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PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO REVISE THE METHOD OF SELECTION FROM ELECTION BY THE GENERAL ASSEMBLY TO APPOINTMENT BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, EFFECTIVE JULY 1, 2009; TO SECTION 8, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO REVISE THE METHOD OF SELECTION FROM ELECTION BY THE GENERAL ASSEMBLY TO APPOINTMENT BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, EFFECTIVE JULY 1, 2009; AND TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND CIRCUIT COURT, SO AS TO MAKE A CONFORMING CHANGE ADDING A REFERENCE TO THE APPOINTMENT OF MEMBERS TO THE SUPREME COURT AND COURT OF APPEALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3, Article V of the Constitution of this State be amended to read:
"Section 3. The members of the Supreme Court shall be elected appointed by a joint public vote of the General Assembly the Governor upon the advice and consent of the Senate for a term of ten years, and shall continue in office until their successors shall be elected appointed and qualified, and shall be classified so that the term of one of them shall expire every two years. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Appointment by the Governor upon the advice and consent of the Senate begins on July 1, 2009, and applies to all vacancies which occur or terms which expire on and after this date."
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 Section 3, Article V of the Constitution of this State be amended so as to provide that beginning on and after July 1, 2009, as vacancies occur or terms otherwise expire, justices of the Supreme Court must be appointed by the Governor upon the advice and consent of the Senate?
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'."
SECTION 3. It is proposed that Section 8, Article V of the Constitution of this State be amended to read:
"Section 8. The members of the Court of Appeals shall be elected appointed by a joint public vote of the General Assembly the Governor upon advice and consent of the Senate for a term of six years and shall continue in office until their successors shall be elected appointed and qualify qualified. In any contested election, the vote of each member of the General Assembly present and voting shall be recorded. Provided, that for the first election of members of the Court of Appeals, the General Assembly shall by law provide for staggered terms. Appointment by the Governor upon the advice and consent of the Senate begins on July 1, 2009, and applies to all vacancies which occur or terms which expire on and after this date."
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 8, Article V of the Constitution of this State be amended so as to provide that beginning on and after July 1, 2009, as vacancies occur or terms otherwise expire, judges of the Court of Appeals must be appointed by the Governor upon the advice and consent of the Senate?
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'."
SECTION 5. It is proposed that Section 18, Article V of the Constitution of this State be amended to read:
"Section 18. All vacancies in the Supreme Court, Court of Appeals, or Circuit Court shall be filled by appointments or elections as prescribed in Sections 3, 8, and 13 of this article; provided, that if the unexpired term does not exceed one year such vacancy may be filled by the Governor. When a vacancy is filled by either appointment or election, the incumbent shall hold office only for the unexpired term of his predecessor."
SECTION 6. 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 18, Article V of the Constitution of this State be amended so as to provide that if justices of the Supreme Court and judges of the Court of Appeals are appointed by the Governor upon the advice and consent of the Senate vacancies in these offices, the remaining term for which exceeds one year, also shall be filled in a like manner?
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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