H 4289 Session 112 (1997-1998)
H 4289 Joint Resolution, By J.H. Neal
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTION OF JUDGES TO THE
CIRCUIT COURT, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS OF EACH JUDICIAL
CIRCUIT SHALL ELECT THE JUDGES FOR THE JUDICIAL CIRCUITS IN THE MANNER THAT
THE GENERAL ASSEMBLY SHALL PROVIDE, AND TO PROVIDE THAT PERSONS SERVING AS
CIRCUIT JUDGES ON THE EFFECTIVE DATE OF THE PROVISION PROVIDING FOR THE
POPULAR ELECTION OF CIRCUIT JUDGES SHALL CONTINUE TO SERVE FOR THE TERM FOR
WHICH THEY WERE ELECTED.
06/04/97 House Introduced and read first time HJ-55
06/04/97 House Referred to Committee on Judiciary HJ-55
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO ELECTION OF JUDGES TO THE CIRCUIT
COURT, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS
OF EACH JUDICIAL CIRCUIT SHALL ELECT THE JUDGES
FOR THE JUDICIAL CIRCUITS IN THE MANNER THAT THE
GENERAL ASSEMBLY SHALL PROVIDE, AND TO PROVIDE
THAT PERSONS SERVING AS CIRCUIT JUDGES ON THE
EFFECTIVE DATE OF THE PROVISION PROVIDING FOR THE
POPULAR ELECTION OF CIRCUIT JUDGES SHALL
CONTINUE TO SERVE FOR THE TERM FOR WHICH THEY
WERE ELECTED.
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. the qualified electors of each judicial circuit.
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."
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 the qualified electors of each judicial
circuit elect the judges for the 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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