South Carolina S 95: Ballot Initiative

Bill Text

2025-2026 Bill 95 Text of Previous Version (Jan. 17, 2025) - South Carolina Legislature Online 

 South Carolina General Assembly
126th Session, 2025-2026

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

A joint Resolution

TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS BY INITIATIVE PETITION AND REFERENDUM, TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 1B TO ARTICLE III SO AS TO PROVIDE THE NUMBER OF SIGNATURES REQUIRED AND THE TIME PERIOD OVER WHICH THE SIGNATURES MUST BE COLLECTED, TO REQUIRE IN AN INITIATIVE THE AMOUNT AND SOURCE OF REVENUE FOR IMPLEMENTATION, TO PROVIDE THOSE MATTERS WHICH MAY NOT BE THE SUBJECT OF AN INITIATIVE PETITION, AND TO REQUIRE A CERTIFIED INITIATIVE TO BE FILED WITH EACH BRANCH OF THE GENERAL ASSEMBLY, WHICH BY MAJORITY VOTE MAY ADOPT, AMEND, OR REJECT THE INITIATIVE; TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES; TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 TO ARTICLE XVI SO AS TO ESTABLISH A PROCEDURE FOR AN INITIATIVE METHOD OF AMENDING THE CONSTITUTION OF THIS STATE; AND TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES.

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

SECTION 1. It is proposed that Article III of the Constitution of this State be amended by adding:

 Section 1B. (A) In addition to the provisions of Section 1 of this article relating to the enactment of laws and in order to give meaning to the right of the people to petition their government for redress of grievances as guaranteed by Section 2, Article 1 of this Constitution, there is reserved in the people the power to repeal and enact laws by means of initiative petition. This amendment must be construed consistent with this Constitution and is and additional method of enacting general laws of the State. 

 (B)(1) Initiative and referendum powers may be invoked by presenting a petition to the State Election Commission. 

 (2) An initiative petition must contain a full and correct copy of the title and text of the proposed law. 

 (3) A petition concerning a general law must be signed over a twelve-month period by a number of qualified electors constituting not fewer than twelve percent of the total votes for all candidates for Governor in the last gubernatorial election as determined by the State Election Commission. 

 (C)(1) A proposition submitted to the voters becomes law when a majority of the votes cast on it are cast in favor of the proposition. A proposition enacted by the General Assembly as provided or in item (3) of subsection (E) becomes law upon delivery to the Secretary of State. A proposition takes effect according to the terms of the proposition or upon proclamation by the Governor, which must take place within thirty days after the votes have been canvassed. If provisions of two or more propositions approved at the same election conflict, the provisions of the proposition receiving the highest affirmative votes prevail to the extent of the conflict. 

 (2) Propositions concerning the general law must be submitted to the voters in a statewide election to be conducted at the next regular general election for representatives. If a proposition is certified by the State Election Commission no later than August first of an even-numbered year, the referendum on that proposition must be conducted in November of that year; otherwise, the referendum must be conducted in the next even-numbered year. 

 (3) The veto power of the Governor does not extend to initiative and referendum measures enacted by the people pursuant to this section. Initiative and referendum measures must not be sent to the Governor for his signature and become law without his signature. 

 (4) The style of general laws enacted by the initiative is, 'Be It Enacted by the People of the State of South Carolina'.

 (D)(1) An initiative and referendum is proposed by submitting an application containing the full text of the proposed measure to the State Election Commission. The application must be signed by five qualified electors as sponsors. The commission shall send a copy of the proposed measure to the Attorney General, South Carolina Revenue and Fiscal Affairs Office, and the Legislative Council for review and comment. Review and comment shall include suggestions about compliance with the single subject rule, preventing conflicts with existing law, language or drafting problems, and other relevant comments. No later than four weeks after submission of the application, the State Election Commission shall present the official comments to the sponsor and to the public. Neither the General Assembly nor its committees or agencies has the power to require amendment or modification