Bill 1166

                    Current Status

Bill Number:                    1166
Ratification Number:            428
Act Number:                     445
Type of Legislation:            Joint Resolution JR
Introducing Body:               Senate
Introduced Date:                19980402
Primary Sponsor:                Moore 
All Sponsors:                   Moore 
Drafted Document Number:        jud9064.tlm
Date Bill Passed both Bodies:   19980603
Governor's Action:              U Signature of Governor not
                                required
Date of Governor's Action:      19980604
Subject:                        Legislative candidate for House or
                                Senate, legal resident of district
                                before filing; Elections, General
                                Assembly

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980910  Act No. A445
------  19980604  Signature of Governor not required
------  19980604  Ratified R428
House   19980603  Read third time, enrolled for
                  ratification
House   19980602  Read second time
House   19980527  Committee report: Favorable              25 HJ
House   19980416  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980415  Read third time, sent to House
Senate  19980414  Read second time, unanimous
                  consent for third reading on
                  Wednesday, 19980415
Senate  19980408  Committee report: Favorable              11 SJ
Senate  19980402  Introduced, read first time,             11 SJ
                  referred to Committee

(A445, R428, S1166)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.

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

Candidates must be legal residents

SECTION 1. It is proposed that Section 7, Article III of the Constitution of this State be amended to read:

"Section 7. No person is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected."

Submission to electors

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:

"Shall Section 7, Article III of the Constitution of this State, relating to the qualifications of Senators and members of the House of Representatives, be amended so as to provide that a candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for the office?

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'."

Ratified the 4th day of June, 1998.