SOUTH CAROLINA CONSTITUTION
ARTICLE XVII
MISCELLANEOUS MATTERS
Art. XVII §1 | QUALIFICATIONS OF OFFICERS
Editor's Notes
Art. XVII §1A | QUALIFICATION FOR OFFICE; DUAL OFFICE HOLDING
Editor's Notes
Former Section 6 of Article V, referred to in this section, existed prior to the revision of that article by the amendment ratified by 1973 Act No 132 (1973 (58) 161). Similar provisions dealing with the disqualification of justices and judges are now found in Section 15 of Article V. For similar provisions in Constitution of 1868, see former Art XIV, Section 1.
Art. XVII §1B | PROPERTY QUALIFICATIONS; TERM OF OFFICE; DUELING
Editor's Notes
Art. XVII §2 | CLAIMS AGAINST STATE
Editor's Notes
The provisions of this section are identical to Section 10 of Article X as it now reads following the 1977 revision of that article.
Art. XVII §3 | DIVORCES
Editor's Notes
Art. XVII §4 | SUPREME BEING
Editor's Notes
Art. XVII §5 | PUBLIC PRINTING
Editor's Notes
Art. XVII §6 | REMOVAL OF CAUSES
Editor's Notes
Art. XVII §7 | LOTTERIES; BINGO; RAFFLES
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, is not considered a lottery prohibited by this section.
A raffle, if provided for by general law and conducted by a nonprofit organization for charitable, religious, fraternal, educational, or other eleemosynary purposes, is not a lottery prohibited by this section. The general law must define the type of nonprofit organization authorized to operate and conduct a raffle, provide standards for the operation and conduct of raffles, provide for the use of proceeds for religious, charitable, fraternal, educational, or other eleemosynary purposes, provide penalties for violations, and provide for other laws necessary to ensure the proper functioning, honesty, and integrity of the raffles. If a general law on the conduct and operation of a nonprofit raffle for charitable purposes, including the type of organization allowed to conduct raffles, is not enacted, then the raffle is a lottery prohibited by this section.
Editor's Notes
2015 Act No. 3, Section 1, provides in part as follows:
“SECTION 1. The amendment to Article XVII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 102 of 2013, having been submitted to the qualified electors at the General Election of 2014 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 7 of Article XVII is amended to read: [text of amendment follows].”
Effect of Amendment
2015 Act No. 3, Section 1, in the first paragraph, substituted “educational purposes” for “education purposes”, and added the third paragraph, related to raffles.Art. XVII §7B | SPECIAL ELECTION FOR BONDING MUNICIPALITY
Provided, That the General Assembly need not prescribe any such petition as a condition precedent to the holding of any such election in the City of Columbia, where the proceeds of the bonds are authorized to be used solely for the purpose of enlarging, extending and repairing a sewerage system and plant or a waterworks system and plant, or for the purchase, building and maintenance of fire stations, fire alarm systems and fire equipment, or for any one or more of said purposes. (1930 (36) 1209; 1931 (37) 109.)
Provided, further, That the limitations imposed by this Section and by Section 5 of Article X of the Constitution shall not apply to any bonded indebtedness incurred by the City of Columbia, where the bonded indebtedness is authorized to be incurred for the purpose of enlarging and maintaining its fire department or for purchase, building and maintenance of fire stations, fire alarm systems or fire equipment, or for any one or more of said purposes and when the question of incurring such bonded indebtedness is submitted to the qualified electors of said City at an election or elections to be called by the City Council of said City, and a majority of those voting thereon shall vote in favor thereof; and the General Assembly need not prescribe as a condition precedent to the holding of any such election a petition from the freeholders as provided in Section 13 of Article II of the Constitution. (1930 (36) 1207; 1931 (37) 110.)
Provided, That the General Assembly need not prescribe any such petition as a condition precedent to the holding of any such election in the City of Myrtle Beach where the proceeds of the bonds are authorized to be used solely for the purpose of enlarging, extending and improving the waterworks system or the sewage disposal system. (1960 (51) 2551; 1961 (52) 23.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Columbia where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Columbia. It is intended that the term “City of Columbia” as used in this amendment shall mean the City of Columbia with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 3231; 1965 (54) 45.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Charleston where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Charleston. It is intended that the term “City of Charleston” as used in this amendment shall mean the City of Charleston with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 2668; 1965 (54) 51.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Greenville where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Greenville. It is intended that the term “City of Greenville” as used in this amendment shall mean the City of Greenville with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1964 (53) 2873; 1965 (54) 83.)
Provided, that provisions of this section prescribing the petition of freeholders as a condition precedent to the holding of any such election shall not apply to the City of Spartanburg where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Spartanburg. It is intended that the term “City of Spartanburg” as used in this amendment shall mean the City of Spartanburg with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1966 (54) 3704; 1967 (55) 12.)
Provided, that the provisions of this section requiring a petition of the freeholders and the holding of an election shall not apply to any obligation incurred by the City of Florence to Florence County or to any agency of Florence County resulting from a long term lease of a portion of a multistoried office building to be erected by Florence County for the purpose of providing courthouse, jail, city hall, office and related facilities for Florence County and for the City of Florence and for other governmental agencies, pursuant to which the full faith and credit of the City of Florence is pledged to the payment of rent and other obligations under such lease. (1966 (54) 3203; 1967 (55) 136.)
Provided, that the General Assembly need not prescribe any such petition of freeholders as a condition precedent to the holding of any such election in the City of Greer where the proceeds of the bonds to be authorized are used for any corporate purpose of the City of Greer. It is intended that the term “City of Greer” as used in this amendment shall mean the City of Greer with corporate limits as now constituted or as hereafter altered following merger, annexation, or modification of corporate limits. (1966 (54) 3694; 1967 (55) 233.)
Provided, that provisions of this section prescribing the petition of freeholders as a condition precedent to the holding of any such election shall not apply to any incorporated municipality located in York County where the proceeds of the bonds to be authorized are used for any corporate purpose of such municipality. It is intended that the term “Incorporated municipality in York County” as used in this amendment shall mean all incorporated municipalities now existing or hereafter created, and as originally constituted or as afterwards altered following merger, annexation, or modification of corporate limits. (1968 (55) 3973; 1969 (56) 20; 1970 (56) 2691; 1971 (57) 319.)
Editor's Notes
The reference to “Section 12 of this Article” in the first paragraph of this section is to former Section 12 of Article II as it existed prior to the revision of that article by 1971 Act No 277 (1971 (57) 319). The present provisions of Section 5 of Article II are somewhat similar to those of Section 12 of that article as it existed prior to the 1971 revision.
The reference to “Section 13 of Article II” in the third paragraph of this section is to this section as it now exists following the revision of Article II by the amendment ratified by 1971 Act No 277 (1971 (57) 319).
Art. XVII §8 | OFFICERS GAMBLING AND BETTING
Art. XVII §9 | PROPERTY OF MARRIED WOMEN
Editor's Notes
Art. XVII §10 | LAWS NOW IN FORCE
Art. XVII §11 | SCHEDULE
Laws now of force; ordinances.
First.
That all laws in force in this State, at the time of the adoption of this Constitution, not inconsistent therewith, and constitutional when enacted shall remain in full force until altered or repealed by the General Assembly or expire by their own limitation. All ordinances passed and ratified at this Convention shall have the same force and effect as if included in and constituting a part of this Constitution.Writs, actions, etc.
Second.
All writs, actions, causes of action, proceedings, prosecutions and rights of individuals, of bodies corporate and of the State, when not inconsistent with this Constitution, shall continue as valid.Laws inconsistent with Constitution.
Third.
The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in force until such legislation is had.Fines, etc., accruing.
Fourth.
All fines, penalties, forfeitures and escheats accruing to the State of South Carolina under the Constitution and laws heretofore in force shall accrue to the use of the State of South Carolina under this Constitution, except as herein otherwise provided.Recognizances, etc.; indictments.
Fifth.
All recognizances, obligations and all other instruments entered into or executed before the adoption of this Constitution to the State, or to any County, township, city or town therein, and all fines, taxes, penalties and forfeitures due or owing to this State, or to any County, township, city or town therein, and all writs, prosecutions, actions and proceedings, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found, for any crime or offence committed before the adoption of this Constitution may be prosecuted as if no change had been made, except as otherwise provided herein.All officers hold over; compensation.
Sixth.
All officers, State, executive, legislative, judicial, circuit, district, County, township and municipal, who may be in office at the adoption of this Constitution, or who may be elected before the election of their successors as herein provided, shall hold their respective offices until their terms have expired and until their successors are elected or appointed and qualified as provided in this Constitution, unless sooner removed as may be provided by law; and shall receive the compensation now fixed by the Statute Laws in force at the adoption of this Constitution.Elections.
Seventh.
At all elections held for members of the General Assembly in case of a vacancy, or for any other office, State, County or municipal, the qualifications of electors shall remain as they were under the Constitution of Eighteen hundred and Sixty eight until the first day of November, in the year Eighteen hundred and Ninety six.Takes effect.
Eighth.
This Constitution, adopted by the people of South Carolina in Convention assembled, shall be in force and effect from and after the Thirty first day of December, in the year Eighteen hundred and Ninety five.Constitution of 1868 repealed.
Ninth.
The provisions of the Constitution of Eighteen hundred and Sixty eight and amendments thereto are repealed by this Constitution, except when re ordained and declared herein.Art. XVII §12 | CONTINUITY OF GOVERNMENTAL OPERATIONS DURING ENEMY ATTACK
(2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
Art. XVII §13 | USE OF FUNDS REALIZED BY GREENWOOD COUNTY FROM SALE OF ELECTRIC PROPERTIES AND SYSTEM
Art. XVII §14 | CITIZENS DEEMED SUI JURIS; RESTRICTIONS AS TO SALE OF ALCOHOLIC BEVERAGES
Art. XVII §15 | LAWFUL DOMESTIC UNIONS RECOGNIZABLE IN STATE; DOMESTIC UNIONS CREATED IN ANOTHER JURISDICTION
Validity
For validity of this section, see Obergefell v. Hodges, 135 S.Ct. 2584 (U.S. 2015); Condon v. Haley, 21 F.Supp.3d 572 (D. S.C. 2014); Bradacs v. Haley, 58 F.Supp.3d 514 (D. S.C. 2014).This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
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