H 3790 Joint Resolution, By Fleming, Harrison, Quinn, J. Young, Wilkins, Altman, 
Edge and Knotts
 A JOINT RESOLUTION PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA,
 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF
 MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO
 PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A
 QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE
 OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE
 SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH
 HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.

   03/22/01  House  Introduced and read first time HJ-23
   03/22/01  House  Referred to Committee on Judiciary HJ-23
   01/30/02  House  Committee report: Favorable Judiciary HJ-4
   02/05/02  House  Member(s) request name added as sponsor: Edge
   02/05/02  House  Requests for debate-Rep(s). McLeod, Scott, Parks,
                     Bales, Hosey, Wilder, Lloyd, J. Hines, J. Brown,
                     Fleming, M. Hines, Miller, Breeland, Gourdine,
                     Harrison, Altman, Cotty, Campsen and Jennings HJ-21
   02/21/02  House  Member(s) request name added as sponsor: Knotts
   02/21/02  House  Read second time HJ-36
   02/21/02  House  Roll call Yeas-104  Nays-0 HJ-39
   02/21/02  House  Unanimous consent for third reading on next
                     legislative day HJ-39
   02/22/02  House  Read third time and sent to Senate HJ-2
   02/26/02  Senate Introduced and read first time SJ-6
   02/26/02  Senate Referred to Committee on Judiciary SJ-6

Indicates New Matter

COMMITTEE REPORT

January 30, 2002

    H. 3790

Introduced by Reps. Fleming, Harrison, Quinn, J. Young, Wilkins, Altman, Edge and Knotts

S. Printed 1/30/02--H.

Read the first time March 22, 2001.

    To whom was referred a Joint Resolution (H. 3790) proposing amendments to the Constitution of South Carolina, 1895, by amending Section 7, Article III, relating to qualifications of members of the South Carolina Senate and House of Representatives, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass:

JAY LUCAS for Committee.

PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.

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

SECTION    1.    It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

    "Section 7.    No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident qualified elector of the district in which he is a candidate at the time he files for the office. No person who has 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 who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. 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."

SECTION    2.    It is proposed that Article XVII of the Constitution of this State be amended by adding:

    "Section 16.    In addition to other qualifications required by this Constitution to be eligible for election to an office, a candidate must be a qualified elector of the district from which he is to be elected at the time he files for the office."

SECTION    3.    The proposed amendments 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 7, Article III of the Constitution of this State, relating to qualifications for Senators and Members of the House of Representatives be amended, so as to require a candidate seeking elective office or a candidate for the Senate or House of Representatives be a qualified elector of the district from which he is to be elected at the time he files for the office and to amend Article XVII, relating to miscellaneous matters, by adding Section 16 so as to require a candidate for any other elective office to be a qualified elector of the district from which he is to be elected at the time he files for the office?

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'."