South Carolina General Assembly
124th Session, 2021-2022

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Bill 3446


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Indicates New Matter


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

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT OF THE STATE, SO AS TO INCREASE THE NUMBER OF ASSOCIATE JUSTICES FROM FOUR TO SIX, AND TO MAKE CONFORMING ADJUSTMENTS REGARDING THE NUMBER OF JUSTICES NECESSARY TO CONSTITUTE A QUORUM OR TO REVERSE A JUDGMENT OF A LOWER COURT.

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

SECTION    1. It is proposed that Section 2, Article V of the Constitution of this State be amended to read:

    "The Supreme Court shall consist of a Chief Justice and four six Associate Justices, any three four of whom shall constitute a quorum for the transaction of business. The Chief Justice shall preside, and in his absence the senior Associate Justice. In all cases decided by the Supreme Court, the concurrence of three four of the Justices shall be necessary for a reversal of the judgment below."

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 2, Article V of the Constitution of this State, relating to the South Carolina Supreme Court, be amended so as to provide that the Supreme Court shall consist of the Chief Justice and six Associate Justices and that a minimum of four Justices are necessary to constitute a quorum or to reverse a judgment from a lower court?

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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