Current Status Bill Number:
3241Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970115Primary Sponsor: KnottsAll Sponsors: Knotts, Sharpe, Bauer, Spearman, Tripp, Meacham, Rhoad, Whatley, Simrill, Cooper, Trotter, Townsend, Neilson, Walker, Young-Brickell, Law, Quinn, Kelley, Koon, Riser, Fleming, Lanford and MartinDrafted Document Number: gjk\23178sd.97Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Confederate Battle Flag, voters to decide if displayed atop State House, buildings, elections, referendum
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970115 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE FOR THE MANNER IN WHICH THIS REFERENDUM SHALL BE CONDUCTED, TO PROVIDE FOR THE FLYING OR PROHIBITION OF THE FLYING OF THE FLAG ABOVE THE STATE HOUSE AFTER THE RESULTS OF THE REFERENDUM ARE CERTIFIED, TO PROVIDE THAT UNTIL THE RESULTS OF THE 1998 REFERENDUM ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG SHALL CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, AND TO PROVIDE THAT NO ADDITIONAL REFERENDUM CONCERNING THE FLYING OF THE FLAG ABOVE THE STATE HOUSE MAY BE CONDUCTED FOR A PERIOD OF TEN YEARS FROM THE DATE OF THE 1998 REFERENDUM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) A statewide referendum must be held at the same time as the 1998 general election to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should be flown above the State House. The State Election Commission must place the question contained in this section on the general election ballot in November, 1998. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. If the result of this referendum is in favor of flying the Confederate Battle Flag above the State House, the flag must be flown beginning upon the certification of the referendum results. If the result of this referendum is not in favor of flying the Confederate Battle Flag above the State House, the officials in charge of flying the flag are prohibited from flying it above the State House upon the certification of the referendum results.
(B) The question put before the voters at the 1998 referendum shall read as follows:
"Do you favor flying the Confederate Battle Flag above the State House in Columbia?
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'."
(C) Until the results of the 1998 referendum are certified, the Confederate Battle Flag shall continue to be flown above the State House.
(D) No additional referendum concerning the flying of the flag above the State House may be conducted for a period of ten years from the date of the 1998 referendum.
SECTION 2. This act takes effect upon approval by the Governor.