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H. 4055
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\dka\3454dw03.doc
Introduced in the House on April 23, 2003
Currently residing in the House Committee on Judiciary
Summary: Nursing homes or assisted living facilities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/23/2003 House Introduced and read first time HJ-151 4/23/2003 House Referred to Committee on Judiciary HJ-151
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR TERMS OF TWO YEARS; BY ADDING SECTION 7-5-25 SO AS TO PROVIDE THAT MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARD OF REGISTRATION AND ELECTIONS WHOSE COMMISSIONS DO NOT COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING CERTIFICATION AND TRAINING REQUIREMENTS MUST BE REMOVED FROM OFFICE BY THE GOVERNOR; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 7 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-470 SO AS TO REQUIRE A REFERENDUM ON THE QUESTION OF RAISING THE MILLAGE LIMIT OF A GOVERNING BODY MUST BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER OF AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-13-1885 SO AS TO REQUIRE THE ENTITY CHARGED BY LAW WITH CONDUCTING THE ELECTION TO REPORT THE AGGREGATE NUMBER OF ELECTORS SIGNING THE POLL LIST TO THE STATE ELECTION COMMISSION; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-480 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE SHALL PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION BEFORE USE, AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-15. (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of two years. All terms begin on the date of appointment and end on March thirty-one of the year the term ends.
(B) A member of a county board of registration, county election commission, or a combined county board of registration and county election commission may be removed for cause by the Governor upon recommendation of the State Election Commission.
(C) Nothing in this section may be construed to prevent a legislative delegation from recommending to the Governor the removal of a board or commission member pursuant to Section 7-13-70."
SECTION 2. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-25. (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor.
(B) No later than February fifteenth of every even-numbered year, the State Election Commission shall report to the Governor and the respective legislative delegation or other recommending authority the progress of the officials named in subsection (A) of this section toward completion of the training and certification requirements applicable to these officials."
SECTION 3. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2004 and each year after that as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in November.
Section 7-13-220. If a member of a governing body is currently elected at the time of the general election or on the first Tuesday following the first Monday in November, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body currently elected in a nonpartisan election as provided by law shall continue to be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered or odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body.
Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year."
SECTION 4. Article 3, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-470. A referendum on the question of raising the millage limit of a governing body must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year."
SECTION 5. Article 11, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-1115. (A) Hand counts of election results only may be conducted if the machine used for the original count malfunctions and that malfunction is certified by the State Election Commission. The State Election Commission also must certify that the hand count is necessary. If another machine can be substituted for the malfunctioning machine within forty-eight hours of the discovery of the malfunction, the substituted machine must be used and the necessity of the hand count may not be certified. All hand counts must be conducted at the direction of the State Election Commission.
(B) The State Election Commission is directed to establish policies and procedures for all recounts which must be followed by local election commissions."
SECTION 6. Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-1885. As part of the canvassing and announcement of the results an election required by Section 7-13-1880, the entity charged by law with conducting the election shall report the aggregate number of electors signing the poll list. This number must be included in the report of the entity charged by law with conducting the election to the State Election Commission."
SECTION 7. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-335. Before each primary for the general election and the general election, the county board of registration or a trained and certified designee of the board shall visit, after prior notification, each nursing home or assisted living facility in the county, and offer residents who are qualified the opportunity to apply for an absentee ballot. If the voter needs assistance in completing the application, the board member or designee shall provide the assistance and return the completed application to the office of the voter registration board. After determining qualification, the board member or designee shall deliver the appropriate absentee ballots to each applicant, provide assistance if necessary and requested, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing the voted ballots in the ballot box provided. All provisions and safeguards established by law regarding absentee voting that are not in conflict with this section are not affected by these provisions."
SECTION 8. Article 7, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-480. Notwithstanding the provisions of this chapter, a county board of registration may use other methods of voting by absentee ballot instead of by paper ballot. A voting machine or voting system, other than a paper-based system, may not be used for in-person absentee voting that has not received written certification from the State Election Commission that the voting machine or voting system meets all statutory requirements for use in the State and certification that the machine can be secured against voting at times other than business hours of the county board of registration, that the results of elections can be held secure from release until the time for counting ballots at any polling place, and votes cast using the machine can be challenged and held secure until the hearing on challenged ballots required by Section 7-13-830 is held. The State Election Commission shall develop standards and guidelines for these purposes."
SECTION 9. Article 1, Chapter 17, Title 7 of the 1976 Code is amended by adding:
"Section 7-17-75. (A) For purposes of this section:
(1) 'Frivolous' means the basis or factual content of the protest, excluding technical aspects, is of no significance for purposes of stating a claim upon which relief may be granted.
(2) 'Without merit' means without credible evidence that the election law or a candidate's rights in an election have been violated in a manner or to the degree necessary to change the outcome of the election.
(B) If a candidate protests an election on any ground other than the disparity of the number of ballots cast, and if the board hearing the protest determines the protest was frivolous and without merit, the losing candidate who filed the frivolous protest is liable to the winning candidate and to the board hearing the protest for all costs incurred by the winning candidate in connection with the protest, and for all administrative costs incurred by the board in connection with hearing the protest, respectively."
SECTION 10. Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall must open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to before the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to before the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to before, or no more than fifteen days after the general election, the special election shall must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION 11. Section 7-13-860 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election, may appoint a watcher for any voting place where his name appears on the ballot. However, in any general or special election, all candidates who are certified by a political party must be jointly represented jointly at each polling place by not more than two watchers from the party for each one thousand registered voters or fraction thereof of it registered at the polling place. Each watcher appointed hereunder pursuant to the provisions of this section must be a qualified voter in the county where he is to watch State, and must be certified, in writing, to the managers of the voting precinct to which assigned. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official. Watchers must wear, at all times, wear visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can shall observe the entire election process at that polling place. No A watcher may not conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 12. Section 7-13-1120 of the 1976 Code is amended to read:
"Section 7-13-1120. (A) If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall must not be counted for such the office; but this shall not vitiate the ballot, so far as properly marked. Nothing herein in this section shall may be construed to prevent any voter in a general or special election from voting for any qualified person, other than those whose names are printed on the ballot, by writing in the name of the person opposite the office.
(B) The integrity of the ballot is the voter's responsibility. If a hand count, pursuant to Section 7-13-1115, is conducted the intent of the voter must be clear from the face of the ballot pursuant to policies and procedures established by the State Election Commission."
SECTION 13. Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1340. No A vote recorder or optical scan voting device shall may not be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such the candidates as may be nominated and upon such the 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 candidates for the offices of presidential electors, 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;
(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;
(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 used in conjunction with a tabulating machine, it shall preclude precludes, when used in conjunction with a tabulating machine, 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 a person can shall not see or know for whom any other elector has voted or is voting, save 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, when properly operated, correctly and accurately every vote cast;
(i) It shall be so is constructed that an elector may readily learn the method of operating it; and
(j) It shall be is safely transportable.; and
(k) is submitted, if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware, is submitted for approval as required by Section 7-13-1330(C),. The voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION 14. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is amended to read:
"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must shall request an application to vote by absentee ballot in person, by telephone, or by mail in writing from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. Any form for requesting an application for an absentee ballot that is produced and distributed by a candidate or political party must be approved by the State Election Commission before its use. The commission's written approval and a copy of the form must be on file at the commission's office and available for public inspection. A person requesting an application for a qualified elector as the qualified elector's authorized representative must shall request an application to vote by absentee ballot in person or by mail in writing only and must himself must be a registered voter and must shall sign an oath to the effect that he fits the statutory definition of a representative. A person who represents himself as an authorized representative for a qualified elector who fraudulently signs the required oath is in violation of Section 7-25-190 and, upon conviction, is subject to the penalties for that offense. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person A voter who violates the provisions of this section is subject to the penalties provided for in Section 7-25-170 7-25-20."
SECTION 15. Upon approval by the Governor, this act takes effect January 1, 2004.
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