H 3999

South Carolina General Assembly
126th Session, 2025-2026
Bill 3999
Indicates Matter Stricken
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 3, Article Vi and
section 1A, Article XVII of the constitution of south carolina, 1895, both
RELATING TO DUAL OFFICE HOLDING, both SO AS TO PROVIDE THAT ANY OFFICE HOLDER
OR APPOINTEE WHOSE POSITION IS WHOLLY UNCOMPENSATED, EXCEPT FOR PER DIEM AND
EXPENSE REIMBURSEMENT AS MAY BE PROVIDED BY LAW, IS EXEMPT FROM DUAL OFFICE
HOLDING provisions.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  It is proposed that Section 3, Article VI of the
Constitution of this State be 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, or any other office holder or appointee whose position is
wholly uncompensated except for per diem and expense reimbursement as may be
provided by law.
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 3,
Article VI of the Constitution of this State, relating to dual office holding,
be amended so as to provide that any office holder or appointee whose
position is wholly uncompensated, except for per diem and expense reimbursement
as may be provided by law, is exempt from dual office holding prohibitions?
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'."
SECTION 3.  It is proposed that Section 1A, Article XVII of the
Constitution of this State be 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, or any other office holder or appointee
whose position is wholly uncompensated except for per diem and expense reimbursement
as may be provided by law. 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.
SECTION 4.  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 1A,
Article XVII of the Constitution of this State, relating to dual office holding,
be amended so as to provide that any office holder or appointee whose
position is wholly uncompensated, except for per diem and expense reimbursement
as may be provided by law, is exempt from dual office holding prohibitions?
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 February 13, 2025 at 11:32 AM