South Carolina sets rules for Article V convention commissioners

The General Assembly would appoint seven commissioners and one alternate to represent South Carolina at an Article V convention. Commissioners must be U.S. citizens, state residents, at least 25 years old, and registered South Carolina voters. They also must meet limits on recent federal work, lobbying, federal office, and felony convictions. The commissioners would be chosen by a majority of members present and voting in a joint session. The alternate could act only if one of the seven voting commissioners is removed. The General Assembly could recall or remove commissioners at any time. If the General Assembly is not meeting, the advisory committee could suspend commissioners while awaiting legislative action. The qualifications apply when a commissioner is appointed and throughout the Article V convention.

The commissioners would have to follow written limits and instructions when acting for South Carolina. Their authority would cover the convention topics allowed by the applicable state or national applications, plus later instructions from the General Assembly. Commissioners could not support changing the convention rule that each state gets one vote. They could not support amendments changing specified constitutional guarantees of individual liberty. Each commissioner would have to sign an oath before performing any official function. The commissioners would choose who chairs the delegation, casts the state vote, and speaks to the media. A majority of those present and voting would decide delegation matters when a quorum is present. The oath must be filed before a commissioner exercises any function. The authority limits apply during the commissioner’s service at the convention.

An advisory committee would monitor the delegation, advise commissioners, and help address alleged violations. The committee would include members from both major political parties in each legislative chamber, plus one additional legislator approved by both chambers. The committee could hire staff, set monitoring procedures, meet virtually, and give requested advice within 24 hours. It could suspend or recall commissioners for certain violations or fill vacancies temporarily with interim commissioners. A commissioner found to have exceeded authority could be removed or recalled, and a conviction for misconduct in office could lead to up to five years in prison. People who knowingly bribe, threaten, intimidate, or obstruct a commissioner could face a felony conviction, a fine of up to $1,000, and up to one year in prison. Interim commissioners would serve until a joint legislative vote selects permanent replacements. The supplied text states that the act takes effect upon approval by the Governor, while legislative history states an effective date of June 25, 2026, after both chambers overrode the veto.