H 3860 Session 109 (1991-1992)
H 3860 Joint Resolution, By I.K. Rudnick
A Joint Resolution proposing an amendment to Section 13, Article V of the
Constitution of South Carolina, 1895, relating to the election of judges for
the circuit courts, so as to provide that the qualified voters of the State
elect the judges.
04/11/91 House Introduced and read first time HJ-22
04/11/91 House Referred to Committee on Judiciary HJ-22
02/18/92 House Tabled in committee
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO THE ELECTION OF JUDGES FOR THE CIRCUIT COURTS, SO
AS TO PROVIDE THAT THE QUALIFIED VOTERS OF THE STATE
ELECT THE JUDGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 13, Article V of the
Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State
into judicial circuits of compact and contiguous territory. For each
circuit a judge or judges shall must be elected by a
joint public vote of the General Assembly; provided, that in any
contested election, the vote of each member of the General Assembly
present and voting shall be recorded the qualified voters of the
State in the manner that the General Assembly provides. He shall
hold office for a term of six years, and at the time of his election he
shall must be an elector of a county of, and during his
continuance in office he shall reside in, the circuit of which he is judge.
The General Assembly may by law provide for additional circuit
judges, to be assigned by the Chief Justice. Such additonal
Additional circuit judges shall must be elected
in the same manner and for the same term as provided in the preceding
paragraph of this section for other circuit judges, except that residence
in a particular county or circuit shall is not be
a qualification for office.
Persons serving as circuit judges on the effective date of the
provision providing for the popular election of circuit judges may
continue to serve for the term for which they were elected."
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 Section 13, Article V of the Constitution of this State be
amended so as to provide that judges of the circuit courts be elected by
the qualified voters of the State?
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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