S 876 Session 110 (1993-1994)
S 0876 Joint Resolution, By Ford, Giese and Wilson
A Joint Resolution proposing an amendment to Section 13, Article V of the
Constitution of South Carolina, 1895, relating to judicial circuits, which
would require that the General Assembly divide the State into judicial
circuits of compact and contiguous territory with three circuits composing
each of the six congressional districts; that the General Assembly reapportion
judicial circuits decennially and ensure that each has approximately the same
population; and provide that each circuit judge shall be elected by a public
vote of the members of the General Assembly representing any portion of a
district within the judicial circuit.
10/11/93 Senate Prefiled
10/11/93 Senate Referred to Committee on Judiciary
01/11/94 Senate Introduced and read first time SJ-26
01/11/94 Senate Referred to Committee on Judiciary SJ-26
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO JUDICIAL CIRCUITS, WHICH WOULD REQUIRE THAT THE
GENERAL ASSEMBLY DIVIDE THE STATE INTO JUDICIAL
CIRCUITS OF COMPACT AND CONTIGUOUS TERRITORY WITH
THREE CIRCUITS COMPOSING EACH OF THE SIX
CONGRESSIONAL DISTRICTS; THAT THE GENERAL
ASSEMBLY REAPPORTION JUDICIAL CIRCUITS DECENNIALLY
AND ENSURE THAT EACH HAS APPROXIMATELY THE SAME
POPULATION; AND PROVIDE THAT FOR EACH CIRCUIT A
JUDGE SHALL BE ELECTED BY A PUBLIC VOTE OF THE
MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ANY
PORTION OF A DISTRICT WITHIN A JUDICIAL CIRCUIT.
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 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. He shall hold office for a term of six years, and at the time of
his election he shall 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 additional circuit
judges shall 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 not be
a qualification for office. The General Assembly shall divide
the State into judicial circuits of compact and contiguous territory with
three circuits composing each of the six congressional districts. The
General Assembly shall reapportion judicial circuits decennially and
ensure that each has approximately the same population.
For each circuit a judge shall be elected by a public vote of the
members of the General Assembly representing any portion of a district
within a judicial circuit; provided, that in any contested election, the
vote of each member present and voting shall be recorded. He shall hold
office for a term of six years, and at the time of his election he shall 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 additional circuit
judges shall 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 for the same
term as provided in this section for other circuit judges."
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:
"Shall Section 13, Article V of the Constitution of this State be
amended to provide that the General Assembly divide the State into
judicial circuits of compact and contiguous territory with three circuits
composing each of the six congressional districts with the General
Assembly reapportioning the judicial circuits decennially to ensure that
each has approximately the same population, and provide that for each
circuit a judge shall be elected by a public vote of the members of the
General Assembly representing any portion of a district within a judicial
circuit?
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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