NANCY MACE PROPOSES JOINT RESOLUTION REQUIRING GOVERNOR, LEGISLATORS, JUDGES, AND STATEWIDE OFFICERS TO BE NATURAL BORN CITIZENS

Proposed Resolution is Constitutional Amendment to Close Long-Overdue Gap in South Carolina Law

 Today, Nancy Mace proposed a joint resolution to amend the South Carolina Constitution to require the Governor, Lieutenant Governor, members of the South Carolina General Assembly, Justices and Judges of this State, and all statewide elected executive officers to be natural born citizens of the United States.

This resolution follows the joint resolution Rep. Mace introduced in the United States Congress requiring Members of Congress, federal judges, and Senate-confirmed officers of the United States to be natural born citizens.

“Every single state across the country should ban foreigners or foreign-born individuals from being governor, from being lieutenant governor, and from serving in state legislatures,” said Rep. Mace. 

The President and Vice President are already required to be natural-born citizens. This resolution extends that same commonsense requirement to those who hold the highest offices in South Carolina – the people writing our laws, sitting on our courts, and executing the business of state government. This proposal would amend the state constitution and is the type of resolution any member of the General Assembly can file.

“If you want to lead South Carolina, you should be a natural-born citizen,” said Rep. Nancy Mace. “The people writing our state’s laws, sitting on our courts, and running our government should have loyalty only to South Carolina and the United States.”

South Carolina is the fastest-growing state in the nation. As our population grows and our political landscape evolves, it is more important than ever that those entrusted with the highest offices in state government are unquestionably loyal to the people of South Carolina and the United States of America.

We have a foreign-born candidate running for Governor of South Carolina right now. Voters deserve to know where candidates’ loyalties lie.

The joint resolution requires a two-thirds vote in both the South Carolina House of Representatives and the South Carolina Senate, followed by approval by a majority of voters at the next general election, and final ratification by a majority vote of the next General Assembly.

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A JOINT RESOLUTION

TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY AMENDING ARTICLE IV, SECTION 2, ARTICLE III, SECTION 7, ARTICLE V, SECTION 15, AND ARTICLE VI, SECTION 7, RELATING TO QUALIFICATIONS FOR CERTAIN OFFICES, SO AS TO REQUIRE THAT THE GOVERNOR, LIEUTENANT GOVERNOR, MEMBERS OF THE GENERAL ASSEMBLY, JUSTICES AND JUDGES, AND ALL STATEWIDE ELECTED EXECUTIVE OFFICERS BE NATURAL BORN CITIZENS OF THE UNITED STATES.

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

SECTION 1. It is proposed that Article IV, Section 2 of the Constitution of this State be amended to read:

“Section 2. No person shall be eligible to the office of Governor who denies the existence of the Supreme Being; who on the date of such election has not attained the age of thirty years; and who shall not have been a natural born citizen of the United States and a citizen and resident of this State for five years next preceding the day of election. No person while Governor shall hold any office or other commission, except in the militia, under the authority of this State or of any other power.”

SECTION 2. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

“Section 7. No person is eligible for a seat in the Senate or House of Representatives who is not a natural born citizen of the United States, and at the time of his election, is not a duly qualified elector under this Constitution in the district in which he may be chosen. Senators must be at least twenty-five and Representatives at least twenty-one years of age. A candidate for the Senate or House of Representatives must be a legal resident of the district in which he is a candidate at the time he files for office. No person who has been convicted of a felony under state or federal law, or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law, or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time. No person serving in office prior to the ratification of this provision shall be required to vacate the office to which he was elected.”

SECTION 3. It is proposed that Article V, Section 15 of the Constitution of this State be amended to read:

“Section 15. No person shall be eligible to serve as a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of any Circuit, Family, or Probate Court of this State who is not a natural born citizen of the United States. The qualifications, terms, and compensation of such justices and judges shall be as prescribed by law.”

SECTION 4. It is proposed that Article VI, Section 7 of the Constitution of this State be amended to read:

“Section 7. There shall be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, a Comptroller General, a Commissioner of Agriculture, and an Adjutant General, who shall hold their respective offices for a term of four years, coterminous with that of the Governor. No person shall be eligible to hold any of these offices who is not a natural born citizen of the United States. The duties and compensation of such offices shall be prescribed by law, and their compensation shall be neither increased nor diminished during the period for which they shall have been elected.”

SECTION 5. The proposed amendments 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 thereon:

“Must Article IV, Section 2; Article III, Section 7; Article V, Section 15; and Article VI, Section 7 of the Constitution of this State be amended so as to require that the Governor, Lieutenant Governor, members of the General Assembly, Justices and Judges of this State, and all statewide elected executive officers be natural born citizens of the United States?

Yes [ ] No [ ]

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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