H 3209 Joint Resolution, By Merrill, Rice, Vaughn, Scarborough, Hinson, Kirsh, 
Simrill and Toole
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO
 PROVIDE THAT THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND THE
 HOUSE OF REPRESENTATIVES, RATHER THAN JUST THE SENATE, SHALL APPOINT
 MAGISTRATES FOR EACH COUNTY.

   12/22/04  House  Prefiled
   12/22/04  House  Referred to Committee on Judiciary
   01/11/05  House  Introduced and read first time HJ-132
   01/11/05  House  Referred to Committee on Judiciary HJ-132

PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, RATHER THAN JUST THE SENATE, SHALL APPOINT MAGISTRATES FOR EACH COUNTY.

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

SECTION    1.    It is proposed that Section 26, Article V of the Constitution of this State be amended to read:

"Section 26.    The Governor, by and with the advice and consent of the Senate and the House of Representatives, shall appoint a number of magistrates for each county as provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State."

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 26, Article V of the Constitution of this State, relating to magistrates, be amended so as to provide that the Governor, with the advice and consent of the Senate and the House of Representatives, rather than just the Senate, shall appoint magistrates for each county?

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'."