S*0556(Rat #0499, Act #0472 of 1996)  Joint Resolution, By Russell
 A Joint Resolution proposing an amendment to Section 7, Article III of the
 Constitution of South Carolina, 1895, relating to qualifications of members of
 the South Carolina Senate or House of Representatives, and proposing an
 amendment to Section 1, Article VI relating to the eligibility for office of
 any person popularly elected to any office of this State or the political
 subdivisions of this State, so as to provide that no person is eligible for
 these offices who has been convicted of a felony under state or federal law or
 a violation of certain election laws, including a plea of guilty or nolo
 contendere to these offenses, and provide that this prohibition does not apply
 to a person who has been pardoned under state or federal law or to a person
 who files for public office fifteen years or more after the completion date of
 service of the sentence, including probation and parole time, nor shall any
 person serving in office prior to the ratification of these amendments be
 required to vacate the office to which he is elected; and proposing an
 amendment to Section 4, Article II of the Constitution of South Carolina,
 1895, relating to voter qualifications, so as to authorize a person who
 attains the age of eighteen by the first Tuesday following the first Monday in
 November to be an elector for the calendar year in which the person has
 attained the age of eighteen.-amended title

   02/22/95  Senate Introduced and read first time SJ-5
   02/22/95  Senate Referred to Committee on Judiciary SJ-5
   04/17/96  Senate Committee report: Favorable Judiciary SJ-11
   04/23/96  Senate Read second time SJ-46
   04/25/96  Senate Read third time and sent to House SJ-34
   04/30/96  House  Introduced and read first time HJ-13
   04/30/96  House  Referred to Committee on Judiciary HJ-13
   05/15/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/21/96  House  Amended HJ-63
   05/21/96  House  Read second time HJ-65
   05/21/96  House  Roll call Yeas-95  Nays-0 HJ-65
   05/22/96  House  Read third time and returned to Senate with
                     amendments HJ-13
   05/28/96  Senate House amendment amended SJ-4
   05/28/96  Senate  Read and spread among the pages to meet
                     Constitutional amendment requirement SJ-14
   05/28/96  Senate Returned to House with amendments SJ-4
   05/30/96  House  Concurred in Senate amendment and enrolled HJ-70
   06/13/96         Ratified R 499
   06/13/96         No signature required
   06/13/96         Effective date None
   07/03/96         Copies available
   08/29/96         Act No. 472

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

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

Qualifications; members of General Assembly

SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

Constitutional amendment submitted to electors

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected?

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'."

Qualifications; popularly elected office

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of this State be amended to read:

"Section 1. No person may be popularly elected to and serve in any office in this State or its political subdivisions unless he possesses the qualifications of an elector, is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected. No person may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers must be for some specified period except officers in the militia."

Constitutional amendment submitted to electors

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office fifteen years or more from the date the sentence, including probation and parole time, has been served and that no person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected?

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'."

Qualifications of electors

SECTION 5. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:

"Section 4. Each citizen of the United States and of this State who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and who is properly registered is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that a registered elector who has moved his place of residence within the State during the thirty days immediately before the date of any election is entitled to vote in his previous precinct of residence in only that election."

Constitutional amendment submitted to electors

SECTION 6. 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:

"Shall Article II, Section 4 of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen?

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'."

Ratified the 30th day of May, 1996.