S 42 Session 111 (1995-1996)
S 0042 Joint Resolution, By Courson, Giese, Reese, M.T. Rose and Wilson
Similar(S 916, H 3083)
A Joint Resolution proposing an amendment to Section 7, Article III of the
Constitution of South Carolina, 1895, relating to qualifications of members of
the State Senate and House of Representatives and to Section 1, Article VI
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, including a plea of guilty or nolo
contendere to these offenses.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-22
01/10/95 Senate Referred to Committee on Judiciary SJ-22
01/18/95 Senate Committee report: Favorable with amendment
Judiciary SJ-13
01/24/95 Senate Amended SJ-37
01/24/95 Senate Read second time SJ-37
01/24/95 Senate Ordered to third reading with notice of
amendments SJ-37
02/02/95 Senate Special order SJ-7
02/07/95 Senate Debate adjourned SJ-30
02/23/95 Senate Amended SJ-13
02/23/95 Senate Debate interrupted SJ-16
03/07/95 Senate Recommitted to Committee on Judiciary SJ-17
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 23, 1995
S. 42
Introduced by SENATORS Courson, Rose, Wilson, Reese and
Giese
S. Printed 2/23/95--S.
Read the first time January 10, 1995.
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO QUALIFICATIONS OF MEMBERS OF THE
STATE SENATE AND HOUSE OF REPRESENTATIVES, AND
TO SECTION 1, ARTICLE VI 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, INCLUDING A PLEA OF
GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 7, Article III 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 Sections 7-13-1920 (tampering with a
voting machine), 7-25-20 (fraudulent registration or voting),
7-25-50 (bribery at elections), 7-25-60 (procuring or offering to
procure votes by bribery), 7-25-110 (voting more than once at
elections), 7-25-120 (impersonating a voter), or 7-25-150 (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."
SECTION 2. The proposed amendment must be submitted to
the qualified electors at the next general election. Ballots must be
provided at the various voting precincts with the following words
printed or written on the ballots:
"Must Section 7, Article III 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 certain 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. Section 1, Article VI of the Constitution of South
Carolina, 1895, is amended to read:
"Section 1. No person shall may be
popularly elected to and serve in any office in this State or
its political subdivisions unless he possess possesses
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 Sections 7-13-1920 (tampering with a voting
machine), 7-25-20 (fraudulent registration or voting), 7-25-50
(bribery at elections), 7-25-60 (procuring or offering to procure
votes by bribery), 7-25-110 (voting more than once at elections),
7-25-120 (impersonating a voter), or 7-25-150 (swearing falsely at
elections/taking oath in another's name), 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. Ballots must be
provided at the various voting precincts with the following words
printed or written on the ballots:
"Must Section 1, Article VI 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 certain 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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