View Amendment Current Amendment: 14 to Bill 4919

Reps. May, Fry, McCabe, Haddon, Dabney, Jones, Trantham, Morgan, and Magnuson propose the following Amendment No. to H. 4919 (COUNCIL\HB\4919C035.BH.HB22):

Reference is to Printer's Date 2/23/22-H.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION__. A. Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-115.( A)Only an elector registered as a member of a certified political party may vote in a partisan primary election or partisan advisory referendum of the certified political party with which that elector is registered. Once a member of a certified political party, an elector may not register with a different certified political party for two years. In no event may an elector registered as a member of a certified political party vote in the partisan primary election or partisan advisory referendum of a certified political party with which that elector is not registered.

(B) The State Election Commission shall assist the county entities charged by law with registering electors with creating and maintaining a list of all electors registered by party affiliation. The State Election Commission shall indicate in the state voter file what selection an elector makes. An elector must be registered as a member of a certified political party thirty days prior to a partisan primary election or partisan advisory referendum in order to vote. The county entities shall allow electors to register by party, if they wish, by having an elector sign the following statement before an election official overseeing the conduct of the partisan primary election:

'I do solemnly swear (or affirm) that I am a resident of South Carolina and a registered voter in this precinct. I further swear (or a ffirm) that I hereby choose to register as a member of a certified political party, specifically the ________________ Party.'

(C)Prior to January 1, 2024 , the entity charged by law with registering qualified electors shall contact the qualified electors of that county, by whatever method it determines to be appropriate, informing them of partisan primary voting procedures as provided in this section."

B.Section 7-5-110 of the 1976 Code is amended to read:

"Section 7-5-110. (A) No A person shall be allowed to may not vote at any in a partisan primary election or a partisan advisory referendum unless he shall be is registered as herein a member of that political party as required by the provisions of this chapter.

(B) The State Election Commission shall assist the county entities charged by law with registering electors with capturing the data and maintaining a list of all electors registered by party affiliation.

(C) Before the first primary is conducted under the provisions of this section, the entity charged by law with registering qualified electors shall contact the qualified electors of that county, by whatever method it determines to be appropriate, informing them of partisan primary voting procedures as provided in this section.

(D) The State Election Commission shall provide a format for absentee voting registration to comply with the provisions of this section."

C.Section 7-5-170 of the 1976 Code is amended to read:

"Section 7-5-170. (1)(A) Written application required. A person may not be registered to vote except upon written application or electronic application pursuant to Section 7-5-185,. which shall become That application becomes a part of the permanent records of the board to which it is presented and which must be open to public inspection. However, the social security number contained in the application must not be open to public inspection.

(2)(B) Form of application. The application must be on a form prescribed and provided by the executive director and shall contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, political party affiliation, if any, and location of prior voter registration. The applicant must shall affirm that he is not under a court order declaring him mentally incompetent, confined in any a public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted, that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must shall take the following oath:

'I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that the present residence address listed herein on my application is my sole legal place of residence and that I claim no other place as my legal residence. I further swear (or affirm) that I hereby choose to: register as a member of a certified political party, specifically the ______________ Party.'

(C) Any An applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense.

(3)(D) Administration of oaths. Any A member of the registration board, deputy registrar, or any a registration clerk must be qualified to administer oaths in connection with the application.

(4)(E) Decisions on applications. Any A member of the registration board, deputy registrar, or a registration clerk may pass on the qualifications of the prospective voter. In case of a question of an applicant being refused registration, at least one member of the board shall pass on the qualifications of the voter. A concise statement of the reasons for the refusal must be written on the application."

D.Section 7-9-20 of the 1976 Code is amended to read:

"Section 7-9-20. (A) The qualifications To qualify for membership in a certified political party and for voting at a party primary election include the following: the applicant for membership, or voter, must be at least eighteen years of age or become so before the succeeding general election, and must be a registered elector and a citizen of the United States and of this State. A person may not vote in a primary unless he is a registered elector. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if the qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States. and to meet the criteria for voting in a party's partisan primary election or partisan advisory referendum. The applicant for membership, or voter, must include the following:

(1) at least eighteen years of age or become so before the succeeding general election;

(2) a registered elector, a citizen of the United States and of this State; and

(3) must have registered as a member of a certified political party.

(B) A person may not belong to a party club or vote in a partisan primary election unless he is a registered elector and a member of that party.

(C) Once a qualified elector registers with a certified political party, an elector may not register with a different certified political party for two years. After the expiration of the two-year period, the entity charged by law with conducting a primary shall allow an elector to change his political party affiliation no later than thirty days before the primary."

E.Af ter May 31, 2024, all political party primaries must be conducted pursuant to the provisions of this act. /