South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

H. 3161

STATUS INFORMATION

Joint Resolution
Sponsors: Rep. Davenport
Document Path: l:\council\bills\gjk\20044sd03.doc
Companion/Similar bill(s): 242

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Public officials, recall and removal procedures

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled HJ-4
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-67
   1/14/2003  House   Referred to Committee on Judiciary HJ-67

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN OFFICERS, BY ADDING SECTION 4 SO AS TO PROVIDE FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING STATE OR LOCAL GOVERNMENT OFFICES FILLED BY A VOTE OF QUALIFIED ELECTORS AND TO REQUIRE THE GENERAL ASSEMBLY TO ENACT IMPLEMENTING LEGISLATION.

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

SECTION    1.    It is proposed that Article XV of the Constitution of this State be amended by adding at the end:

"Section 4.    A person holding a public office in the executive or legislative branch of state or local government that is filled by a vote of qualified electors may be recalled and removed from that office by a vote of the qualified electors eligible to vote in the election of his successor. The General Assembly shall provide by law the procedure necessary to implement the provisions of this section."

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 Article XV of the Constitution of this State be amended to add Section 4 so as to provide for the recall and removal from public office, by a vote of the qualified electors eligible to vote in the election of a successor, of a person holding a public office in the executive or legislative branch of state or local government that is filled by a vote of qualified electors and to require the General Assembly to enact implementing legislation?

Yes    []

No    []

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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