Current Status Bill Number:916 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Courson All Sponsors:Courson, Elliott, Boan, Courtney, Wilson, Rose, Giese, Reese, Gregory, Lander, Setzler, Leatherman, Mescher, Hayes Drafted Document Number:RES9774.JEC Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Legislators, ineligible for office when convicted of felony
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19950926 Prefiled, referred to Committee 11 SJ
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PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7, Article III of the Constitution of South Carolina, 1895, is amended to read:
"Section 7. No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or a violation of the election laws, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 7, Article III of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
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'."
SECTION 3. Section 1, Article VI of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 1, Article VI of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
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'."