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Bill 1017

                    Current Status

Bill Number:                      1017
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  20020213
Primary Sponsor:                  Judiciary Committee SJ 11
All Sponsors:                     Judiciary Committee
Drafted Document Number:          l:\s-jud\bills\judiciary\jud0100.jud.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Dual office holding prohibition; General 
                                  Assembly to provide which offices are 
                                  exception to; constitutional amendment


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020514  Committed to Committee                 11 SJ
Senate  20020214  Read second time
------  20020214  Scrivener's error corrected
Senate  20020213  Introduced, read first time,
                  placed on Calendar without reference


              Versions of This Bill
Revised on February 13, 2002 - Word format
Revised on February 14, 2002 - Word format

Indicates Matter Stricken

Indicates New Matter

INTRODUCED

February 13, 2002

    S. 1017

S. Printed 2/13/02--S.    [SEC 2/14/02 4:37 PM]

Read the first time February 13, 2002.

PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    It is proposed that Section 24, Article III of the Constitution of this State be amended to read:

    "Section 24.    No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any either of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public. The General Assembly must provide by law for the offices which are exceptions to this provision. If any member accepts or exercises any of the disqualifying offices or positions, he shall must vacate his seat."

SECTION    2.     It is proposed that Section 3, Article VI of the Constitution of this State be amended to read:

    "Section    3.     No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention. The General Assembly must provide by law for the offices which are exceptions to this provision."

SECTION    3.    It is proposed that Section 1A, Article XVII of the Constitution of this State be amended to read:

    "Section 1A.    Every qualified elector is eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. No person may hold two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public. The General Assembly must provide by law for the offices which are exceptions to this provision. The limitation above set forth, "No person may hold two offices of honor or profit at the same time," does not apply to the circuit judges of the State under the circumstances stated in this section, but whenever it appears that any or all of the Justices of the Supreme Court are disqualified or otherwise prevented from presiding in any cause for the reasons set forth in Section 6 of Article V of the Constitution, the Chief Justice or in his stead the Senior Associate Justice when available shall must designate the requisite number of circuit judges for the hearing and determination of the hearing. The limitation above set forth does not prohibit any officeholder from being a delegate to a constitutional convention."

SECTION    4.    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 24 of Article III, Section 3 of Article VI, and Section 1A of Article XVII of the Constitution of this State, all relating to the prohibition against dual office holding, be amended so as to provide that the General Assembly must provide by law for the offices which are exceptions to the dual office holding prohibition?

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'."

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