Current Status Introducing Body:House Bill Number:4355 Primary Sponsor:Witherspoon Committee Number:25 Type of Legislation:GB Subject:Judicial candidates, election and screening of Residing Body:House Current Committee:Judiciary Computer Document Number:PT/22210DW.94 Introduced Date:19940111 Last History Body:House Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Witherspoon Koon Sharpe Vaughn Richardson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4355 House 19940111 Introduced, read first time, 25
referred to Committee
4355 House 19931208 Prefiled, referred to 25
Committee
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TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO PROVIDE THAT THE ELECTION TO ELECT CANDIDATES TO A JUDICIAL OFFICE MUST BE HELD WITHIN THIRTY DAYS FROM THE DATE THE JUDICIAL SCREENING COMMITTEE DETERMINES THE QUALIFICATIONS OF THE CANDIDATES FOR THAT OFFICE, TO PROVIDE THAT NO CANDIDATE FOR JUDICIAL OFFICE WHO IS A MEMBER OF THE JUDICIARY MAY SEEK DIRECTLY THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY UNLESS THE CANDIDATE IS TAKING ANNUAL LEAVE OR LEAVE WITHOUT PAY DURING THE TIME HE IS SOLICITING PLEDGES FOR THE OFFICE HE IS SEEKING, TO PROVIDE UNDER WHAT CONDITION A PERSON MAY SOLICIT PLEDGES ON BEHALF OF THE CANDIDATE, TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY MUST RESIGN HIS SEAT IF HE SEEKS A JUDICIAL OFFICE ELECTED BY THE GENERAL ASSEMBLY TWENTY-FOUR MONTHS BEFORE HE ANNOUNCES HIS CANDIDACY, TO PROVIDE A FORMER MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ADMITTED WITHIN THE OUTER DOORS OF EITHER CHAMBER WHILE HE IS A CANDIDATE FOR A JUDICIAL OFFICE ELECTED BY THE GENERAL ASSEMBLY; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6, Part IV of Act 610 of 1990 is designated as Section 2-19-70 of the 1976 Code and amended to read:
"Section 2-19-70. (A) No candidate for judicial office may seek directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. Nothing in this subsection prohibits a person acting on behalf of a candidate from seeking a pledge of support from a member of the General Assembly.
(B) The election to elect these candidates must be held within thirty days from the date the judicial screening committee has determined the qualifications for that office.
(C) No candidate for judicial office who is a member of the judiciary may seek directly the pledge of a member of the General Assembly unless the candidate is taking annual leave or leave without pay during the time he is soliciting the pledges for the office he is seeking.
(D) No member of the General Assembly may seek a judicial office elected by the General Assembly unless he has resigned his seat twenty-four months before announcing for the office.
(E) Notwithstanding the Rules of the House of Representatives or the Senate, no former member of the General Assembly may be admitted within the outer doors of either chamber while he is a candidate for a judicial office elected by the General Assembly."
SECTION 2. This act takes effect upon approval by the Governor.