Current Status Introducing Body:House Bill Number:3340 Primary Sponsor:L. Martin Committee Number:25 Type of Legislation:JR Subject:Retention elections, judges Residing Body:House Current Committee:Judiciary Date Tabled:Feb 18, 1992 Computer Document Number:CYY/18037.SD Introduced Date:Jan 29, 1991 Last History Body:House Last History Date:Feb 18, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:L. Martin Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN
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3340 House Feb 18, 1992 Tabled in Committee 25
3340 House Jan 29, 1991 Introduced, read first time, 25
referred to Committee
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PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE V SO AS TO PROVIDE FOR A PROCEDURE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. After the General Assembly elects justices to the Supreme Court and the Court of Appeals and judges to the Circuit Court, retention elections must be held, as provided by the General Assembly, to allow the qualified electors of the State in the case of the justices elected to the Supreme Court and the Court of Appeals and to allow the qualified electors of the area from which the judges are elected in the case of the judges elected to the Circuit Court to determine if they should be retained to serve an additional term. 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."
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:
"Must Article V of the Constitution of this State be amended by adding Section 27 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 by the qualified electors of the State in the case of the justices elected to the Supreme Court and the Court of Appeals and by the qualified electors of the area from which the judges are elected in the case of the judges elected to the Circuit Court to determine if they should be retained to serve an additional term after their elections by the General Assembly, and to provide that 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?
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'."