Referendum – Confederate Battle Flag
As you all know, we are debating the removal of the Confederate Battle Flag from the Confederate Memorial on the State House grounds and moving it to the State Museum. On Monday, the Senate voted 37-3 to move it to take it down and move it to the State Museum. Accordingly, there have been a number of requests for us to have a referendum put to the voters.
We received an opinion from Attorney General Alan Wilson that the Supreme Court of South Carolina has previously held that the General Assembly cannot delegate its duties to make laws to the general public through referendum votes, be they binding or non-binding referendum votes. The purpose of any such vote would be to have the general public make a decision reserved under the S.C. Constitution for the General Assembly.
Therefore, having a referendum on this issue is unconstitutional.