H 3340 Session 109 (1991-1992)
H 3340 Joint Resolution, By Martin
A Joint Resolution proposing an amendment to the Constitution of South
Carolina, 1895, by adding Section 27 to Article V so as to provide for a
procedure for the retention elections of justices elected to the Supreme Court
and the Court of Appeals and judges elected to the Circuit Court to determine
if they should be retained to serve an additional term after their elections
by the General Assembly.
01/29/91 House Introduced and read first time HJ-4
01/29/91 House Referred to Committee on Judiciary HJ-5
02/18/92 House Tabled in committee
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF
SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE
V SO AS TO PROVIDE FOR A PROCEDURE FOR THE
RETENTION ELECTIONS OF JUSTICES ELECTED TO THE
SUPREME COURT AND THE COURT OF APPEALS AND JUDGES
ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY
SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM
AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this
State be amended by adding:
"Section 27. After the General Assembly elects justices to the
Supreme Court and the Court of Appeals and judges to the Circuit Court,
retention elections must be held, as provided by the General Assembly,
to allow the qualified electors of the State in the case of the justices
elected to the Supreme Court and the Court of Appeals and to allow the
qualified electors of the area from which the judges are elected in the
case of the judges elected to the Circuit Court to determine if they
should be retained to serve an additional term. If a majority is against
retention, a vacancy exists upon the expiration of his term of office, to
be filled by election by the General Assembly, and he is not eligible to
succeed himself."
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 V of the Constitution of this State be amended
by adding Section 27 so as to provide for the retention elections of
justices elected to the Supreme Court and the Court of Appeals and
judges elected to the Circuit Court by the qualified electors of the State
in the case of the justices elected to the Supreme Court and the Court of
Appeals and by the qualified electors of the area from which the judges
are elected in the case of the judges elected to the Circuit Court to
determine if they should be retained to serve an additional term after
their elections by the General Assembly, and to provide that if a majority
is against retention, a vacancy exists upon the expiration of his term of
office, to be filled by election by the General Assembly, and he is not
eligible to succeed himself?
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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