H 3878 Session 109 (1991-1992)
H 3878 Joint Resolution, By Sharpe, R.C. Fulmer, H.M. Hallman, T.E. Huff and
S.S. Wofford
A Joint Resolution proposing an amendment to Article III, Section 7 of the
Constitution of South Carolina, 1895, relating to qualifications of members of
the State Senate and House of Representatives, and to Article VI, Section 1,
relating to the eligibility for office of any person popularly elected to any
office of this State or the political subdivisions of this State, so as to
provide that no person is eligible for these offices who has been convicted of
a felony under state or federal law or a violation of the election laws,
including a plea of guilty or nolo contendere to these offenses.
04/11/91 House Introduced and read first time HJ-26
04/11/91 House Referred to Committee on Judiciary HJ-26
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE
AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI,
SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF
ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS
STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO
AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE
OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER
STATE OR FEDERAL LAW OR A VIOLATION OF THE ELECTION
LAWS, INCLUDING A PLEA OF GUILTY OR NOLO
CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article III, Section 7 of the Constitution of South
Carolina, 1895, is amended to read:
"Section 7. No person shall be 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
Senatorial district in regard to any particular seat as may be
designated by the General Assembly, as to the Senate, and in the county,
as to the House, in which he may be chosen. Senators shall
must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony
under state or federal law or a violation of the election laws, 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."
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 ballots:
"Must Article III, Section 7 of the Constitution of this State
relating to qualifications of members of the State Senate and House of
Representatives be amended so as to provide that no person is eligible
for these offices who has been convicted of a felony under state or
federal law or a violation of the election laws including a plea of guilty
or nolo contendere to these offenses?
Yes []
No []
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'."
SECTION 3. Article VI, Section 1 of the Constitution of South
Carolina, 1895, is amended to read:
"Section 1. No person shall may be
popularly elected to any office in this State or its political subdivisions
unless he possess the qualifications of an elector,. Every
qualified elector shall be eligible to any office to be voted for,
unless is not disqualified by age as prescribed in this
Constitution, and has not been convicted of a felony under state or
federal law or a violation of the election laws, including a plea of guilty
or nolo contendere to these offenses. No person shall
may be elected or appointed to office in this State for life or
during good behavior, but the terms of all officers shall
must be for some specified period except officers in the
militia."
SECTION 4. 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 ballots:
"Must Article VI, Section 1 of the Constitution of this State
relating to the eligibility for office of any person popularly elected to
any office of this State or the political subdivisions of this State be
amended, so as to provide that no person is eligible for these offices who
has been convicted of a felony under state or federal law or a violation
of the election laws including a plea of guilty or nolo contendere to these
offenses?
Yes []
No []
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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