Current Status Introducing Body:Senate Bill Number:161 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Judges, retention elections Residing Body:Senate Current Committee:Judiciary Computer Document Number:OLDVS/LIBOO/1984 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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161 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
161 Senate Sep 17, 1990 Prefiled, referred to 11
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT AND THE FAMILY COURT AFTER THEIR ELECTION BY THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-240. (A) A justice elected by the General Assembly to the South Carolina Supreme Court and the Court of Appeals and a judge elected by the General Assembly to the Circuit Court and the Family Court shall file a declaration of candidacy with the State Election Commission for retention election before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy exists upon the expiration of the term of office of the justice or the judge to be filled by election by the General Assembly.
(B) If a justice elected to the Supreme Court or the Court of Appeals files a declaration, his name must be submitted to the electors of the State without party designation, and if a judge elected to the Circuit Court or the Family Court files a declaration, his name must be submitted to the electors of the area from which he was elected without party designation, as a separate judicial question at the next general election immediately preceding the expiration of the term of office of the justice or the judge, if the expiration occurs in an odd-numbered year or in an even-numbered year after the general election, to determine only the question whether he must be retained in office. If the expiration occurs in an even-numbered year before the general election, the justice's or the judge's name must be submitted at the general election that year. Each justice and judge continues to serve until he is retained for an additional term or until his office is filled by election by the General Assembly.
(C) If a majority is against retention, a vacancy exists upon the expiration of his term of office, to be filled by election by the General Assembly, and he is not eligible to succeed himself. If a majority favors retention, the justice or the judge serves for the regular term of office. At the expiration of each term he is eligible for retention as provided in this section."
SECTION 2. This act takes effect upon the date in 1993 that the amendment to Article V of the Constitution of this State to add Section 27 has been ratified changing the Constitution relating to the election of justices to the Supreme Court and the Court of Appeals and of judges to the Circuit Court. If Article V of the Constitution has not been amended, the provisions of this act are void.