South Carolina General Assembly
126th Session, 2025-2026

Bill 4716


Indicates Matter Stricken
Indicates New Matter


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

 

 

 

 

 

 

 

 

A joint Resolution

 

TO AMEND Section 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE appointment of magistrates, SO AS TO PROVIDE THAT they SHALL BE APPOINTED BY THE GOVERNOR by and WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY RATHER THAN By the advice and consent of the senate; to provide for a majority vote of each chamber of the general assembly; to delete provisions providing the general assembly shall provide for magistrates' terms of office and their civil and criminal jurisdiction; and to provide for terms of office of magistrates of four years and until their successors are appointed and qualified.

 

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

 

SECTION 1.  It is proposed that Section 26, Article V of the Constitution of this State be amended to read:

 

    Section 26. The Governor, by and with the advice and consent of the SenateGeneral Assembly, shall appoint a number of magistrates in such number for each county as may be provided by law. The General Assembly shall provide for their terms of office and their civil and criminal jurisdiction. The terms of office must be uniform throughout the State. The General Assembly shall require a majority vote of each chamber.  The terms of office of magistrates shall be four years and until their successors are appointed and qualified.

 

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 26, Article V of the Constitution of this State, relating to the appointments of magistrates, be amended so as to provide that magistrates shall be appointed by the Governor, by and with the advice and consent of the General Assembly, rather than by and with the advise and consent of the Senate only; to provide for a majority vote of each chamber of the General Assembly; to delete provisions providing the General Assembly shall provide for magistrates' terms of office and their civil and criminal jurisdiction; and to provide for terms of office of magistrates of four years and until their successors are appointed and qualified?

 

Yes     o

No      o

 

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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This web page was last updated on December 17, 2025 at 01:28 PM