Bill 4289

                    Current Status

Bill Number:                       4289
Type of Legislation:               Joint Resolution JR
Introducing Body:                  House
Introduced Date:                   19970604
Primary Sponsor:                   Neal 
All Sponsors:                      Neal 
Drafted Document Number:           gjk\20842sd.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Circuit court judges, election
                                   of by qualified voters; Courts,
                                   Elections

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970604  Introduced, read first time,             25 HJ
                  referred to Committee

PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTION OF JUDGES TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS OF EACH JUDICIAL CIRCUIT SHALL ELECT THE JUDGES FOR THE JUDICIAL CIRCUITS IN THE MANNER THAT THE GENERAL ASSEMBLY SHALL PROVIDE, AND TO PROVIDE THAT PERSONS SERVING AS CIRCUIT JUDGES ON THE EFFECTIVE DATE OF THE PROVISION PROVIDING FOR THE POPULAR ELECTION OF CIRCUIT JUDGES SHALL CONTINUE TO SERVE FOR THE TERM FOR WHICH THEY WERE ELECTED.

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. the qualified electors of each judicial circuit. 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."

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 ballot:

"Must Section 13, Article V of the Constitution of this State be amended so as to provide that the qualified electors of each judicial circuit elect the judges for the 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'."