Current StatusView additional legislative information at the LPITS web site.Bill Number: 3112 Ratification Number: 14 Act Number 9 Introducing Body: House Subject: Relating to dual office holding and qualification for office
(A9, R14, H3112)
AN ACT TO RATIFY AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICE HOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER OFFICE.
Be it enacted by the General Assembly of the State of South Carolina:
Constitutional amendment ratified
SECTION 1. The amendment to Section 24, Article III of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that the section is amended to read:
"Section 24. No person is eligible to a seat in the General Assembly while he holds any office or position of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the militia, members of lawfully and regularly organized fire departments, constables, and notaries public. If any member accepts or exercises any of the disqualifying offices or positions he shall vacate his seat."
Constitutional amendment ratified
SECTION 2. The amendment to Section 3, Article VI of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that the section is amended to read:
"Section 3. No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a Constitutional Convention."
Constitutional amendment ratified
SECTION 3. The amendment to Section 1A, Article XVII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 207 of 1987, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that the section is amended to read:
"Section 1A. Every qualified elector is eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. No person may hold two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public. The limitation above set forth 'No person may hold two offices of honor or profit at the same time,' does not apply to the circuit judges of the State under the circumstances stated in this section, but whenever it appears that any or all of the Justices of the Supreme Court are disqualified or otherwise prevented from presiding in any cause for the reasons set forth in Section 6 of Article V of the Constitution, the Chief Justice or in his stead the Senior Associate Justice when available shall designate the requisite number of circuit judges for the hearing and determination of the hearing. The limitation above set forth does not prohibit any officeholder from being a delegate to a constitutional convention."