Current Status Introducing Body:Senate Bill Number:10 Primary Sponsor:Wilson Committee Number:11 Type of Legislation:GB Subject:Voting machines, ballots Residing Body:Senate Current Committee:Judiciary Computer Document Number:OLDVS/LIBX/23002 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Courson Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN
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10 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
10 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR VOTE RECORDING MACHINES, SO AS TO DELETE THE REQUIREMENT FOR A SEPARATE VOTE FOR PRESIDENT AND VICE-PRESIDENT AND TO PROHIBIT WRITE-IN VOTES FOR PRESIDENT AND VICE-PRESIDENT ON THE MACHINES; TO AMEND SECTION 7-13-1371, RELATING TO BALLOT CARD SPECIFICATIONS USED IN OPTICAL SCANNING DEVICES, SO AS TO ELIMINATE THE REQUIREMENT THAT VOTES FOR PRESIDENT AND VICE-PRESIDENT BE RECORDED ONLY ON ONE SIDE OF THE BALLOT CARD AND TO PROVIDE THAT AN INSTRUCTION TO VOTE ON BOTH SIDES OF THE CARD IS REQUIRED ONLY IF BOTH SIDES OF THE CARD ARE USED FOR VOTING; TO AMEND SECTION 7-13-1380, RELATING TO WRITE-IN VOTES, SO AS TO PROHIBIT WRITE-IN VOTES FOR PRESIDENT AND VICE-PRESIDENT; TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT THE MACHINE ALLOW A STRAIGHT PARTY VOTE IN ONE OPERATION INCLUDING VOTES FOR PRESIDENT AND VICE-PRESIDENT; AND TO AMEND SECTION 7-13-1850, RELATING TO WRITE-IN BALLOTS, SO AS TO PROHIBIT WRITE-IN VOTES FOR PRESIDENT AND VICE-PRESIDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-1340 of the 1976 Code is amended to read:
"Section 7-13-1340. No vote recorder shall may be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of including candidates for the offices of presidential electors president and vice-president, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors of one or more parties;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; but it may not permit an elector to write in the name of a candidate not on the ticket for president and vice-president;
(d) It shall permit permits each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;
(e) When when used in conjunction with a tabulating machine, it shall preclude precludes the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude precludes the counting of votes for more persons for any office than he is entitled to vote for or for fewer than he is required to vote for, and shall preclude precludes the counting of votes for any candidate for the same office or upon any question more than once;
(f) It shall permit permits voting in absolute secrecy, so, that no person can see or know for whom any other elector has voted or is voting, save except an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall be is constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, when properly operated, record records correctly and accurately every vote cast when properly operated;
(i) It shall be so is constructed so that an elector may readily learn the method of operating it; and
(j) It shall be is safely transportable."
SECTION 2. Section 7-13-1371 of the 1976 Code is amended to read:
"Section 7-13-1371. (a) Ballot cards used in conjunction with an optical scanning device must include an instruction to vote both sides of the ballot card, if both sides are used. This instruction must appear conspicuously at the top and at the bottom of the front side of the ballot card and must be printed in bold-face type at least as large as the largest type on the ballot card.
(b) Any ballot card used in conjunction with an optical scanning device during a presidential election or primary must be designed so that the front of the ballot card contains only the instructions for voting for president and the names of the presidential candidates. The instructions for voting the remainder of the ballot card and the names of the remaining candidates must be placed on the reverse side of the ballot card or they must be placed on a separate ballot card.
(c) (b) The State Election Commission must shall establish the format of a sign to be displayed in any polling place utilizing an optical scanning device when both sides of the ballot card are used. This sign must notify voters to vote both sides of the ballot card and must be displayed in three conspicuous places in the polling place."
SECTION 3. Section 7-13-1380 of the 1976 Code is amended to read:
"Section 7-13-1380. Electors shall be are permitted to cast write-in votes., except for the office of president and vice-president. The design of the ballot card shall permit the managers in counting the write-in votes to determine readily whether an elector has cast any write-in vote not authorized by law. The State Election Commission in specifying the form of the ballot shall provide for ballot secrecy in connection with write-in votes."
SECTION 4. Section 7-13-1640(1) of the 1976 Code is amended to read:
"(1) Provide facilities for voting for all candidates of as many political parties or organizations as may make nominations of candidates at any election, for or against as many questions as may be submitted at any election and, at all general or special elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one or more parties, in one operation, a straight party or body ticket, including candidates for president and vice-president, except those offices as to which he votes for individual candidates of one or more parties;"
SECTION 5. Section 7-13-1850 of the 1976 Code is amended to read:
"Section 7-13-1850. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office are herein referred to as 'write-in ballots'. All write-in ballots voted shall must be deposited, written, or affixed in a single receptacle or device, and the elector may vote in or by such the receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. A write-in ballot must be cast in its appropriate place on the machine or it shall be is void and not counted. Write-in votes for president and vice-president are not permitted."
SECTION 6. This act takes effect upon approval by the Governor.