H 3577 General Bill, By I.K. Rudnick and S.G. Manly
 A Joint Resolution proposing an amendment to Article XV of the Constitution of
 South Carolina, 1895, relating to impeachment of certain Executive and
 Judicial officers of this State, by adding Section 4 so as to to provide a
 procedure for recalling and removing from office certain other public
 officials of this State or political subdivisions.

   02/21/91  House  Introduced and read first time HJ-7
   02/21/91  House  Referred to Committee on Judiciary HJ-7

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE A PROCEDURE FOR RECALLING AND REMOVING FROM OFFICE CERTAIN OTHER PUBLIC OFFICIALS OF THIS STATE OR POLITICAL SUBDIVISIONS.

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

SECTION 1. It is proposed that Article XV of the Constitution of this State be amended by adding:

"Section 4. (A) For purposes of this section, `public official' means an officer or employee of the State or a political subdivision who is elected or appointed for a definite term which is fixed by law. The Governor and other executive and judicial officers liable to impeachment, as provided in Section 3 of this article, are not considered `public officials'.

(B) In the case of a state public official, if a petition executed by twenty-five percent of the qualified electors of this State and certified by the State Election Commission is presented to the General Assembly, or in the case of a public official of a political subdivision, if a petition executed by twenty-five percent of the qualified electors of the subdivision and certified by the appropriate county election commission is presented to the General Assembly requesting that the public official be recalled and removed from office, the General Assembly shall set a special election not later than ninety days nor earlier than thirty days after receipt of the petition to ascertain the wishes of the qualified electors of the State or political subdivision as to whether or not they desire to have the public official recalled and removed from office.

(C) All qualified electors of this State in the case of a state public official or all qualified electors of a political subdivision in the case of a public official of that subdivision are eligible to vote in the special election. In an election to determine whether or not a public official should be recalled and removed, the question must be framed and printed on the prepared ballot in the following form: `Must (name of public official) who is now serving as (office held) be recalled and removed from office? YES NO (Strike one)'. If a majority of the qualified electors voting in the election vote in favor of recalling and removing the public official he must be recalled and removed from office on the first day of July immediately following the special election.

(D) Notice of all special elections relating to the recall and removal of a public official must be published at least three weeks in advance in at least one newspaper of general circulation in each county of this State in the case of a state public official and in the case of a public official of a political subdivision in at least one newspaper of general circulation in the subdivision. The State or subdivision shall pay all expenses incurred in the conduct of any election. Elections must be conducted in accordance with the provisions of general law regulating special elections as they apply to referendums in this State.

(E) If a special election is held pursuant to this section to recall and remove a public official, no other election to remove the official may be held for a period of four years after the special election."

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 Article XV of the Constitution of this State be amended by adding Section 4 so as to provide that an officer or employee of the State or a political subdivision who is elected or appointed for a definite term which is fixed by law, other than executive and judicial officers, must be recalled and removed from office if at least twenty-five percent of the qualified electors of this State, in the case of a state public official, or at least twenty-five percent of the qualified electors of a political subdivision, in the case of a public official of the subdivision, by petition request a special election to determine whether or not all qualified electors of the State or political subdivision desire to recall and remove the official and if a majority of those persons voting in the special election vote in favor of recalling and removing the official?

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'."