South Carolina 2025-2026 Regular Session Status: In Committee

S 95 — Ballot Initiative

Last action — Scrivener's error corrected

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced December 11, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A JOINT RESOLUTION TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS BY INITIATIVE PETITION AND REFERENDUM, TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 1B TO ARTICLE III SO AS TO PROVIDE THE NUMBER OF SIGNATURES REQUIRED AND THE TIME PERIOD OVER WHICH THE SIGNATURES MUST BE COLLECTED, TO REQUIRE IN AN INITIATIVE THE AMOUNT AND SOURCE OF REVENUE FOR IMPLEMENTATION, TO PROVIDE THOSE MATTERS WHICH MAY NOT BE THE SUBJECT OF AN INITIATIVE PETITION, AND TO REQUIRE A CERTIFIED INITIATIVE TO BE FILED WITH EACH BRANCH OF THE GENERAL ASSEMBLY, WHICH BY MAJORITY VOTE MAY ADOPT, AMEND, OR REJECT THE INITIATIVE; TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES; TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 TO ARTICLE XVI SO AS TO ESTABLISH A PROCEDURE FOR AN INITIATIVE METHOD OF AMENDING THE CONSTITUTION OF THIS STATE; AND TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES.

Bill Text

What changed in the latest version

355 added · 65 removed

355 line(s) added, 65 removed.

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2025-2026 Bill 95 Text of Previous Version (Jan.
2025-2026 Bill 95 Text of Previous Version (Dec.
17, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026(Text matches printed bills.
11, 2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 95Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) A joint Resolution TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS BY INITIATIVE PETITION AND REFERENDUM, TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 1B TO ARTICLE III SO AS TO PROVIDE THE NUMBER OF SIGNATURES REQUIRED AND THE TIME PERIOD OVER WHICH THE SIGNATURES MUST BE COLLECTED, TO REQUIRE IN AN INITIATIVE THE AMOUNT AND SOURCE OF REVENUE FOR IMPLEMENTATION, TO PROVIDE THOSE MATTERS WHICH MAY NOT BE THE SUBJECT OF AN INITIATIVE PETITION, AND TO REQUIRE A CERTIFIED INITIATIVE TO BE FILED WITH EACH BRANCH OF THE GENERAL ASSEMBLY, WHICH BY MAJORITY VOTE MAY ADOPT, AMEND, OR REJECT THE INITIATIVE;
Document has been reformatted to meet World Wide Web specifications.)                 A joint Resolution   ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS BY INITIATIVE PETITION AND REFERENDUM, TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 1B TO ARTICLE III SO AS TO PROVIDE THE NUMBER OF SIGNATURES REQUIRED AND THE TIME PERIOD OVER WHICH THE SIGNATURES MUST BE COLLECTED, TO REQUIRE IN AN INITIATIVE THE AMOUNT AND SOURCE OF REVENUE FOR IMPLEMENTATION, TO PROVIDE THOSE MATTERS WHICH MAY NOT BE THE SUBJECT OF AN INITIATIVE PETITION, AND TO REQUIRE A CERTIFIED INITIATIVE TO BE FILED WITH EACH BRANCH OF THE GENERAL ASSEMBLY, WHICH BY MAJORITY VOTE MAY ADOPT, AMEND, OR REJECT THE INITIATIVE;
TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES;
TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES;
AND TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES.
AND PROVIDE THE PROPOSED AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,  TO BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES.
Be it enacted by the General Assembly of the State of South Carolina:
  Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1.      It is proposed that Article III of the Constitution of this State be amended by adding:
  SECTION 1.      It is proposed that Article III of the Constitution of this State be amended by adding:
   Section 1B.
      Section 1B.
   (B)(1) Initiative and referendum powers may be invoked by presenting a petition to the State Election Commission.
    (B)(1) Initiative and referendum powers may be invoked by presenting a petition to the State Election Commission.
      (2) An initiative petition must contain a full and correct copy of the title and text of the proposed law.
        (2) An initiative petition must contain a full and correct copy of the title and text of the proposed law.
      (3) A petition concerning a general law must be signed over a twelve-month period by a number of qualified electors constituting not fewer than twelve percent of the total votes for all candidates for Governor in the last gubernatorial election as determined by the State Election Commission.
        (3) A petition concerning a general law must be signed over a twelve-month period by a number of qualified electors constituting not fewer than twelve percent of the total votes for all candidates for Governor in the last gubernatorial election as determined by the State Election Commission.
   (C)(1) A proposition submitted to the voters becomes law when a majority of the votes cast on it are cast in favor of the proposition.
    (C)(1) A proposition submitted to the voters becomes law when a majority of the votes cast on it are cast in favor of the proposition.
      (2) Propositions concerning the general law must be submitted to the voters in a statewide election to be conducted at the next regular general election for representatives.
        (2) Propositions concerning the general law must be submitted to the voters in a statewide election to be conducted at the next regular general election for representatives.
      (3) The veto power of the Governor does not extend to initiative and referendum measures enacted by the people pursuant to this section.
        (3) The veto power of the Governor does not extend to initiative and referendum measures enacted by the people pursuant to this section.
      (4) The style of general laws enacted by the initiative is, 'Be It Enacted by the People of the State of South Carolina'.
        (4) The style of general laws enacted by the initiative is, 'Be It Enacted by the People of the State of South Carolina'.
   (D)(1) An initiative and referendum is proposed by submitting an application containing the full text of the proposed measure to the State Election Commission.
    (D)(1) An initiative and referendum is proposed by submitting an application containing the full text of the proposed measure to the State Election Commission.
      (2) The Legislative Council shall formulate a concise ballot title and official summary of the proposed measure for use in the petition.
        (2) The Legislative Council shall formulate a concise ballot title and official summary of the proposed measure for use in the petition.
      (3) The petition must be signed by qualified electors in their own names and include street addresses, telephone numbers, voter registration numbers (if available), counties, and date of signatures.
        (3) The petition must be signed by qualified electors in their own names and include street addresses, telephone numbers, voter registration numbers (if available), counties, and date of signatures.
   (E)(1) Initiative and referendum petitions may be submitted with the State Election Commission at any time;
    (E)(1) Initiative and referendum petitions may be submitted with the State Election Commission at any time;
      (2) The State Election Commission shall notify the sponsors of the reasons for denying certification.
        (2) The State Election Commission shall notify the sponsors of the reasons for denying certification.
      (3) When a legislative session convenes more than thirty days before a ballot proposition is voted on, the State Election Commission shall send ballot propositions proposing general laws to the General Assembly for consideration at that legislative session.
        (3) When a legislative session convenes more than thirty days before a ballot proposition is voted on, the State Election Commission shall send ballot propositions proposing general laws to the General Assembly for consideration at that legislative session.
   (F) Propositions must be numbered consecutively and put on the ballot in the order of the petition certification with the State Election Commission.
    (F) Propositions must be numbered consecutively and put on the ballot in the order of the petition certification with the State Election Commission.
   (G) (1) Except as provided by this section, a constitutional or technical process that limits the General Assembly also limits a measure proposed and enacted pursuant to this amendment.
    (G) (1) Except as provided by this section, a constitutional or technical process that limits the General Assembly also limits a measure proposed and enacted pursuant to this amendment.
      (2) Initiative powers must not be used to enact laws relating to the following:
        (2) Initiative powers must not be used to enact laws relating to the following:
         (a) creating courts, prescribing court rules, or altering the tenure, qualifications of, compensation for, or removal from judicial office;
           (a) creating courts, prescribing court rules, or altering the tenure, qualifications of, compensation for, or removal from judicial office;
         (b) naming or designating a person to hold public office.
           (b) naming or designating a person to hold public office.
   (H) A general law enacted by the initiative power pursuant to this section must not be repealed or amended except by a vote of the people, unless the measure provides otherwise.
    (H) A general law enacted by the initiative power pursuant to this section must not be repealed or amended except by a vote of the people, unless the measure provides otherwise.
   (I) The initiative and referendum provisions are self-executing and mandatory.
    (I) The initiative and referendum provisions are self-executing and mandatory.
SECTION 2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives.
      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:
 Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
   "Must Article III of the Constitution of this State, relating to the Legislative Department, be amended so as to establish a specified procedure for the enactment or repeal of laws by initiative petition and referendum where qualified electors shall sign the petition for the proposed law to be considered by the General Assembly, and if the General Assembly, and if the General Assembly does not act on the initiative, it is placed on the ballot in a statewide election to be conducted at the time of the general election and takes effect if a majority of the qualified electors vote in favor of it, and provide exceptions? 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 Article XVI of the Constitution of this State be amended by adding:
      "Must Article III of the Constitution of this State, relating to the Legislative Department, be amended so as to establish a specified procedure for the enactment or repeal of laws by initiative petition and referendum where qualified electors shall sign the petition for the proposed law to be considered by the General Assembly, and if the General Assembly, and if the General Assembly does not act on the initiative, it is placed on the ballot in  a statewide election to be conducted at the time of the general election and takes effect if a majority of the qualified electors vote in favor of it, and provide exceptions?   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 Article XVI of the Constitution of this State be amended by adding:
   Section 4.
      Section 4.
   (B) The General Assembly by law shall provide for the initiative method of amending the Constitution of this State and the law must incorporate the following provisions:
    (B) The General Assembly by law shall provide for the initiative method of amending the Constitution of this State and the law must incorporate the following provisions:
   (1) An initiative to amend the Constitution must be proposed by a petition signed over a twelve-month period by qualified electors equal in number to at least fifteen percent of the votes for all candidates for governor in the last gubernational election.
    (1) An initiative to amend the Constitution must be proposed by a petition signed over a twelve-month period by qualified electors equal in number to at least fifteen percent of the votes for all candidates for governor in the last gubernational election.
   (2) The sponsor of an initiative shall identify in the text of the initiative the amount and source of revenue required to implement the initiative.
    (2) The sponsor of an initiative shall identify in the text of the initiative the amount and source of revenue required to implement the initiative.
   (3) The initiative process may not be used to:
    (3) The initiative process may not be used to:
      (a) modify or repeal a provision of Article I of this Constitution, The Declaration of Rights, or to propose an addition to Article I;
       (a) modify or repeal a provision of Article I of this Constitution, The Declaration of Rights, or to propose an addition to Article I;
      (b) amend or repeal a provision of this Constitution affecting the operations of a retirement system or pension system supported in whole or in part by public funds;
       (b) amend or repeal a provision of this Constitution affecting the operations of a retirement system or pension system supported in whole or in part by public funds;
and       (c) modify the initiative process for proposing amendments to this Constitution.
and        (c) modify the initiative process for proposing amendments to this Constitution.      (4) The manner in which initiative petitions must be designed, including framing or the title, text, and associated question, and the manner in which the initiative petitions must be circulated, presented, and certified.
   (4) The manner in which initiative petitions must be designed, including framing or the title, text, and associated question, and the manner in which the initiative petitions must be circulated, presented, and certified.
    (C)(1) The complete text of a qualifying initiative must be filed with each branch of the General Assembly on the first day on the next regular session of the General Assembly.
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   (C)(1) The complete text of a qualifying initiative must be filed with each branch of the General Assembly on the first day on the next regular session of the General Assembly.
   (2) If the initiative is adopted, amended or rejected, or if no action is taken within four months of filing the initiative must be placed on the ballot at the next regular general election for representatives.
    (2) If the initiative is adopted, amended or rejected, or if no action is taken within four months of filing the initiative must be placed on the ballot at the next regular general election for representatives.
   (3) If the General Assembly amends the initiative, the amended version and the original imitative must be placed on the ballot.
    (3) If the General Assembly amends the initiative, the amended version and the original imitative must be placed on the ballot.
   (4) If an initiative measure proposed to the General Assembly has been rejected by the General Assembly and an alternative measure proposed by the General Assembly as provided in Section 1 of this article, in lieu thereof, the question for both measures must be printed on the official ballots so that a voter can express separately two preferences.
    (4) If an initiative measure proposed to the General Assembly has been rejected by the General Assembly and an alternative measure proposed by the General Assembly as provided in Section 1 of this article, in lieu thereof, the question for both measures must be printed on the official ballots so that a voter can express separately two preferences.
                                                    INITITATED BY PETITION AND                            ALTERNATIVE BY GENERAL ASSEMBLY Initiative Question No._____, entitled (here insert the question of the initiative measure).
                                                              INITITATED BY PETITION AND                                  ALTERNATIVE BY GENERAL ASSEMBLY   Initiative Question No._____, entitled (here insert the question of the initiative measure).
Alternative Question No._____, entitled (here insert the question of the alternative measure).
  Alternative Question No._____, entitled (here insert the question of the alternative measure).
                           VOTE FOR APPROVAL OF EITHER,                                     OR AGAINST BOTH:
                                   VOTE FOR APPROVAL OF EITHER,                                            OR AGAINST BOTH:
FOR APPROVAL OF EITHER Initiative No.
  FOR APPROVAL OF EITHER Initiative No.
____    OR Alternative NO.
____     OR Alternative NO.
____A ( ) AGAINST Both Imitative No.
____A  (  ) AGAINST Both Imitative No.
____    AND Alternative NO.
____     AND Alternative NO.
____ A ( )    (D) A fiscal analysis must be prepared of each initiative and each General Assembly alternative.
____ A  (  )       (D) A fiscal analysis must be prepared of each initiative and each General Assembly alternative.
   (E) No more than five initiating proposals may be submitted to the voters on a single ballot, and the first initiative proposals submitted with sufficient petitions must be the proposals which are submitted to the voters.
    (E) No more than five initiating proposals may be submitted to the voters on a single ballot, and the first initiative proposals submitted with sufficient petitions must be the proposals which are submitted to the voters.
   (F) An initiative approved by the electors takes effect thirty days from the date of certification of the vote unless the measure provides otherwise.
    (F) An initiative approved by the electors takes effect thirty days from the date of certification of the vote unless the measure provides otherwise.
   (G) The law implementing the provisions of this section may not restrict or impair the provisions of this section or the powers herein reserved to the people and once enacted, may not be amended or repealed except pursuant to a special vote as defined in Section 7(c), Article X of the Constitution.
    (G) The law implementing the provisions of this section may not restrict or impair the provisions of this section or the powers herein reserved to the people and once enacted, may not be amended or repealed except pursuant to a special vote as defined in Section 7(c), Article X of the Constitution.
SECTION 4.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives.
    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:
 Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
   "Must Article XVI of the Constitution of this State, relating to the Amendment and Revision of The Constitution, be amended by adding a new Section 4 so as to require that the General Assembly by law shall provide a procedure whereby constitutional amendments may be proposed by an initiative petition signed by the qualified electors of this state;
      "Must Article XVI of the Constitution of this State, relating to the Amendment and Revision of The Constitution, be amended by adding a new Section 4 so as to require that the General Assembly by law shall provide a procedure whereby constitutional amendments may be proposed by an initiative petition signed by the qualified electors of this state;
and to provide that an initiative approved by the vote is certified unless the initiative provides otherwise, and to provide that the law implementing this section, after enactment, may not be amended or repealed except pursuant to a special vote as defined in Section 7(c), Article X of this Constitution? 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'." ----XX---- This web page was last updated on January 17, 2025 at 02:44 PM
and to provide that an initiative approved by the vote is certified unless the initiative provides otherwise, and to provide that the law implementing this section, after enactment, may not be amended or repealed except pursuant to a special vote as defined in Section 7(c), Article X of this Constitution?   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'." ----XX---- This web page was last updated on December 11, 2024 at 04:54 PM
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Action History

  1. Scrivener's error corrected

  2. Referred to Committee on Judiciary

  3. Introduced and read first time

  4. Referred to Committee on Judiciary

  5. Prefiled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 169 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (169)

169 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 95 do?
A JOINT RESOLUTION TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS BY INITIATIVE PETITION AND REFERENDUM, TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 1B TO ARTICLE III SO AS TO PROVIDE THE NUMBER OF SIGNATURES REQUIRED AND THE TIME PERIOD OVER WHICH THE SIGNATURES MUST BE COLLECTED, TO REQUIRE IN AN INITIATIVE THE AMOUNT AND SOURCE OF REVENUE FOR IMPLEMENTATION, TO PROVIDE THOSE MATTERS WHICH MAY NOT BE THE SUBJECT OF AN INITIATIVE PETITION, AND TO REQUIRE A CERTIFIED INITIATIVE TO BE FILED WITH EACH BRANCH OF THE GENERAL ASSEMBLY, WHICH BY MAJORITY VOTE MAY ADOPT, AMEND, OR REJECT THE INITIATIVE; TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES; TO AMEND THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 TO ARTICLE XVI SO AS TO ESTABLISH A PROCEDURE FOR AN INITIATIVE METHOD OF AMENDING THE CONSTITUTION OF THIS STATE; AND TO PROVIDE THE PROPOSED AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BE PLACED ON THE NEXT GENERAL ELECTION FOR REPRESENTATIVES.
Who sponsors S 95?
S 95 is sponsored by Senator Margie Bright Matthews.
What is the current status of S 95?
This bill is in committee in the Senate. Introduced December 11, 2024. It must pass committee before a floor vote.
Where can I track S 95?
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