H 3941 Session 123 (2019-2020) H 3941 Joint Resolution, By King, McDaniel and Henegan
PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT MEMBERS OF THE SUPREME COURT MUST BE POPULARLY ELECTED FROM THE STATE AT LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A PARTISAN ELECTION, AND TO ESTABLISH QUALIFICATIONS FOR THE OFFICE OF SUPREME COURT JUSTICE; TO AMEND SECTION 8, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS MUST BE POPULARLY ELECTED FROM THE STATE AT LARGE BY THE QUALIFIED VOTERS OF THE STATE IN A PARTISAN ELECTION, AND TO ESTABLISH QUALIFICATIONS FOR MEMBERS OF THE COURT OF APPEALS; TO AMEND SECTION 13, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES MUST BE POPULARLY ELECTED EITHER FROM THE STATE AT LARGE IN A PARTISAN ELECTION WHEN RESIDENCE IN A PARTICULAR COUNTY OR CIRCUIT IS NOT A QUALIFICATION FOR OFFICE, OR FROM THE JUDICIAL CIRCUITS DIVIDED BY THE GENERAL ASSEMBLY BY THE QUALIFIED VOTERS OF EACH CIRCUIT IN A PARTISAN ELECTION, AND TO ESTABLISH QUALIFICATIONS FOR THE OFFICE OF CIRCUIT COURT JUDGE; TO AMEND SECTION 18, ARTICLE V OF THE CONSTITUTION OF THIS STATE, RELATING TO THE FILLING OF VACANCIES ON THE SUPREME COURT, COURT OF APPEALS AND CIRCUIT COURT, SO AS TO PROVIDE THAT ALL VACANCIES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR THE UNEXPIRED TERM OF THE PREDECESSOR; AND TO DELETE SECTION 27, ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. A. It is proposed that Section 3, Article V of the Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court B. It is proposed that Section 8, Article V of the Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals C. It is proposed that Section 13, Article V of the Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory.
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. A person is not eligible for the office of Circuit Court Judge who is not at the time of his assuming the duties of that office a member in good standing with the South Carolina Bar, a citizen of the United States and of this State, and has neither attained the age of thirty-two years nor exceeded the age of seventy-two years, has not been a licensed attorney at law in this State for at least eight years, and has not been a resident of this State for five years next preceding his election. The General Assembly shall provide by law for the manner in which a candidate for the Circuit Court is elected." D. It is proposed that Section 18, Article V of the Constitution of this State be amended to read:
"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court E. It is proposed that Section 27, Article V of the Constitution of this State, relating to the Judicial Merit Selection Commission, be deleted which reads: "Section 27. In addition to the qualifications for circuit court and court of appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts. No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law." SECTION 2. The 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 Section 3, Article V of the Constitution of this State be amended so as to provide that the members of the Supreme Court must be elected from the state at large by a popular vote of the qualified voters of the State, and to establish qualifications for the members of the Supreme Court; must Section 8, Article V of the Constitution of this State be amended so as to provide that members of the Court of Appeals must be elected from the state at large by a popular vote of the qualified voters of the State, and to establish qualifications for members of the Court of Appeals; must Section 13, Article V of the Constitution of this State be amended so as to provide that circuit court judges must be elected either from the judicial circuits divided by the General Assembly by popular vote of the qualified voters of each circuit, or from the state at large when residence in a particular county or circuit is not a qualification for office, and to establish qualifications for Circuit Court Judges; must Section, 18 Article V of the Constitution of this State be amended so as to provide that all vacancies on the Supreme Court, Court of Appeals and Circuit Court must be filled by appointment by the Governor, with the advice and consent of the Senate, for the unexpired term of the predecessor; and to delete Section 27, Article V of the Constitution of this State containing inconsistent provisions relating to the Judicial Merit Selection Commission?
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'."
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