H 3233 General Bill, By J.L.M. Cromer
 A BILL TO AMEND ARTICLE 17, CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO EXPLANATIONS OF PROPOSED CONSTITUTIONAL
 AMENDMENTS, SO AS TO INCLUDE PROCEDURES FOR EXPLANATIONS OF STATE AND LOCAL
 REFERENDUM QUESTIONS WHEN DEEMED NECESSARY.

   01/15/97  House  Introduced and read first time HJ-4
   01/15/97  House  Referred to Committee on Judiciary HJ-4
   02/19/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/20/97  House  Amended HJ-13
   02/20/97  House  Read second time HJ-13
   02/20/97  House  Unanimous consent for third reading on next
                     legislative day HJ-14
   02/21/97  House  Read third time and sent to Senate HJ-2
   02/25/97  Senate Introduced and read first time SJ-10
   02/25/97  Senate Referred to Committee on Judiciary SJ-10

AMENDED

February 20, 1997

H. 3233

S. Printed 2/209/97--H.

Read the first time January 15, 1997.

A BILL

TO AMEND ARTICLE 17, CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPLANATIONS OF PROPOSED CONSTITUTIONAL AMENDMENTS, SO AS TO INCLUDE PROCEDURES FOR EXPLANATIONS OF STATE AND LOCAL REFERENDUM QUESTIONS WHEN DEEMED NECESSARY.

Amend Title To Conform

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

SECTION 1. Article 17, Chapter 13 of Title 7 of the 1976 Code is amended to read:

"Article 17

Section 7-13-2110. In addition to all other requirements of law and the Constitution of this State, when any proposed amendment to the Constitution or a state or local referendum question is submitted to the electorate for approval or disapproval in the a general election or referendum and the proposed amendment or question is of such nature that it might not be clearly understood by the voters, a simplified or, when appropriate, more detailed explanation of the meaning and effect, effect and fiscal impact of such amendment or referendum question shall be placed upon the ballot along with the proposed amendment or referendum question. When mechanical devices for voting are used, printed copies of such explanation shall be made available at each voting precinct. The provisions of this section shall apply only to statewide amendments do not apply to referendums conducted by a political party in conjunction with its primary elections.

Section 7-13-2120. To establish an agency to determine whether or not a proposed constitutional amendment or referendum question requires a simplified or more detailed explanation as provided for in Section 7-13-2110, there is hereby created the Constitutional Ballot Commission composed of the Attorney General, the Director of the State Election Commission, and the Director of the Legislative Council. Prior to the printing of ballots in each general election year in which proposed constitutional amendments are voted upon and prior to the printing of the ballots for any state or local referendum, the Commission shall meet at the call of the Attorney General and:

(1) consider each proposed amendment or referendum question and make a determination as to whether or not a simplified or more detailed explanation is necessary or appropriate; and

(2) in those cases where it is determined that an explanation is deemed necessary or appropriate, phrase such explanation and submit it to the State Election Commission under the signatures of at least a majority of the ballot commissioners. The Election Commission shall arrange for the placement of amendment or referendum question explanations on ballots and make them available to the news media, upon request, at least ten days prior to the general election or referendum.

The ballot commission may designate appropriate county election commissions to perform its duties and functions under this article in regard to county or local referendums.

Section 7-13-2130. The State Supreme Court shall have exclusive and original jurisdiction in any proceeding challenging the amendment or referendum explanations prepared by the Ballot Commission or its designees."

SECTION 2. This act takes effect upon approval by the Governor.