South Carolina S 1163: Faithful Delegate to Article V Convention

Bill Text

2025-2026 Bill 1163 Text of Previous Version (Apr. 30, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 1163

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS TO ESTABLISH A 
PROCESS FOR THE SELECTION AND OVERSIGHT OF FAITHFUL DELEGATES TO AN ARTICLE V 
AMENDMENT CONVENTION.

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

SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by 
adding:

Article 29

Selection and Oversight of Faithful Delegates to an 
Article V Amendment Convention

 Section 
1-1-1910. This article applies to an Amendment Convention held under Article V 
of the United States Constitution.

 Section 
1-1-1920. As used in this article:

 (1) 
"Advisory committee" means a committee consisting of members selected by the 
South Carolina Senate and House of Representatives using the process defined in 
this article to perform the duties defined in this article.

 (2) 
"Delegate" means a person selected by the General Assembly as provided in this 
article to represent this state at an Article V Convention for Proposing 
Amendments.

 (3) 
"Commissioning resolution" means the resolution adopted by the South Carolina 
Senate and House of Representatives that sets forth the names of the appointed 
delegates, their commissions, and instructions.

 (4) 
"Delegation" means the group of delegates and interim delegates chosen by the 
General Assembly to attend an Article V convention with the powers and duties 
defined in this article.

 (5) 
"Interim delegate" means a person selected by the advisory committee to fill a 
vacancy in the delegation.

 Section 
1-1-1930. At the time of appointment and throughout 
the Article V Amendment Convention, a delegate shall meet all the following 
qualifications:

 (1) is 
a United States citizen and has been one for at least five years;

 (2) is 
a resident of the State and has been one for at least five years;

 (3) is 
at least twenty-five years old;

 (4) is 
a registered voter in South Carolina;

 (5) 
must not have been registered as or required to be registered as a federal 
lobbyist within the last five years;

 (6) 
must not have been a federal employee other than a member of the United States 
armed forces or a contractor, nor have been such an employee or contractor at 
any time during the last ten years;

 (7) must 
not have held a federal elected or appointed office any time within the last 
ten years;

 (8) 
must not have had any felony convictions for crimes in any jurisdiction within 
the last ten years; and

 (9) 
must not hold a statewide office while performing the duties of a delegate or 
interim delegate. For purposes of this section, a position as a state member of 
the General Assembly is not considered a "statewide office."

 Section 
1-1-1940. (A) Delegates shall be 
named in a concurrent resolution passed by a majority of the members of the 
Senate present and voting and a majority of the members of the House of 
Representatives present and voting. All delegates shall be appointed by this 
process.

 (B) 
The General Assembly shall maintain an odd number of delegates in the 
delegation.

 (C) A 
delegate or interim delegate may be recalled or removed at any time and for any 
reason by a concurrent resolution passed by a majority of the members of the 
Senate present and voting and a majority of the members of the House of 
Representatives present and voting; or if the General Assembly is not in 
session, a delegate or interim delegate may be recalled and suspended from 
their duties by the advisory committee, pending a ratifying vote by the General 
Assembly.

 (D) A 
delegate or interim delegate shall be recalled or suspended by the advisory 
committee if the delegate or interim delegate has exceeded his scope of 
authority.

 Section 
1-1-1950. (A) The concurrent 
resolution naming the delegates shall include their commission. The commission 
shall include, but is not limited to, the following components:

 (1) 
A delegate shall not vote for or otherwise promote any change to the 
traditional convention rule that each state has one vote.

 (2) A delegate shall not vote in favor of any 
proposed amendment that would alter the text of the specific guarantees of 
individual liberty established by the Constitution, including the original 
Constitution, the Bill of Rights, and the following amendments: Thirteenth, 
Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and 
Twenty-Sixth.

 (B) 
The concurrent resolution containing the commission shall clearly state the 
scope of the delegates' authority, which shall be limited by the following:

 (1) 
if South Carolina was not one of the two-thirds of the states applying for the 
Convention, the subject matter enumerated in the thirty-four state applicati