Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4700, Apr. 19 | Printed Page 4721, Apr. 19 |

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"Section 57-23-210. Bohicket Road on John's Island in Charleston County is hereby designated a scenic highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the designation herein provided for."

SECTION . Section 57-23-300 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:

"Section 57-23-300. The I-95, U.S. Route 278 connector route beginning at the intersection of I-95 and Secondary Road 88 in Jasper County and extending easterly to S.C. Route 278 in Beaufort County is designated a scenic highway to be known as the Hilton Head Scenic Highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation."

SECTION . Section 57-23-400 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:

"Section 57-23-400. Long Point Road in Charleston County from Whipple Road to U.S. 17 North is designated a scenic highway to be known as the Long Point Road Scenic Highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation."

SECTION . Section 57-23-500 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:

"Section 57-23-500. Mathis Ferry Road in Charleston County from Whipple Road to 7th Street in the Town of Mount Pleasant is designated a scenic highway to be known as the Mathis Ferry Road Scenic Highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation."

SECTION . Section 57-23-600 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:

"Section 57-23-600. Riverland Drive in Charleston County is designated a scenic highway to be known as the Riverland Drive Scenic


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Highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation."

SECTION . Section 57-23-700 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:

"Section 57-23-700. Ft. Johnson Road in Charleston County is designated a scenic highway to be known as the Ft. Johnson Road Scenic Highway. The Department of Transportation, the Department of Archives and History Division of the Department of Cultural and Informational Resources, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation."

SECTION . Section 59-29-220 of the 1976 Code is amended to read:

"Section 59-29-220. The State Board of Education, in conjunction with the South Carolina Arts Commission, Division of the Department of Cultural and Informational Resources shall plan and develop discipline-based arts education curricula in the visual arts, music, dance, and drama which complies with the State Department of Education discipline-based arts education curriculum framework. The State Board of Education shall cause the arts education curricula to be pilot tested in selected school districts during 1989-90, 1990-91, 1991-92, and 1992-93 and shall provide teacher in-service training programs for arts specialists and classroom teachers.

After pilot testing, the State Board of Education shall establish regulations related to in-service training and curriculum development in cooperation with the Arts in Basic Curriculum Steering Committee and after consultation with the Select Committee. These regulations shall encourage innovation and flexibility and reflect the integrity of instruction required by each arts discipline. These regulations must be developed in cooperation with school and district-level teachers and administrators.

Funds for the program must be used by the school districts to:

(1) plan, develop, and implement discipline-based arts education curricula in the visual arts, music, dance, or drama compatible with the State Department of Education discipline-based arts education curriculum framework;

(2) provide teacher in-service training programs for arts specialists or appropriate classroom teachers or both which are approved by the State


Printed Page 4712 . . . . . Tuesday, April 19, 1994

Department of Education working with the state's colleges and universities;

(3) hire certified arts specialists or contract with professional artists approved by the South Carolina Arts Commission Division of the Department of Cultural and Informational Resources to assist certified arts specialists or appropriate classroom teachers or both in planning, developing, and implementing discipline-based arts education curricula.

The Joint Legislative Study Committee on Formula Funding shall review whether or not arts education should be given a weighting under the Education Finance Act, if appropriate, recommend a weighting, and report to the Select Committee by December 1, 1990. The General Assembly shall phase in the arts education program and funding for the arts education program after piloting over three years in substantially equal annual intervals."

SECTION . Chapter 2 of Title 60 of the 1976 Code is amended to read:

"CHAPTER 2

State Documents Depository

Section 60-2-10. The following words and phrases when used in this chapter, unless the context indicates otherwise, shall mean:

(a) `Complete depository' is a place, usually a library, that requests and receives at least one copy of all state publications;.

(b) `Selective depository' is a place, usually a library, that requests and receives one copy of selected state publications;.

(c) `Depository system' is a system in which copies of all state publications are deposited in one central depository or library for distribution to other designated depositories or libraries;.

(d) `State publication' means any document, compilation, register, book, pamphlet, report, map, leaflet, order, regulation, directory, periodical, magazine, or other similar written material excluding interoffice and intraoffice communications issued in print by the State, any state agency or department or any state-supported college or university for the use or regulation of any person; it shall also include those publications that may or may not be financed by state funds but are released by private bodies such as research and consultant firms under contract with or supervision of any state agency;.

(e) `Print' means all forms of duplicating other than the use of carbon paper.

Section 60-2-20. Notwithstanding any other provision of law, the South Carolina State Library Division of the Department of Cultural and Informational Resources shall be the official state depository of all state


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publications, with the responsibility for organizing such publications and for providing bibliographic control over them and shall distribute state publications to all libraries participating in a depository system established by it.

The State Library Division shall also forward such publications to and receive such publications from out-of-state libraries, departments, and agencies with whom the State Library Division has implemented an agreement to exchange such publications. The provisions of this section shall not affect the duties of either the Legislative Council or the Code Commissioner as provided for by law.

Section 60-2-30. All state agencies, departments, and state-supported colleges, and universities shall forward to the State Library Division at least fifteen copies of every state publication that such agency, department, college, or university prints or causes to be printed within fifteen days after such printing. Provided, that additional state funds be used only in the publication and mailing of state publications, and not in their handling and storage. The State Librarian division may waive the deposition of any agency publication if:

(1) the publication is of ephemeral value;

(2) less than ten copies are to be printed; or

(3) the issuing agency requests a waiver.

Provided, the State Library Division shall make a report to the General Assembly by January 1, 1983, on the cost of compliance, to include, but not limited to, the cost of storage space, clerical and librarian help, mailing and handling, and new positions and additional space that may be required for the State Library Division and each of the depository libraries."

SECTION . Chapter 12 of Title 60 of the 1976 Code is amended to read:

"CHAPTER 12

Protection of State Owned or Leased Historic Properties

Section 60-12-10. As used in this chapter:

(1) `Adverse effect' means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity.

(2) `Agency' means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property.

(3) `Department Division' means the Department of Archives and History Division of the Department of Cultural and Informational Resources.


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(4) `Historic properties' means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places.

(5) `Building' means a construction that was created to shelter any form of human activity, including a house, barn, church, or hotel.

(6) `Site' means a location of a significant event or a prehistoric or historic occupation or activity, including cemeteries, prehistoric village sites, and battlefields.

(7) `Object' means a construction that is primarily artistic in nature or is relatively small in scale compared to a building or structure. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape, including sculpture, monuments, and fountains.

(8) `Structure' means those functional constructions made usually for purposes other than creating shelter, including firetowers, canals, bridges, palisade fortifications, and prehistoric mounds.

(9) `Historic district' means a significant concentration of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development and designated as such by law or regulation of the department division.

(10) `Minimize' means to lessen the adverse effect of a project on a historic property. In the case of alterations, this may include identifying and undertaking minimal change to the defining characteristics of a historic property. In the case of destruction or demolition of a historic property, this may include recording a historic building, structure, or object, or excavation of an archaeological site.

(11) `Qualified preservation professionals' means staff with training, experience, and expertise in managing historic properties. The requirement for training can be satisfied by an undergraduate degree in architectural preservation or graduate study in architectural preservation for staff with responsibility for managing nonarchaeological properties or a graduate degree in anthropology or archaeology for staff managing archaeological sites. The requirement for training also can be satisfied by specialized historic preservation training provided by the department division combined with a state certification of registration to practice architecture, or a degree in architecture, architectural history, history, or a related field. The department division may certify an individual who does not possess the educational requirements specified by this item as a qualified preservation professional where such individual has developed expertise in managing historic properties through the practice of a craft or art.


Printed Page 4715 . . . . . Tuesday, April 19, 1994

(12) `State Board of Review' means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history.

(13) `State Properties Committee' means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate."

Section 60-12-20. This chapter applies to any agency that owns or leases historic properties except as otherwise provided in this chapter.

Section 60-12-30. Agencies shall consult with the department division when planning projects that might adversely affect those properties listed in the National Register of Historic Places at the time of consultation. Consultation may be accomplished in one of three ways:

(1) The department division shall negotiate a programmatic agreement with each agency that has qualified preservation professionals in charge of management of historic properties. The agency shall agree to avoid or, when appropriate, minimize adverse effects to historic properties under its jurisdiction. The agency shall then assume responsibility for administering its own historic preservation program. The agency's qualified preservation professionals shall participate in continuing education provided by the department division at no charge.

(2) An agency that does not have qualified preservation professionals in charge of the management of historic properties may negotiate a programmatic agreement with the department division for covered projects that are similar and repetitive, projects involving routine maintenance, or projects that will not significantly alter the historical integrity of a property. The agency shall then assume responsibility for carrying out the projects or types of projects included in the programmatic agreement without having to notify the department division on a project-by-project basis.

(3) (a) Before an agency plans a project not covered by a programmatic agreement, the agency shall submit documentation describing the proposed project to the department division. If the effect will be adverse, the agency also must describe alternatives that were considered to avoid or minimize adverse effects and the reasons why any rejected alternatives were considered not to be feasible or prudent.

(b) Within thirty days after receipt of the documentation described above, the department division shall review the documentation and provide a written response to the agency. Before sending a response


Printed Page 4716 . . . . . Tuesday, April 19, 1994

recommending changes, the department division shall confer with the agency and attempt to negotiate a solution acceptable to both parties.

(c) If the agency and the department division cannot agree on the effect of a project or measures that would avoid or minimize the adverse effect of a project on historic properties, the agency may request the recommendation of the State Properties Committee.

(d) The State Properties Committee shall review the documentation provided by the agency and the written opinion of the department division. The committee shall provide its written response to the agency within thirty days after receipt of the request for comment.

(e) If the agency does not accept the recommendations made by the State Properties Committee, the agency may petition the State Board of Review to review the documentation on the project. The board shall provide its written decision to the agency within thirty days after receipt of the petition for review.

(f) Proceedings under this chapter, including the certification of individuals as qualified preservation professionals, are subject to the provisions of Chapter 23 of Title 1 (Administrative Procedures Act).

Section 60-12-40. Before implementation of this chapter, the department division shall provide each agency with a list of properties owned or leased by the agency that are listed in the National Register of Historic Places.

Section 60-12-50. The department division shall provide technical historic preservation training sessions at no cost for agency staff involved with management of historic properties.

Section 60-12-60. The department division shall provide periodic reports of agencies' compliance with the intent and provisions of this chapter to the Joint Legislative Committee on Cultural Affairs.

Section 60-12-70. The department division shall not initiate additional nominations of state-owned or leased properties to the National Register of Historic Places from passage of this chapter until after June 30, 1995, without the written agreement of the agency that owns, leases, or has jurisdiction over the property.

Section 60-12-80. This chapter does not apply to:

(1) Section 106 of the National Historic Preservation Act, as amended. This includes any undertaking requiring federal funding, licensing, or approval or any undertakings on federal property.

(2) The provisions of Article 5, Chapter 7, Title 54 (South Carolina Underwater Antiquities Act of 1991).

Section 60-12-90. Notwithstanding any provision of law to the contrary, the State House Committee shall cause the Department of


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Archives and History Division of the Department of Cultural and Informational Resources to review and comment on any proposal for alterations or renovations to the State House or that area designated as the capitol complex. The policy and decisions of the State House Committee, with regard to any proposal for or the administration of any project or program for the maintenance, alteration or renovation of the State House or that area designated as the capitol complex, shall be final."
PART III

Miscellaneous

SECTION . The provisions of Sections 1613, 1614, 1615, and 1616 of Act 181 of 1993 apply to the provisions of this section, mutatis mutandis.

SECTION . Chapters 1, 11, and 15 of Title 60 of the 1976 Code are repealed. Article 1, Chapter 13 of Title 60 of the 1976 Code is repealed.

SECTION . The unnumbered sections as contained in Parts I, II, and III take effect July 1, 1994./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3958--OBJECTIONS

The following Bill was taken up.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION


Printed Page 4718 . . . . . Tuesday, April 19, 1994

59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

AMENDMENT NO. 11

Debate was resumed on Amendment No. 11, which was proposed on Thursday, April 14, by Rep. FAIR.

Rep. FAIR explained the amendment.

Reps. ANDERSON, HASKINS, MOODY-LAWRENCE, HINES, KENNEDY, INABINETT, WILLIAMS and WHIPPER objected to the Bill.

H. 4844--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15931AC.94), which was adopted.

Amend the bill, as and if amended, page 15, line 17, by deleting /Criminal Enforcement/ and inserting /Criminal Enforcement Choice of Laws/ so when amended the title of Part II reads /Choice of Laws/.

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.


Printed Page 4719 . . . . . Tuesday, April 19, 1994

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4905--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4905 -- Reps. J. Wilder and Hodges: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST


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BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES
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THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.


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