South Carolina General Assembly
115th Session, 2003-2004

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Bill 3828


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION OF NOT MORE THAN THREE QUALIFIED CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMIT ON THE NUMBER OF NAMES THE COMMISSION MAY SUBMIT TO THE GENERAL ASSEMBLY FOR ELECTION PROVIDED ALL ARE FOUND QUALIFIED.

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

SECTION    1.    Section 2-19-80(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:

"(A)    The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names. There is no limit on the number of names the commission may submit to the General Assembly for election provided all are found qualified."

SECTION    2.    This act takes effect upon approval by the Governor.

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