South Carolina H 4716: Constitutional Amendment

Bill Text

2025-2026 Bill 4716 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4716

Indicates Matter Stricken
Indicates New Matter

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

A joint Resolution

TO AMEND Section 26, ARTICLE V OF THE CONSTITUTION OF 
SOUTH CAROLINA, 1895, RELATING TO THE appointment of magistrates, SO AS TO 
PROVIDE THAT they SHALL BE APPOINTED BY THE GOVERNOR by and WITH THE ADVICE AND 
CONSENT OF THE GENERAL ASSEMBLY RATHER THAN By the advice and consent of the 
senate; to provide for a majority vote of each chamber of the general assembly; 
to delete provisions providing the general assembly shall provide for 
magistrates' terms of office and their civil and criminal jurisdiction; and to 
provide for terms of office of magistrates of four years and until their 
successors are appointed and qualified.

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

SECTION 1. It is proposed that Section 26, Article V of the 
Constitution of this State be amended to read:

 Section 26. 
The Governor, by and with the advice and consent of the SenateGeneral Assembly, shall appoint a 
number of magistrates in such number for 
each county as may be provided by law. The General Assembly shall provide for their terms of office and 
their civil and criminal jurisdiction. The terms of office must be uniform 
throughout the State. The General Assembly shall 
require a majority vote of each chamber. The terms of office of magistrates 
shall be four years and until their successors are appointed and qualified.

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 26, 
Article V of the Constitution of this State, relating to the appointments of 
magistrates, be amended so as to provide that magistrates shall be 
appointed by the Governor, by and with the advice and consent of the General 
Assembly, rather than by and with the advise and consent of the Senate only; to 
provide for a majority vote of each chamber of the General Assembly; to delete 
provisions providing the General Assembly shall provide for magistrates' terms 
of office and their civil and criminal jurisdiction; and to provide for terms 
of office of magistrates of four years and until their successors are appointed 
and qualified?

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 December 17, 2025 at 01:28 PM