South Carolina H 3526: Judicial Election Reform

Bill Text

2025-2026 Bill 3526 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3526

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 Sections 3, 8, and 13, ARTICLE V OF THE 
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE election of supreme court 
justices, court of appeals judges, and circuit court judges, respectively, all SO 
AS TO PROVIDE THAT they SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND 
CONSENT OF THE GENERAL ASSEMBLY RATHER THAN BEING ELECTED BY THE GENERAL 
ASSEMBLY; to amend section 18, article V, relating to vacancies in these 
judgeships, so as to provide for appointment by the governor upon advice and 
consent of the general assembly and to delete provisions regarding unexpired 
terms not exceeding one year; AND TO REPEAL section 27, article v regarding PROVISIONS 
REQUIRING THE GENERAL ASSEMBLY TO ESTABLISH A JUDICIAL MERIT SCREENING 
COMMISSION.

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

SECTION 1. It is proposed that Section 3, Article V of the 
Constitution of this State be amended to read:

 Section 3. 
The members of the Supreme Court shall be elected by a 
joint public vote of the General Assemblyappointed 
by the Governor, upon the advice and consent of the General Assembly, 
for a term of ten years, and shall continue in office until their successors 
shall be elected and qualifiedappointed 
and confirmed, and shall be classified so that the term of one of them 
shall expire every two years. In any contested election, 
the vote of each member of the General Assembly present and voting shall be 
recorded.

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 V of the Constitution of this State, relating to the election of 
members of the Supreme Court, be amended so as to provide that Supreme 
Court justices be appointed by the Governor upon the advice and consent of the 
General Assembly rather than being elected by the General Assembly?

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 8, Article V of the 
Constitution of this State be amended to read:

 Section 8. 
The members of the Court of Appeals shall be elected by a 
joint public vote of the General Assemblyappointed 
by the Governor, upon the advice and consent of the General Assembly, 
for a term of six years and shall continue in office until their successors 
shall be elected and qualifyappointed 
and confirmed. In any contested election, the vote 
of each member of the General Assembly present and voting shall be recorded. 
Provided, that for the first election of members of the Court of Appeals, the 
General Assembly shall by law provide for staggered terms.

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 8, 
Article V of the Constitution of this State, relating to the election of the 
members of the Court of Appeals, be amended so as to provide that judges 
of the Court of Appeals be appointed by the Governor upon the advice and 
consent of the General Assembly rather than being elected by the General 
Assembly?

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 5. It is proposed that Section 13, Article V of the 
Constitution of this State be amended to read:

 Section 13. 
The General Assembly shall divide the State into judicial circuits of compact 
and contiguous territory. For each circuit a judge or judges shall be elected by a joint public vote of the General Assembly; 
provided, that in any contested election, the vote of each member of the 
General Assembly present and voting shall be recorded. Heappointed 
by the Governor, upon the advice and consent of the General Assembly. A circuit 
court judge shall hold office for a term of six years, and at the time 
of his electionappointment 
he shall be an elector of a county of, and during his continuance in office he 
shall reside in, the circuit of which he is judge.

 The General Assembly 
may by law provide