Bill Text: SC S0376 | 2023-2024 | 125th General Assembly | Introduced

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Bill Title: Election of Judicial Candidates

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-01-12 - Referred to Committee on Judiciary [S0376 Detail]

Download: South_Carolina-2023-S0376-Introduced.html

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South Carolina General Assembly
125th Session, 2023-2024

Bill 376

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Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-3-10, RELATING TO COMPOSITION OF COURT AND ELECTION OF JUSTICES; TERM, SO AS TO DEFINE ELECTION BY JOINT VOTE OF THE GENERAL ASSEMBLY TO MEAN A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE; BY AMENDING SECTION 14-5-610(B), RELATING TO DIVISION OF STATE INTO SIXTEEN JUDICIAL CIRCUITS; NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT; ELECTION OF ADDITIONAL JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO DEFINE ELECTION BY JOINT VOTE OF THE GENERAL ASSEMBLY TO MEAN A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE; AND BY AMENDING SECTION 14-8-20(a), RELATING TO ELECTION OF MEMBERS OF THE COURT; TERMS OF OFFICE, SO AS TO DEFINE ELECTION BY JOINT VOTE OF THE GENERAL ASSEMBLY TO MEAN A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE.

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

SECTION 1.   Section 14-3-10 of the S.C. Code is amended to read:

   Section 14-3-10.   The Supreme Court shall consist of a Chief Justice and four associate justices, who shall be elected by a joint viva voce vote of the General Assembly, wherein the candidate must receive a majority vote of the members of the House of Representatives and a majority vote of the members of the Senate. Each justice shall serve for a term of ten years and shall continue in office until their successors are elected and qualified. They shall be so classified that one of them shall go out of office every two years. The successors of the Chief Justice and associate justices shall each be elected at the session of the General Assembly next preceding the expiration of their respective terms. The time for the commencement of their terms of office shall be the first day of August after their election.

SECTION 2.   Section 14-5-610(B) of the S.C. Code is amended to read:

   (B) Judges shall be elected by a joint vote of the General Assembly, wherein the candidate must receive a majority vote of the members of the House and Representatives and a majority vote of the members of the Senate. One judge must be elected from the sixth and twelfth circuits. Two judges must be elected from the first, second, third, fourth, seventh, eighth, tenth, eleventh, and sixteenth circuits. Three judges must be elected from the fifth, fourteenth, and fifteenth circuits. Four judges must be elected from the ninth and thirteenth circuits.

SECTION 3.   Section 14-8-20(a) of the S.C. Code is amended to read:

   Section 14-8-20.   (a) The members of the Court shall be elected by joint public vote of the General Assembly, wherein the candidate must receive a majority vote of the members of the House of Representatives and a majority vote of the members of the Senate. Each member of the Court shall serve for a term of six years and until their successors are elected and qualify; provided, however, that of those judges initially elected, the Chief Judge (Seat 5) and the judge elected to Seat 6 shall be elected for terms of six years each, the judges elected to Seats 3 and 4 shall be elected for terms of four years each, and the judges elected to Seats 1 and 2 shall be elected for terms of two years each. The terms of office of the judges of the Court shall begin on July 1, 1985. Prior to such date, the General Assembly shall have authority to take such measures as necessary to secure accommodations, personnel, supplies, and equipment and such other matters as may be necessary to effect full implementation of the Court for operation by such date.

SECTION 4.   This act takes effect upon approval by the Governor.

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