South Carolina General Assembly
116th Session, 2005-2006

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Bill 34

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

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COMMITTEE REPORT

January 26, 2005

S. 34

Introduced by Senators Richardson, Ryberg, Elliott and Verdin

S. Printed 1/26/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 34) to amend Section 2-19-90 of the 1976 code relating to the election of judges, to provide that in order to be elected, a judicial candidate must receive, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, line 41, Section 2-19-90, as contained in SECTION 1, by striking line 41 in its entirety and inserting:

/    the General Assembly House of Representatives and a majority of    /

Renumber sections to conform.

Amend title to conform.

DICK ELLIOTT for Committee.

            

A BILL

TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.

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

SECTION    1.    Section 2-19-90 of the 1976 Code is amended to read:

"Section 2-19-90.    The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly House of Representative and a majority of the vote of the members of the Senate voting in joint session."

SECTION    2.    Chapter 1 of Title 2 of the 1976 Code is amended by adding:

"Section 2-1-95.    In order to be elected, any candidate elected by the General Assembly in joint session must receive a majority of the vote of the members of the House of Representatives and a majority of the vote of the members of the Senate voting in the joint session."

SECTION    3.    This act takes effect upon approval by the Governor.

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