South Carolina H 3999: Constitutional Amendment, dual office holding exclusions

Bill Text

2025-2026 Bill 3999 Text of Previous Version (Feb. 13, 2025) - South Carolina Legislature Online 

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'."

----XX----

This web page was last updated on February 13, 2025 at 11:32 AM