Current Status Bill Number:226 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:RES9432.RF Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judicial circuits, 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
View additional legislative information at the LPITS web site.
PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO JUDICIAL CIRCUITS, WHICH WOULD REQUIRE THAT THE GENERAL ASSEMBLY DIVIDE THE STATE INTO JUDICIAL CIRCUITS OF COMPACT AND CONTIGUOUS TERRITORY WITH THREE CIRCUITS COMPOSING EACH OF THE SIX CONGRESSIONAL DISTRICTS; THAT THE GENERAL ASSEMBLY REAPPORTION JUDICIAL CIRCUITS DECENNIALLY AND ENSURE THAT EACH HAS APPROXIMATELY THE SAME POPULATION; AND PROVIDE THAT FOR EACH CIRCUIT A JUDGE SHALL BE ELECTED BY A PUBLIC VOTE OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ANY PORTION OF A DISTRICT WITHIN A JUDICIAL CIRCUIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 13, Article V of the Constitution of this State be amended to read:
"Section 13. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory. For each circuit a judge or judges shall be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded. He shall hold office for a term of six years, and at the time of his election he shall be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge.
The General Assembly may by law provide for additional circuit judges, to be assigned by the Chief Justice. Such additional circuit judges shall be elected in the same manner and for the same term as provided in the preceding paragraph of this section for other circuit judges, except that residence in a particular county or circuit shall not be a qualification for office. The General Assembly shall divide the State into judicial circuits of compact and contiguous territory with each of the six congressional districts composed of three circuits. The General Assembly shall reapportion judicial circuits decennially and ensure that each has approximately the same population.
For each circuit a judge shall be elected by a public vote of the members of the General Assembly representing any portion of a district within a judicial circuit; provided, that in any contested election, the vote of each member present and voting shall be recorded. He shall hold office for a term of six years, and at the time of his election he shall be an elector of a county of, and during his continuance in office he shall reside in, the circuit of which he is judge.
The General Assembly may by law provide for additional circuit judges to be assigned by the Chief Justice. Such additional circuit judges shall be elected by a joint public vote of the General Assembly; provided, that in any contested election, the vote of each member of the General Assembly present and voting shall be recorded for the same term as provided in this section for other circuit judges."
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:
"Shall Section 13, Article V of the Constitution of this State be amended to provide that the General Assembly divide the State into judicial circuits of compact and contiguous territory with each of the six congressional districts composed of three circuits with the General Assembly reapportioning the judicial circuits decennially to ensure that each has approximately the same population, and provide that for each circuit a judge shall be elected by a public vote of the members of the General Assembly representing any portion of a district within a judicial circuit?
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'."