S 38 Session 110 (1993-1994)
S 0038 General Bill, By Passailaigue
A Bill to amend Chapter 29, Title 59, Code of Laws of South Carolina, 1976, by
adding Sections 59-29-300 through 59-29-340, to establish Kids Vote, a program
which allows young South Carolinians to participate in the democratic process
by casting mock ballots; and to amend Section 7-13-770 of the 1976 Code,
relating to persons allowed within the polling area guard rail so as to allow
minors participating in Kids Vote within the guard rail and access to voting
booths.
01/12/93 Senate Introduced and read first time SJ-36
01/12/93 Senate Referred to Committee on Judiciary SJ-36
01/20/93 Senate Committee report: Favorable Judiciary SJ-21
01/26/93 Senate Read second time SJ-34
01/26/93 Senate Ordered to third reading with notice of
amendments SJ-34
01/27/93 Senate Read third time and sent to House SJ-15
01/28/93 House Introduced and read first time HJ-11
01/28/93 House Referred to Committee on Judiciary HJ-11
02/01/94 House Tabled in committee
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 20, 1993
S. 38
Introduced by SENATOR Passailaigue
S. Printed 1/20/93--S.
Read the first time January 12, 1993.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 38), to amend Chapter 29, Title 59,
Code of Laws of South Carolina, 1976, by adding Sections 59-29-300
through 59-29-340, to establish kids vote, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
ADDISON "JOE" WILSON, for Committee.
A BILL
TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTIONS 59-29-300 THROUGH
59-29-340, TO ESTABLISH KIDS VOTE, A PROGRAM WHICH
ALLOWS YOUNG SOUTH CAROLINIANS TO PARTICIPATE IN
THE DEMOCRATIC PROCESS BY CASTING MOCK BALLOTS;
AND TO AMEND SECTION 7-13-770 OF THE 1976 CODE,
RELATING TO PERSONS ALLOWED WITHIN THE POLLING
AREA GUARD RAIL SO AS TO ALLOW MINORS
PARTICIPATING IN KIDS VOTE WITHIN THE GUARD RAIL AND
ACCESS TO VOTING BOOTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 29 of Title 59 is amended by adding:
"Section 59-29-300 (A). There is hereby created Kids Vote,
a mock ballot program for minors. Kids Vote shall provide young South
Carolinians direct experience in the democratic process of voting, to
increase the likelihood that students will participate as adult voters, and
shall encourage more parents to participate in the electoral process.
(B) The State Superintendent of Education shall solicit schools
throughout the State to participate in Kids Vote. The State
Superintendent of Education shall determine the criteria for designating
participating schools. The criteria shall include a recognition of South
Carolina's culturally and geographically diverse communities from
among those schools electing to participate. The State Superintendent
of Education, after conferring with the elections officers and county
superintendents of schools in the counties wherein the schools are
located, may designate one or more schools to participate in the
program. A designated school may decline to participate in the program
at any time by notifying the State Superintendent of Education.
Section 59-29-310. The State Superintendent shall compile from
existing materials an appropriate curriculum and related materials for
instructing students on the electoral process, the importance of voting,
and how to mark and cast a ballot. The curriculum shall include a study
of issues of current interest, simplified as appropriate for the grade level
involved. The curriculum shall be presented to participating schools in
a neutral and informative manner so as not to create a bias for or against
any political party or candidate or measure on any ballot.
Section 59-29-320. The schools jointly designated by the State
Superintendent of Education to participate in the program shall provide
in a timely manner the required instruction to students participating in
the program in order to enable them to cast facsimile or mock ballots.
The schools shall also provide related materials to the parents,
guardians, or adults who will be eligible to participate with students in
this program informing them about Kids Vote and how to participate in
it. The instructions shall include voter registration information and
information about deadlines to register to vote in upcoming elections in
which the Kids Vote program is being conducted.
Section 59-29-330. The State Superintendent of Education, for each
county in which a school participating in the program is located, shall
work with the county elections officials and the county superintendents
to accomplish, notwithstanding any other provision of law, all of the
following, in a manner that will not impede the normal voting process,
and using routinely established procedures as much as possible:
(a) permit the distribution of facsimile or mock ballots at
regularly designated polling places by precinct board members to
participating students who are accompanied by a parent or guardian or
other adult who is voting in the election;
(b) permit participating students to enter a voting booth at a
polling place to cast a facsimile or mock ballot; and
(c) count the ballots cast by participating students and announce
the results to the schools participating in the program.
Section 59-29-340. No appropriation of public funds shall be made
or augmented by any governmental agency for the specific purpose of
implementing Kids Vote. No public funds shall be used by any
governmental agency for the purpose of administering, or participating
in, the program created by Section 59-29-300. Kids Vote shall be
designed and implemented, with respect to any election, only to the
extent funding is available for that purpose from nonpublic sources.
However, the Secretary of State, notwithstanding any other provision of
law, may solicit, receive, and disburse funding received from nonpublic
sources to pay for costs associated with implementing this chapter,
including costs incurred by schools and county elections officials
participating in the program."
SECTION 2. Section 7-13-770 of the 1976 Code is amended to read:
"Section 7-13-770. (A) No person other than a
voter preparing his ballot is allowed within the guard rail, except as
provided in this section. A voter who requires assistance to vote by
reason of blindness, disability, or inability to read or write shall make
the fact known to the managers. The chairman of the managers shall
appoint one of the managers and any person of the voter's choice, other
than the voter's employer or agent of that employer or officer or agent
of the voter's union to assist the voter in preparing his ballot. After the
voter's ballot has been prepared, the person chosen by the voter to assist
him shall immediately leave the vicinity of the guard rail. In lieu of the
above assistance a person may have a member of his family or, in the
case of a blind voter, any person of his choosing render him assistance
in voting without the presence of a manager. The term `family' means
spouse, father, mother, son, daughter, brother, sister, grandfather,
grandmother, grandson, granddaughter, aunt, uncle, niece, or nephew.
(B) A minor is allowed within the guard rail and the voting
booths in order to participate in a privately sponsored voter education
program pursuant to Section 59-29-300 provided that the minor is
accompanied by his parent or guardian. This program, sponsored by
private individuals and organizations, is intended to educate minors in
the voting process so that on election day they may participate in a
simulated election at the polling place.
The State Election Commission and local election commissions shall
cooperate with the State Superintendent of Education to implement this
program."
SECTION 3. This act takes effect upon approval by the Governor.
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