Current Status Bill Number:105 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Ryberg All Sponsors:Ryberg, Wilson, Rose, Elliott, Gregory Drafted Document Number:RES9484.WGR Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Federal ballot access
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 IN TITLE 7, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE FROM THIS STATE WHO HAVE SERVED FOR MORE THAN A SPECIFIED NUMBER OF YEARS IN THEIR OFFICES MAY NOT SEEK ELECTION TO THE SAME OFFICE EXCEPT BY A WRITE-IN CAMPAIGN WITH THESE LIMITS TO APPLY ONLY TO TERMS BEGINNING AFTER 1996 AND TO MAKE THIS ACT EFFECTIVE ONLY UPON A FAVORABLE VOTE IN A REFERENDUM HELD AT THE TIME OF THE 1996 GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 7 of the 1976 Code is amended by adding:
Section 7-20-10. Notwithstanding any other provisions of law, the State Election Commission shall not accept or verify the signatures on any nomination paper for any person, nor shall it certify or place on the list of certified candidates for a primary, run-off, or general election, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, or ballot label the name of any person who either:
(1) seeks to become a candidate for a seat in the United States House of Representatives, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United States House of Representatives representing any portion or district of this State during six or more of the previous eleven years; or
(2) seeks to become a candidate for a seat in the United States Senate and who, by the end of the then current term of office, will have served, or but for resignation would have served, as a member of the United States Senate representing this State during twelve or more of the previous twenty-four years.
Section 7-20-20. No candidate is restricted from the ballot under the provisions of this chapter until some form of term limitation has been enacted on the congressional delegation of at least twenty-five other states. Congressional term limitation enacted in other states having similar trigger mechanisms must be counted toward the twenty-five state requirement for the purpose of this section.
Section 7-20-30. Nothing in this chapter prevents or prohibits a qualified elector of this State from casting a ballot for any person by writing the name of that person on the ballot, or from having such a ballot counted or tabulated, nor does any provision of this chapter prevent or prohibit a person from standing or campaigning for any elective office by means of a write-in campaign."
SECTION 2. The State Election Commission shall conduct a referendum at the time of the 1996 general election to determine if a majority of the qualified electors of this State favor the provisions of Chapter 20, Title 7 of the Code of Laws of South Carolina, 1976 as added by this act. The question on the ballot must read substantially as follows:
"Should a person who has been a member of the United States House of Representatives from this State in at least six of the previous eleven years or a person who has been a member of the United States Senate from this State in at least twelve of the previous twenty-four years be prohibited from seeking election to the same office by any method other than a write-in campaign, with this restriction to apply only for terms beginning after 1994?
Yes []
No []
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'."
The election laws of this State shall apply to this referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Code Commissioner. If a majority "yes" vote is so certified, then the provisions of Chapter 20, Title 7 of the 1976 Code shall take effect as provided in Section 3 of this act. If a majority "no" vote is certified, then Chapter 20, Title 7 of the 1976 Code as contained in Section 1 of this act is repealed.
SECTION 3. Section 2 of this act takes effect upon approval by the Governor. Section 1 of this act takes effect in the manner provided in Section 2 of this act and if Chapter 20, Title 7 of the 1976 Code becomes effective, it applies with respect to terms for members of the United States Senate and United States House of Representatives beginning after 1996. Service in these offices before January 1, 1997, does not count for purposes of Chapter 20, Title 7 of the 1976 Code.