-page 9)
   05/01/12  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 9)
   05/04/12  Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 26, 2012

H. 4672

S. Printed 4/26/12--H.    [SEC 4/27/12 2:09 PM]

Read the first time January 25, 2012.

PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELIGIBILITY TO HOLD A POPULARLY ELECTED OFFICE IN THIS STATE, SO AS TO ELIMINATE THE EXCEPTION THAT ALLOWS A PERSON TO HOLD ELECTIVE OFFICE IF A PERSON'S CONVICTION HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW, OR IF IT HAS BEEN FIFTEEN OR MORE YEARS AFTER THE COMPLETION DATE OF THE PERSON'S SENTENCE, INCLUDING PROBATION AND PAROLE TIME.

Amend Title To Conform

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

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

"NoA person may not be popularly elected to and serve in any office in this State or its political subdivisions unless he possesses the qualifications of an elector, 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, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected. NoA person may not be elected or appointed to office in this State for life or during good behavior, but the terms of all officers must be for some specified period except officers in the militia."

SECTION    2.    The proposed amendment in Section 1 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:

"Must Section 1, Article VI of the South Carolina Constitution, relating to the eligibility to hold a popularly elected office in this State, be amended so as to eliminate the exception that allows a person to hold elective office if a person's conviction has been pardoned under state or federal law, or it has been fifteen or more years after the completion date of the person's sentence, including probation and parole time?

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'."