Current Status Bill Number:198 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Wilson All Sponsors:Wilson Drafted Document Number:JIC\5056HTC.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Legislature, apportionment of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
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PROPOSING AN AMENDMENT TO SECTION 5 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE ALSO THAT NO APPORTIONMENT OF SENATORS MAY TAKE EFFECT UNTIL THE GENERAL ELECTION WHICH SUCCEEDS THE APPORTIONMENT; PROPOSING AN AMENDMENT TO THE CONSTITUTION BY ADDING SECTION 5A TO ARTICLE III SO AS TO PROVIDE FOR APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES AND THE SENATE BY THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION WHEN THE GENERAL ASSEMBLY FAILS TO APPORTION THE BODIES BY CERTAIN DATES AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VII OF THE CONSTITUTION, RELATING TO ARRANGEMENT BY THE GENERAL ASSEMBLY OF COUNTIES INTO JUDICIAL CIRCUITS AND CONGRESSIONAL DISTRICTS AND PRECINCTS, SO AS TO PROVIDE THAT IF THE GENERAL ASSEMBLY FAILS TO ESTABLISH CONGRESSIONAL DISTRICTS BY THE FIRST DAY OF JULY FOLLOWING THE CENSUS REQUIRED BY SECTION 3 OF ARTICLE III, THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION SHALL MAKE THE ARRANGEMENT, TO DELETE AN OBSOLETE REFERENCE AND TO PROVIDE THAT JUDICIAL CIRCUITS AND CONGRESSIONAL DISTRICTS MAY BE COMPRISED OF COUNTIES AND PARTS OF COUNTIES; AND PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION BY ADDING SECTION 15 SO AS TO CREATE THE SOUTH CAROLINA REAPPORTIONMENT COMMISSION AND TO PROVIDE ITS POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. SECTION 1. It is proposed that Section 5 of Article III of the Constitution of this State be amended to read:
"Section 5. No apportionment of Representatives or Senators shall may take effect until the general election which shall succeed such succeeds the apportionment."
SECTION 2. It is proposed that Article III of the Constitution of this State be amended by adding:
"Section 5A. If the General Assembly fails to apportion the House of Representatives by the first day of July following the taking and the publication of the enumeration of inhabitants as required by Section 3 or fails to apportion the Senate after the taking and the publication of the enumeration of inhabitants as required by Section 3 by the first day of July in the year preceding the next general election in which Senators are elected, the South Carolina Reapportionment Commission shall within ninety days apportion the State into representative or senatorial districts as the failure of the General Assembly may make necessary, in accordance with the provision of Section 15 of Article XVII and the statutory law of the State."
SECTION 3. It is proposed that Section 13 of Article VII of the Constitution of this State be amended to read:
"Section 13. The General Assembly may at any time arrange the various counties or parts of counties into judicial circuits, and into congressional districts, as it may deem consider wise and proper, and may establish or alter the location of voting precincts in any county.
If the General Assembly fails to establish congressional districts by the first day of July following the taking and the publication of the enumeration of inhabitants as required by Section 3 of Article III, the South Carolina Reapportionment Commission shall within sixty days arrange the counties into congressional districts in accordance with the provisions of Section 15 of Article XVII and the statutory law."
SECTION 4. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 15. There is created a State Reapportionment Commission consisting of seven members, none of whom may be public officials, selected as follows:
(1) The members of the House of Representatives affiliated with each of the two political parties having the largest representation in the House of Representatives, acting as a party caucus, shall elect one member.
(2) The members of the Senate affiliated with each of the two political parties having the largest representation in the Senate, acting as a party caucus, shall elect one member.
(3) The Governor shall appoint two members, using his appointments to ensure representation of minority races and political parties.
(4) The members of the State Reapportionment Commission appointed pursuant to items (1) through (3) of this subsection shall at their first meeting by majority vote elect a seventh member who shall serve as chairman. If the members are unable to elect a chairman, after ten ballots, or in any case if no chairman has been elected within ten days after the organizational meeting, the Governor shall appoint the chairman. Vacancies must be filled in the manner of original appointment. Upon the adoption and signing of a reapportionment plan by five members of the commission, the plan must be filed with the Secretary of State and thereafter has the force and effect of law."
SECTION 5. Each 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:
"Must Article XVII, Section 5 of Article III, and Section 13 of Article VI, all of the Constitution of this State, be amended so as to create the South Carolina Reapportionment Commission composed of seven members, none of whom may be public officials with one elected by the members of the House of Representatives and the Senate affiliated with each of the two political parties having the largest representation in each house, two members appointed by the Governor, who shall use his appointments to ensure representation of minority races and political parties, and a seventh member elected by the first six, or failing that, appointed by the Governor, which may adopt reapportionment plans when the General Assembly fails to act by the first day of July following the census as required by the Constitution of this State in the case of the House of Representatives and congressional districts and, following the census, the first day of July in the year preceding the general election for senators, in the case of the Senate; to delete an obsolete reference; to provide that judicial circuits and congressional districts may be comprised of counties and parts of counties; and to provide that the apportionment provisions which apply to members of the House of Representatives shall apply to Senators and no apportionment of members of either body may take effect until the general election succeeding the apportionment?
Yes []
No []
Those voting in favor of an amendment shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against an amendment shall deposit a ballot with a check or cross mark in the square after the word `No'."