Reference is to Printer's Date 1\16\2015-H.
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/ SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-35.
The authority charged by law with conducting an election
must publish two notices of general, municipal, special, and
primary elections held in the county in a newspaper of general
circulation in the county or municipality, as appropriate.
Included in each notice must be a reminder of the last day
persons may register to be eligible to vote in the election for
which notice is given, notification of the date, time, and
location of the hearing on ballots challenged in the election, a
list of the precincts involved in the election, the location of
the polling places in each of the precincts, and notification
that the process of examining the return-addressed envelopes
containing absentee ballots may begin at 2:00 p.m.
on 9:00 a.m. on the day immediately prior to
election day at a place designated in the notice by the
authority charged with conducting the election. The first
notice must appear not later than sixty days before the election
and the second notice must appear not later than two weeks after
the first notice."
SECTION 2. Section 7-15-220 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-220.
(A) The oath, a copy
of which is required by Section 7-15-200(2) to be sent each
absentee ballot applicant and which is required by Section
7-15-230 to be returned with the absentee ballot applicant's
ballot, shallmust be signed by the
absentee ballot applicant and witnessed. The
oath shallmust be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________ 20 ___
____________________
Signature of Witness
____________________
Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens
Absentee Voters Act are exempt from witness requirements in
subsection (A)."
SECTION 3. Section 7-15-380 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-380.
(A) The oath, which
that is required by Section 7-15-370 to be imprinted on
the return-addressed envelope, furnished each
absentee ballot applicant, must be signed by
the absentee ballot applicant and witnessed. The address
of the witness shall appear on the oath. In the event
the voter cannot write because of a physical handicap or
illiteracy, the voter must shall make
his mark and have the mark witnessed by someone designated by
the voter. The oath must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________, 20 ___
____________________
Signature of Witness
____________________
Address of Witness
(B)Qualified voters under the Uniformed and
Overseas Citizens Absentee Voters Act are exempt from witness
requirements in subsection (A)."
SECTION 4. Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:
"Section 7-15-385.
Upon receipt of the ballot or ballots, the absentee ballot
applicant must mark each ballot on which he wishes to vote and
place each ballot in the single envelope marked "Ballot
Herein", which in turn must be placed in the
return-addressed envelope. The applicant
mustshall then return the
return-addressed envelope to the board of voter registration and
elections by mail, by personal delivery, or by authorizing
another person to return the envelope for him. The
authorization must be given in writing on a form prescribed by
the State Election Commission and must be turned in to the board
of voter registration and elections at the time the envelope is
returned. The voter mustshall sign the
form, or in the event the voter cannot write because of a
physical handicap or illiteracy, the voter
mustshall make his mark and have the
mark witnessed by someone designated by the voter. The
authorization must be preserved as part of the record of the
election, and the board of voter registration and elections
mustshall note the authorization and the
name of the authorized returnee in the record book required by
Section 7-15-330. A candidate or a member of a candidate's paid
campaign staff, including volunteers reimbursed for time
expended on campaign activity, is not permitted to serve
as an authorized returnee for anya
person unless the person is a member of the voter's immediate
family as defined inpursuant to Section
7-15-310. The oath set forth in Section 7-15-380 must be signed
and witnessed on each returned envelope. The
board of voter registration and elections
mustshall record in the record book
required bypursuant to Section 7-15-330
the date the return-addressed envelope with witnessed
oath and enclosed ballot or ballots is received by the
board. The board must securely store the envelopes in a locked
box within the office of the board of voter registration and
elections."
SECTION 5. Section 7-15-420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:
"Section 7-15-420.
The county board of voter registration and elections,
municipal election commission, or executive committee of each
municipal party in the case of municipal primary elections is
responsible for the tabulation and reporting of absentee
ballots. At 9:00 a.m. on the calendar day immediately
preceding election day, the managers appointed pursuant to
Section 7-5-10, and in the presence of any watchers who have
been appointed pursuant to Section 7-13-860, may begin the
process of examining the return-addressed envelopes that have
been received by the county board of voter registration and
elections making certain that each oath has been properly signed
and witnessed and includes the address
of the witness. All return- addressed envelopes
received by the county board of voter registration and elections
before the time for closing the polls must be examined in this
manner. A ballot may not be counted unless the oath is properly
signed and witnessed nor may
anya ballot be counted which is received
by the county board of voter registration and elections after
time for closing of the polls. The printed instructions
required by Section 7-15-370(2) to be sent each absentee ballot
applicant must notify him that his vote will not be counted in
either of these events. If a ballot is not challenged, the
sealed return-addressed envelope must be opened by the managers,
and the enclosed envelope marked "Ballot Herein"
removed and placed in a locked box or boxes. After all
return-addressed envelopes have been emptied in this manner, the
managers shall remove the ballots contained in the envelopes
marked "Ballot Herein", placing each one in the ballot
box provided for the applicable contest. Beginning at 9:00 a.m.
on the calendar day immediately preceding election day,
the absentee ballots may be tabulated, including any absentee
ballots received on election day before the polls are closed.
If anya ballot is challenged, the
return-addressed envelope must not be opened, but must be put
aside and the procedure set forth inpursuant
to Section 7-13-830 must be utilized; but the absentee voter
must be given reasonable notice of the challenged ballot.
Results of the tabulation must not be publicly reported until
after the polls are closed."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.