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3790Type of Legislation: Joint Resolution JRIntroducing Body: HouseIntroduced Date: 20010322Primary Sponsor: FlemingAll Sponsors: Fleming, Harrison, Quinn, J. Young, Wilkins, Altman, Edge, KnottsDrafted Document Number: l:\council\bills\nbd\11429dw01.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Candidate seeking elective office to be qualified elector of district, General Assembly legislative candidate; ElectionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020226 Introduced, read first time, 11 SJ referred to Committee House 20020222 Read third time, sent to Senate House 20020221 Co-Sponsor added (Rule 5.2) by Rep. Knotts House 20020221 Read second time, unanimous consent for third reading on the next Legislative day House 20020205 Request for debate by Representative Scott McLeod Parks Bales Hosey Wilder Lloyd J. Hines J. Brown Fleming M. Hines Miller Breeland Gourdine Harrison Altman Cotty Campsen Jennings House 20020205 Co-Sponsor added (Rule 5.2) by Rep. Edge House 20020130 Committee report: Favorable 25 HJ House 20010322 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on January 30, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
January 30, 2002
Introduced by Reps. Fleming, Harrison, Quinn, J. Young, Wilkins, Altman, Edge and Knotts
S. Printed 1/30/02--H.
Read the first time March 22, 2001.
To whom was referred a Joint Resolution (H. 3790) proposing amendments to the Constitution of South Carolina, 1895, by amending Section 7, Article III, relating to qualifications of members of the South Carolina Senate and House of Representatives, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAY LUCAS for Committee.
PROPOSING AMENDMENTS TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING SECTION 7, ARTICLE III, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A QUALIFIED ELECTOR RATHER THAN A LEGAL RESIDENT AT THE TIME HE FILES FOR THE OFFICE AND BY ADDING SECTION 16 TO ARTICLE XVII SO AS TO REQUIRE A CANDIDATE SEEKING ELECTIVE OFFICE TO BE A QUALIFIED ELECTOR OF THE DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME HE FILES FOR THE OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:
"Section 7. No person 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 district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a
legal resident qualified elector of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, 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. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."
SECTION 2. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 16. In addition to other qualifications required by this Constitution to be eligible for election to an office, a candidate must be a qualified elector of the district from which he is to be elected at the time he files for the office."
SECTION 3. The proposed amendments 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 7, Article III of the Constitution of this State, relating to qualifications for Senators and Members of the House of Representatives be amended, so as to require a candidate seeking elective office or a candidate for the Senate or House of Representatives be a qualified elector of the district from which he is to be elected at the time he files for the office and to amend Article XVII, relating to miscellaneous matters, by adding Section 16 so as to require a candidate for any other elective office to be a qualified elector of the district from which he is to be elected at the time he files for the office?
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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