Bill 1298

                    Current Status

Bill Number:                       1298
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960327
Primary Sponsor:                   Holland 
All Sponsors:                      Holland 
Drafted Document Number:           jud6070.dhh
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Voting systems, electronic
                                   filing of election results

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Read second time, unanimous consent
                  for third reading on Friday,
                  19960426
Senate  19960417  Committee report: Favorable              11 SJ
Senate  19960327  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 17, 1996

S. 1298

S. Printed 4/17/96--S.

Read the first time March 27, 1996.

To whom was referred a Bill (S. 1298), to amend the Code of Laws of South Carolina, 1976, by adding Section 7-13-1340, so as to provide that all vote recorder voting systems, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DONALD H. HOLLAND, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.

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 by adding:

"(k) All vote recorder voting systems, including optical scan voting systems, must be capable of producing and transmitting an electronic file containing the results of any election in which this system is used in a format prescribed by the State Election Commission from its central count unit.

Any vote recorder or optical scan voting system that fails to satisfy these requirements prior to application for certification for use in the State shall not be certified until all requirements are satisfied."

SECTION 2. Section 7-13-1640 of the 1976 Code is amended to read:

"Section 7-13-1640. Any kind or type of voting machine, including Direct Recording Electronic (DRE) voting systems, may be approved by the State Board of Voting Machine Commissioners which is so constructed as to fulfill the following requirements. It shall:

(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 of the candidates of one party or in part for the candidates of one or more parties;

(2) Permit the voter to vote for as many persons for any office as he is lawfully entitled to vote for, but no more;

(3) Prevent the voter from voting for the same person more than once for the same office;

(4) Permit the voter to vote for or against any question he may have the right to vote on, but no other;

(5) If used at a primary election, be so equipped that all rows except those of the voter's party can be locked out by the managers of election by means of an adjustment on the outside of the machine;

(6) Correctly register or record and accurately count all votes cast for any and all candidates and for or against all questions;

(7) Be provided with a `protective counter' or `protective device' whereby any operation of the machine before or after the election will be detected;

(8) Be provided with a counter which shall show at all times during an election how many persons have voted;

(9) Be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; and

(10) Insure Ensure voting in absolute secrecy.; and

(11) Be capable of producing and transmitting an electronic file containing the results of any election in which such system is used in a format prescribed by the State Election Commission from its central count unit.

Any voting machine system or DRE voting system that fails to satisfy these requirements prior to application for certification for use in the State shall not be certified until all requirements are satisfied.

Any such kind or type of machine shall be provided with a device for each party and for each nomination by petition for voting for presidential and vice-presidential candidates in one operation and listing the candidates by name and by party or indicating the candidate is nominated by petition."

SECTION 3. This act takes effect upon approval by the Governor.