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South Carolina Gubernatorial Elections, Amendment 1 (2012)
| South Carolina Amendment 1 3 | |
|---|---|
 | |
| Election date November 6, 2012 | |
| Topic Elections and campaigns | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The South Carolina Gubernatorial Elections Amendment, also known as Amendment 1, was on the November 6, 2012, ballot in South Carolina as a legislatively referred constitutional amendment. The measure was approved.
The measure provided that a candidate for the office of governor shall select a lieutenant governor candidate to run on his or her ticket and be elected jointly. Should the lieutenant governor resign or be removed from office then the governor would appoint a new lieutenant governor with consent of the senate. These provisions of Amendment 1 were set to become effective for the general election of 2018, according to the bill's language.[1]
The measure also repealed the lieutenant governor's role as president of the South Carolina Senate and empowered state senators to elect a president of the senate from amongst themselves starting in 2019.
Aftermath
Succession of Lt. Gov. McMaster
There was some ambiguity regarding the effective date of Amendment 1, which caused a conflict in 2016 over who would succeed Lt. Gov. Henry McMaster when he took over for Gov. Nikki Haley, who was appointed to serve as U.S. ambassador to the United Nations.
Amendment 1 was inserted into the South Carolina Constitution with the ratification date May 29, 2014.[2] State Sen. Tom Davis (R-46) claimed the phrase "become effective for the general election of 2018” in Section 1(G) authorized an effective date in 2018.[3] The difference was due to a "scrivener's error or clerical error," according to Sen. Tom Davis.[4]
The alleged error was discussed following President Donald Trump's announcement of Gov. Nikki Haley as his pick for U.S. ambassador to the United Nations. Lt. Gov. Henry McMaster would succeed Haley as governor. However, who would succeed McMaster as lieutenant governor was less clear due to the issue with Amendment 1's ratification date. Sen. Tom Davis wanted to change the assigned ratification date to match the language found in Section 1(G) of Amendment 1.[4]
Former Sen. Larry Martin (R-2) disagreed that a change to Amendment 1 needed to be made, saying, "I think it’s clear that all changes made in the constitutional amendment only become law in 2018. Some other senators don’t see it that way, but that’s how it is."[5]
Davis v. Leatherman et al.
Sen. Tom Davis (R-46) filed litigation with the South Carolina Supreme Court on December 12, 2016.[6][7] Sen. Davis wanted the court to resolve "this inconsistency as to the effective date of the constitutional amendments in favor of the one approved by the people." Former Sen. Larry Martin (R-2) filed a brief in support of the lawsuit.[8] Attorney General Alan Wilson (R) also agreed that the court should provide an interpretation of the amendment, saying, "There are several ambiguities the court must resolve."[9]
On January 11, 2017, the state supreme court agreed to take up the case.[10] The court canceled hearings for the case, writing, "The parties are in agreement."[11] On January 18, 2017, the South Carolina Supreme Court ruled that Amendment 1 did not take effect until 2018. Therefore, the President Pro Tempore of the Senate was set to become the lieutenant governor following the lieutenant governor's accession to governor in 2017.[12] President Pro Tempore Hugh Leatherman (R-31) resigned for one day as president to avoid becoming lieutenant governor.[13] The state Senate elected Sen. Kevin Bryant (R-3) to serve as the Senate president for one day in order to ascend to the lieutenant governor's office.[14]
Implementing legislation
The South Carolina State Legislature did not pass legislation to implement Amendment 1 during the 2017 legislative session. The issue was revisited at the beginning of the 2018 legislative session, which started on January 9, 2018, and a bill was passed in March 2018. The bill was designed to require gubernatorial candidates to choose a running mate by August 1, and the joint ticket is to be treated as a single candidate with regard to campaign finance rules and restrictions under the law. A salary increase for the lieutenant governor—which was discussed and included in early proposals—was not included in the legislation.[15]
On January 11 prior to the bill's passage, Senate Majority Leader Shane Massey (R-25) described the situation, saying, "We’re deadlocked right now, primarily because of something that has nothing at all to do with the lieutenant governor." Sen. Massey added, "The candidates don’t know what the rules are right now." Legislators disagreed over whether the implementing legislation should include salary increases for statewide officials and judges, not just the lieutenant governor. Rep. Murrell Smith (R-67) said that the bill should include salary increases for other officials too, noting, "All of them need to be fed out of the same spoon."[16]
On February 8, 2018, Sen. Harvey Peeler (R-14) called for postponing the candidate filing deadline, from March 30, 2018, to April 27, 2017, and postponing the primary election, from June 12, 2018, to July 10, 2018.[17][18]
Election results
- See also: 2012 ballot measure election results
The following are official election results:
| South Carolina Amendment 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 1,009,367 | 55.51% | ||
| No | 809,063 | 44.49% | ||
46 out of 46 counties completely reported.
Results via South Carolina State Election Commission.
Text of measure
Ballot title
The official ballot question was as follows:[19]
| “ | Amendment 1
Beginning with the general election of 2018, must Section 8 of Article IV of the Constitution of this State be amended to provide that the Lieutenant Governor must be elected jointly with the Governor in a manner prescribed by law; and upon the joint election to add Section 37 to Article III of the Constitution of this State to provide that the Senate shall elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law; to delete Sections 9 and 10 of Article IV of the Constitution of this State containing inconsistent provisions providing that the Lieutenant Governor is President of the Senate, ex officio, and while presiding in the Senate, has no vote, unless the Senate is equally divided; to amend Section 11 to provide that the Governor shall fill a vacancy in the Office of Lieutenant Governor by appointing a successor with the advice and consent of the Senate; and to amend Section 12 of Article IV of the Constitution of this State to conform appropriate references?[20] |
” |
Ballot summary
The official ballot summary was as follows:[19]
| “ | Explanation
A 'Yes' vote will require, from 2018 onward, the Governor and Lieutenant Governor to run on the same ticket and be elected to office jointly. As a result, the Lieutenant Governor will no longer preside over the Senate and the Senate will elect their presiding officer from within the Senate body. A ‘No' vote maintains the current method of electing the Governor and Lieutenant Governor separately. The Lieutenant Governor shall continue to serve as President of the Senate.[20] |
” |
Constitutional changes
- See also: Article III and Article IV of the South Carolina Constitution
The measure added a Section 37 to Article III and amended Sections 8, 9, 10, 11, and 12 of Article IV of the South Carolina Constitution. The following underlined text was added and the struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
Section 8. (A) A Lieutenant Governor shall must be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.
(B) Beginning with the general election of 2018, a person seeking the office of Governor in any manner that a person's name may appear on the ballot as a candidate for that office, and before that person's name is certified to appear on the ballot for the general election, shall select a qualified elector to serve as Lieutenant Governor.
(C) All candidates for the offices of Governor and Lieutenant Governor must be elected jointly in a manner prescribed by law so that each voter casts a single vote to elect a candidate for the office of Governor and Lieutenant Governor.
(D) The General Assembly shall provide by law the manner in which a candidate for Lieutenant Governor is selected.
(B) It is proposed that Article III of the Constitution of this State be amended by adding:
Section 37. The Senate shall, as soon as practicable after the convening of the General Assembly in 2019 and every four years thereafter, elect from among the members thereof a President to preside over the Senate and to perform other duties as provided by law.
(C) It is proposed that Article IV of the Constitution of this State be amended by deleting Section 9 which reads:
Section 9. The Senate shall as soon as practicable after the convening of the General Assembly choose a President Pro Tempore to act in the absence of the Lieutenant Governor. A member of the Senate acting as Lieutenant Governor shall thereupon vacate his seat and another person shall be elected in his stead.
(D) It is proposed that Article IV of the Constitution of this State be amended by deleting Section 10, which reads:
Section 10. The Lieutenant Governor shall be President of the Senate, ex officio, and while presiding in the Senate, shall have no vote, unless the Senate be equally divided.
(E) It is proposed that Section 11, Article IV of the Constitution of this State be amended to read:
Section 11. In the case of the removal of the Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Lieutenant Governor shall be Governor. In case the Governor be impeached, the Lieutenant Governor shall act in his stead and have his powers until judgment in the case shall have been pronounced. In the case of the temporary disability of the Governor and in the event of the temporary absence of the Governor from the State, the Lieutenant Governor shall have full authority to act in an emergency. In the case of the removal of the Lieutenant Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Governor shall appoint, with the advice and consent of the Senate, a successor to fulfill the unexpired term.
(F) It is proposed that Section 12, Article IV of the Constitution of this State be amended to read:
Section 12. (1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General, and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session, it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office.
(G) It is proposed that the amendments proposed to Article IV of the Constitution of this State become effective for the general election of 2018 and the organization of the Senate to take place following the general election of 2018.[20]
Support
The League of Women Voters of South Carolina issued pro and con statements for Amendment 1. The supporting statement said:[21]
| “ | A single ticket election process would provide a more harmonious and cohesive executive policy, avoid a possible change of the executive agenda in “midstream,” and ensure continuity of that agenda in case the Governor is unable to complete the term. Also it would clearly define the leadership roles and authority (power) balance between the two legislative branches and that of the executive branch. The federal process of electing the President and Vice President on a single ticket has worked well.[20] | ” |
Opposition
The League of Women Voters of South Carolina issued pro and con statements for Amendment 1. The opposing statement said:[21]
| “ | The process of electing the Governor and Lieutenant Governor on a single ticket deprives the voter of the opportunity to “vote for the person” rather than a party label. A single ticket election process places too much power in the hands of the Governor through the selection process and continuity of agenda.[20] | ” |
Path to the ballot
- See also: Amending the South Carolina Constitution
Section 1 of Article XVI of the South Carolina Constitution requires a two-thirds vote of each house of the South Carolina Legislature to refer a constitutional amendment to the ballot.
Amendment 1 was filed in the state legislature as House Bill 3152 on December 7, 2010. On April 26, 2012, the South Carolina Senate approved the amendment, with 34 senators voting in favor and one voting against. The South Carolina House of Representatives passed the amendment on May 16, 2016, with 97 representatives voting in favor and 16 voting against.[22]
Senate vote
April 26, 2012
| South Carolina HB 3152 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 34 | 97.14% | ||
| No | 1 | 2.86% | ||
House vote
May 16, 2012
| South Carolina HB 3152 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 97 | 85.84% | ||
| No | 16 | 14.16% | ||
See also
Additional reading
External links
Footnotes
- ↑ 1.0 1.1 South Carolina Legislature, "House Bill 3152," accessed November 30, 2016
- ↑ South Carolina Constitution, "Article IV," accessed December 3, 2016
- ↑ Fitsnews, “Tom Davis: SC Senate Must Clarify Executive Succession,” December 2, 2016
- ↑ 4.0 4.1 The Greenville News, "Senator prepared to file suit over lieutenant governor succession, constitutional amendment," December 2, 2016
- ↑ ManningLive, "Who will be the next SC lieutenant governor?" December 6, 2016
- ↑ WACH, "SC Senator files petition over Lt. Governor confusion," December 12, 2016
- ↑ South Carolina Supreme Court, "Davis v. Leatherman et al.," December 12, 2016
- ↑ FITS News, "Ex-Legislative Leader Addresses SC Succession Suit," January 5, 2017
- ↑ The Post and Courier, "Attorney General Alan Wilson responds to Sen. Tom Davis lawsuit," January 3, 2016
- ↑ The Washington Times, "State Supreme Court to resolve lieutenant governor questions," January 11, 2017
- ↑ WSOCTV, "Cancellation indicates lt. gov. can't pick successor," January 17, 2017
- ↑ The Post and Courier, "S.C. Supreme Court says Senate president has to become lieutenant governor," January 18, 2017
- ↑ SC Now, "Hugh Leatherman resigns as S.C. Senate president pro tempore," January 24, 2017
- ↑ The State, "Who is Kevin Bryant, SC’s next lieutenant governor?" January 24, 2017
- ↑ The Post and Courier, "Rules to elect a joint South Carolina governor-lt. governor ticket finalized," March 14, 2018
- ↑ The Post & Courier, "S.C. lawmakers hit impasse over bill to create joint ticket for governor, Lt. Gov. in 2018 election," January 11, 2018
- ↑ South Carolina State Legislature, "Senate Joint Resolution 985," accessed February 9, 2018
- ↑ The Post & Courier, "Postponing South Carolina party primaries proposed following impasse over gov.-lt. gov. joint ticket," February 8, 2018
- ↑ 19.0 19.1 South Carolina State Elections Commission, "Ballot Measure 1," accessed March 30, 2016
- ↑ 20.0 20.1 20.2 20.3 20.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 21.0 21.1 League of Women Voters of South Carolina, "November 6, 2012 General Election South Carolina Constitutional Amendment Question," accessed November 30, 2016
- ↑ HB 3152 Overview," accessed November 30, 2016
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