H 3245 Session 111 (1995-1996)
H 3245 Joint Resolution, By J.T. McElveen
Similar(S 57, S 192, S 465)
A Joint Resolution proposing an amendment to the Constitution of South
Carolina, 1895, by adding Section 15 to Article XVII so as to establish a
specified procedure for the enactment of laws and constitutional amendments by
initiative petition.
01/12/95 House Introduced and read first time HJ-36
01/12/95 House Referred to Committee on Judiciary HJ-36
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF
SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO
ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED
PROCEDURE FOR THE ENACTMENT OF LAWS AND
CONSTITUTIONAL AMENDMENTS BY INITIATIVE
PETITION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Article XVII of the
Constitution of this State be amended by adding:
"Section 15. In addition to the provisions of Article III
and Article XVI of this Constitution, relating to the enactment of
laws and constitutional amendments and in order to give meaning to
the right of the people to petition their government for redress of
grievances as guaranteed by Article I, Section 2 of this Constitution,
there is reserved in the people the power to enact laws and
constitutional amendments by means of initiative petition. An
initiative petition must contain a full and correct copy of the title
and text of the proposed law or constitutional amendment and must
be signed by a number of qualified electors, not fewer than ten
percent of the qualified electors eligible to vote at the last general
election. A valid signature on an initiative petition must include the
name, complete address, precinct, and voter registration
identification number of the signer. A petition must be presented to
the Secretary of State not later than sixty days before the beginning
of the next regularly scheduled annual session of the General
Assembly. The Secretary of State shall cause the State Election
Commission to verify the signatures contained on the petition. After
verification, the Secretary of State shall transmit the petition to the
presiding officer of each house at the beginning of the next
regularly scheduled annual session of the General Assembly in
January. The presiding officer of each house shall cause the petition
to be prepared in bill form reflecting in the bill that it is a petition
bill not sponsored by any member. If the nature of the bill is such
that it must be introduced and first considered in the House, the
presiding officer of the Senate shall not cause the petition to be
prepared in bill form in the Senate. Nothing herein prevents
perfecting amendments to the petition bill either in its initial
preparation stage or while on the floor of either house. If the bill
has not been ratified by the General Assembly, vetoed by the
Governor, or rejected on second or third reading in either house by
the sine die adjournment date of the General Assembly immediately
preceding the next scheduled general election, the Secretary of State
shall submit the proposed law or constitutional amendment to the
qualified electors of this State at that general election. If a majority
of the qualified electors voting on the proposed law or
constitutional amendment vote in favor of the proposed law or
amendment, it becomes a law of this State or a part of this
Constitution. The State Election Commission shall certify the result
to the Code Commissioner who shall assign the law or
constitutional amendment to an appropriate place in the Code of
Laws or the Constitution.
The General Assembly may by law provide additional
requirements for an initiative petition if the requirements are
consistent with the provisions of this section."
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:
"Shall Article XVII of the Constitution of this State be
amended by adding a new section so as to provide for the
enactment of a law or constitutional amendment by initiative
petition where no fewer than ten percent of the qualified electors
eligible to vote at the last general election must sign the petition,
the proposed law or constitutional amendment must be considered
by the General Assembly, the qualified electors must vote on the
proposed law or constitutional amendment if the General Assembly
or Governor have not acted on it, the proposed law or constitutional
amendment takes effect if a majority of the qualified electors vote
in favor of it, and where the General Assembly may by law
prescribe additional requirements for an initiative petition if the
added requirements are consistent with this section?
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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