H 3385 Session 110 (1993-1994)
H 3385(Rat #0568) General Bill, By J.L.M. Cromer
A Bill to amend Section 7-11-15, as amended, Code of Laws of South Carolina,
1976, relating to elections, methods of nomination, and qualifications to run
as a candidate in general elections, so as to delete the provisions relating
to candidates seeking nomination by petition; and to amend Section 7-13-190,
as amended, relating to special elections to fill vacancies in office, so as
to provide for a separate filing period for candidates seeking nomination by
petition in partisan elections, and change a Code reference; to provide that
the General Assembly finds that Congress has enacted the "National Voter
Registration Act of 1993" (P.L. No. 103-31 of 1993) and that the purpose of
this Act is to comply with the provisions of that congressional law; to amend
the 1976 Code by adding Article 4 to Chapter 5, Title 7, so as to enact
provisions for multiple site voter registration and responsibilities of the
South Carolina State Election Commission in implementing the National Voter
Registration Act of 1993; to amend Section 7-3-20, relating to the executive
director of the State Election Commission, so as to, among other things,
require the executive director to maintain a complete master file, rather than
roster, of all qualified electors, require him to delete the name of any
elector who requests in writing that his name be removed, and delete certain
provisions of law; to amend Section 7-3-30, relating to notice of deletion of
elector's name from roster of electors, appeal by elector, and restoration of
name, so as to, among other things, provide for a master file, rather that a
roster, delete certain provisions, and provide that if the deletion is for
conviction, the appeal must be to the executive director of the State Election
Commission; to amend Section 7-5-155, relating to registration of electors by
mail, so as to, among other things, delete certain provisions, provide that if
the postmark date 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 any election,
and require county boards of voter registration to distribute application
forms to city halls and public libraries;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 7-13-810, as amended, relating to the powers of the
managers of elections, so as to add a provision which would authorize any
candidate to protest an election in which he is a candidate pursuant to the
provisions of Section 7-17-30, when the protest is based in whole or in part
on evidence discovered after the election, and provide what this evidence may
include; to amend Section 7-13-860, Code of Laws of South Carolina, 1976,
relating to the appointment, qualifications, identification, and conduct of
poll watchers, so as to specify the maximum size and size of lettering on
identification badges and to prohibit badges in fluorescent colors and to
amend Section 7-25-180, as amended, relating to the distribution of campaign
literature on election day within two hundred feet of a building where a
polling place is located, so as to provide that the candidate may wear a label
identifying himself as a candidate and the office he is seeking and provide
conditions on the wearing of the label; and to amend the 1976 Code by adding
Section 7-13-335, so as to provide that candidates names in certain elections
be arranged in alphabetical order; to amend Section 7-13-610, as amended,
relating to ballot specifications, in party primaries, so as to provide that
the ballot must contain the names of persons in alphabetical order.-amended
title
02/03/93 House Introduced and read first time HJ-18
02/03/93 House Referred to Committee on Judiciary HJ-18
04/01/93 House Committee report: Favorable Judiciary HJ-4
04/06/93 House Read second time HJ-21
04/07/93 House Read third time and sent to Senate HJ-20
04/07/93 Senate Introduced and read first time SJ-12
04/07/93 Senate Referred to Committee on Judiciary SJ-12
05/18/94 Senate Committee report: Favorable Judiciary SJ-33
05/25/94 Senate Read second time SJ-22
05/25/94 Senate Ordered to third reading with notice of
amendments SJ-22
05/26/94 Senate Amended SJ-41
05/26/94 Senate Read third time and returned to House with
amendments SJ-55
06/02/94 House Senate amendment amended HJ-39
06/02/94 House Returned to the Senate HJ-39
06/02/94 Senate Concurred in House amendment and enrolled SJ-78
06/02/94 Ratified R 568
01/10/95 Vetoed by Governor
01/17/95 House Veto sustained Yeas-44 Nays-67
(R568, H3385)
AN ACT O AMEND SECTION 7-11-15, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS,
METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS
A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE
PROVISIONS RELATING TO CANDIDATES SEEKING
NOMINATION BY PETITION; TO AMEND SECTION 7-13-190, AS
AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL
VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE
FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY
PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE
REFERENCE; TO PROVIDE THAT THE GENERAL ASSEMBLY
FINDS THAT CONGRESS HAS ENACTED THE "NATIONAL
VOTER REGISTRATION ACT OF 1993" (P.L. NO. 103-31 OF
1993) AND THAT THE PURPOSE OF THIS ACT IS TO COMPLY
WITH THE PROVISIONS OF THAT CONGRESSIONAL LAW; TO
AMEND THE 1976 CODE BY ADDING ARTICLE 4 TO CHAPTER 5,
TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE
VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH
CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING
THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND
SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF
THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER
THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A
COMPLETE MASTER FILE, RATHER THAN ROSTER, OF ALL
QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF
ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE
REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO
AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF
ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY
ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG
OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A
ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF
THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO
THE EXECUTIVE DIRECTOR OF THE STATE ELECTION
COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO
REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG
OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT
IF THE POSTMARK DATE 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 ANY ELECTION, AND REQUIRE COUNTY BOARDS OF
VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS
TO CITY HALLS AND PUBLIC LIBRARIES; 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 7-13-810, AS AMENDED,
RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS,
SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY
CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A
CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION
7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART
ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND
PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; TO AMEND
SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE APPOINTMENT, QUALIFICATIONS,
IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS
TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON
IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN
FLUORESCENT COLORS AND TO AMEND SECTION 7-25-180, AS
AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN
LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET
OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS
TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL
IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS
SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE
LABEL; AND TO AMEND THE 1976 CODE BY ADDING SECTION
7-13-335, SO AS TO PROVIDE THAT CANDIDATES NAMES IN
CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER;
TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO
BALLOT SPECIFICATIONS, IN PARTY PRIMARIES, SO AS TO
PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF
PERSONS IN ALPHABETICAL ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
Qualification as a candidate
SECTION 1. Section 7-11-15 of the 1976 Code, as last amended by Act
583 of 1990, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the
general election, all candidates seeking nomination by political party
primary or political party convention must file a statement of intention of
candidacy, as follows:
Candidates seeking nomination by political party primary and political
party convention for a statewide, congressional, or district office which
includes more than one county shall file their statement of candidacy with
the State Executive Committee of their respective party between noon on
April sixteenth and noon on April thirtieth and those candidates seeking
nomination by political party primary and political party convention for the
state Senate, House of Representatives, a countywide, or less than
countywide office shall file their statement of candidacy with the county
executive committee with their respective party between noon March
sixteenth and noon March thirtieth.
The county executive committee of any political party with whom
statements of candidacy are filed must file, in turn, all statements of
candidacy with the county clerk of court by noon on the tenth day
following the deadline for filing statements by candidates. If the tenth day
falls on Saturday, Sunday, or a holiday, the statements must be filed by
noon the following day. The State Executive Committee of any political
party with whom statements of candidacy are filed must file, in turn, all the
statements of candidacy with the State Election Commission by noon on
the tenth day following the deadline for filing statements by candidates. If
the tenth day falls on Saturday, Sunday, or a holiday, the statements must
be filed by noon the following day. No candidate's name may appear on a
primary election ballot, convention slate of candidates, general election
ballot, or special election ballot, except as otherwise provided by law, if the
candidate's statement of candidacy, as required by this section, has not been
filed with the county clerk of court or State Election Commission, as the
case may be, by the deadline. The candidate's name must appear if the
candidate produces the signed and dated copy of his timely filed statement
of candidacy.
The statement of candidacy required in this section and in Section
7-13-190(B) must be on such form as designed and provided by the State
Election Commission. It must be filed in triplicate by the candidate, and
the political party committee with whom it is filed must stamp it with the
date and time received, sign it, keep one copy, return one copy to the
candidate, and send one copy to either the county clerk of court or the State
Election Commission, as the case may be.
If, after the closing of the time for filing statements of candidacy, there
are not more than two candidates for any one office and one or more of the
candidates dies, or withdraws, the state or county committee, as the case
may be, if the nomination is by political party primary or political party
convention only may, in its discretion, afford opportunity for the entry of
other candidates for the office involved; provided, that for the office of
state Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee
elections in any school district where local law provisions provide for other
dates and procedures for filing statements of candidacy or petitions, and to
the extent the provisions of this section and the local law provisions
conflict, the local law provisions control."
Filing to open
SECTION 2. Section 7-13-190(B) of the 1976 Code, as last amended by
Act 61 of 1991, is further amended to read:
"(B) In partisan elections, whether seeking nomination by
political party primary or political party convention, filing by such
candidates shall open for the office at noon on the third Friday after the
vacancy occurs for a period to close ten days later at noon. If seeking
nomination by petition, filing by such candidates shall open for the office at
noon on the eleventh Tuesday after the vacancy occurs for a period to close
seven days later at noon. 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 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."
Findings
SECTION 3. The General Assembly finds that the United States Congress
has enacted the "National Voter Registration Act of 1993", P.L.
No. 103-31 (1993). The purpose of this act is to comply with the
provisions of that law.
Multiple Site Voter Registration
SECTION 4. Chapter 5, Title 7 of the 1976 Code is amended by
adding:
"Article 4
Multiple Site Voter Registration and
Responsibilities of the State
Election Commission in Implementing the
National Voter Registration Act of 1993
Section 7-5-310. (A) As used in this article:
(1) `Voter registration agency' means an office designated to perform
specific voter registration activities;
(2) `Motor vehicle driver's license' means any personal identification
document issued by the Department of Revenue.
(B) There are designated the following voter registration agencies:
(1) Department of Social Services;
(2) Department of Health and Environmental Control - WIC
program;
(3) Department of Disabilities and Special Needs;
(4) Commission for the Blind;
(5) Department of Vocational Rehabilitation;
(6) South Carolina Protection and Advocacy System for the
Handicapped;
(7) Armed Forces recruiting offices.
(C) At each voter registration agency, the following services must be
made available:
(1) distribution of voter registration application forms in accordance
with subsection (F).
(2) assistance to applicants in completing voter registration
application forms, unless the applicant refuses the assistance.
(3) acceptance of completed voter registration application forms for
transmittal to the county board of voter registration.
(D) If a voter registration agency designated under the provisions of this
section provides services to a person with a disability at the person's home,
the agency shall provide the services described in subsection (C) at the
person's home.
(E) A person who provides services described in subsection (C) may
not:
(1) seek to influence an applicant's political preference;
(2) display a political preference or party allegiance;
(3) make any statement to an applicant or take any action, the purpose
or effect of which is to discourage the applicant from registering to vote;
or
(4) make any statement to an applicant or take any action, the purpose
or effect of which is to lead the applicant to believe that a decision to
register to vote has any bearing on the availability of services or
benefits.
(F) A voter registration agency that is an office that provides service or
assistance in addition to conducting voter registration shall:
(1) distribute to each applicant for the service or assistance, and with
each recertification, renewal, or change of address form relating to the
service or assistance the voter registration application form, including a
statement that:
(a) specifies each eligibility requirement (including citizenship);
(b) contains an attestation that the applicant meets the requirement;
and
(c) requires the signature of the applicant, under penalty of perjury;
or
(2) (a) provide a form that includes:
(i) the question, `If you are not registered to vote where you live
now, would you like to apply to register to vote here today?';
(ii) if the agency provides public assistance, the statement,
`Applying to register or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency.';
(iii) boxes for the applicant to check to indicate whether the
applicant would like to register or decline to register to vote (failure to
check either box being considered to constitute a declination to register for
purposes of subsection (G), together with the statement (in close proximity
to the boxes and in prominent type), `IF YOU DO NOT CHECK EITHER
BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
REGISTER TO VOTE AT THIS TIME.';
(iv) the statement, `If you would like help in filling out the voter
registration application form, we will help you. The decision whether to
seek or accept help is yours. You may fill out the application form in
private.'; and
(v) the statement, `If you believe that someone has interfered with
your right to register or decline to register to vote, your privacy in deciding
whether to register or in applying to register to vote, you may file a
complaint with the State Election Commission.' The name, address, and
telephone number of the Executive Director of the State Election
Commission must be printed on the form; and
(b) provide to each applicant who does not decline to register to vote
the same degree of assistance with regard to the completion of the
registration application form as is provided by the office with regard to the
completion of its own forms, unless the applicant refuses the assistance.
(G) No information relating to a declination to register to vote in
connection with an application made at an office described in subsection
(B) may be used for any purpose other than voter registration.
(H) (1) A completed registration application accepted at a voter
registration agency must be transmitted to the county board of voter
registration not later than ten days after acceptance.
(2) If a registration application is accepted within five days before the
last day for registration to vote in an election, the application must be
transmitted to the county board of registration not later than five days after
the date of acceptance.
Section 7-5-320. (A) (1) Each state motor vehicle driver's license
application, including a renewal application, submitted to the Department
of Revenue, Division of Motor Vehicles, serves as an application for voter
registration unless the applicant fails to sign the voter registration
application. Failure to sign the voter registration portion of the driver's
license application serves as a declination to register.
(2) An application for voter registration submitted under item (1) is
considered to update any previous voter registration by the applicant.
(B) No information relating to the failure of an applicant for a state
motor vehicle driver's license to sign a voter registration application may be
used for any purpose other than voter registration.
(C) (1) The Department of Revenue, Division of Motor Vehicles, shall
include a voter registration form as part of an application for a state motor
vehicle driver's license.
(2) The voter registration application portion of an application for a
state motor vehicle driver's license:
(a) may not require any information that duplicates information
required in the driver's license portion of the form, other than a second
signature or other information necessary under subitem (c);
(b) may require only the minimum amount of information necessary
to:
(i) prevent duplicate voter registrations; and
(ii) enable a county board of voter registration to assess the
eligibility of the applicant and to administer voter registration and other
parts of the election process;
(c) includes a statement that:
(i) states each eligibility requirement, including citizenship;
(ii) contains an attestation that the applicant meets each
requirement; and
(iii) requires the signature of the applicant under penalty of
perjury;
(d) includes in print identical to that used in the attestation portion of
the application:
(i) the information required in Section 7-5-320(C)(2)(c);
(ii) a statement that, if an applicant declines to register to vote, the
fact that the applicant has declined to register will remain confidential and
will be used only for voter registration purposes; and
(iii) a statement that, if an applicant does register to vote, the office
at which the applicant submits a voter registration application will remain
confidential and will be used only for voter registration purposes; and
(e) must be made available, as submitted by the applicant, to the
county board of voter registration official.
(D) A change of address form submitted in accordance with state law
for purposes of a state motor vehicle driver's license serves as notification
of change of address for voter registration unless the qualified elector states
on the form that the change of address is not for voter registration
purposes.
(E) (1) A completed voter registration portion of an application for a
state motor vehicle driver's license accepted at a state motor vehicle
authority must be transmitted to the county board of voter registration no
later than ten days after the date of acceptance.
(2) If a registration application is accepted within five days before the
last day for registration to vote in an election, the application must be
transmitted to the county board of registration not later than five days after
the date of acceptance.
Section 7-5-330. (A) In the case of registration with a motor vehicle
application under Section 7-5-320, the valid voter registration form of the
applicant must be completed at the Department of Revenue, Division of
Motor Vehicles, no later than thirty days before the date of the election.
(B) In the case of registration by mail under Section 7-5-155, the valid
voter registration form of the applicant must be post-marked no later than
thirty days before the date of the election.
(C) In the case of registration at a voter registration agency, the valid
voter registration form of the applicant must be completed at the voter
registration agency no later than thirty days before the date of the
election.
(D) In any other case, the valid voter registration form of the applicant
must be received by the county board of voter registration no later than
thirty days before the date of the election.
(E) (1) The county board of voter registration shall:
(a) send notice to each applicant of the disposition of the
application; and
(b) ensure that the identity of the voter registration agency
through which a particular voter is registered is not disclosed to the
public.
(2) If the notice sent pursuant to the provisions of subitem (a) of
this item is returned to the board of voter registration as undeliverable, the
elector to whom it was sent must be reported by the board to the State
Election Commission. The State Election Commission must place the
elector in an inactive status on the master file and may remove this elector
upon compliance with the provisions of Section 7-5-330(F).
(F) (1) The State Election Commission may not remove the name of a
qualified elector from the official list of eligible voters on the ground that
the qualified elector has changed residence unless the qualified elector:
(a) confirms in writing that the qualified elector has changed
residence to a place outside the county in which the qualified elector is
registered; or
(b) (i) has failed to respond to a notice described in item (2);
and
(ii) has not voted or appeared to vote and, if necessary, correct the
county board of voter registration's record of the qualified elector's address,
in an election during the period beginning on the date of the notice and
ending on the day after the date of the second general election that occurs
after the date of the notice.
(2) `Notice', as used in this item, means a postage prepaid and
preaddressed return card, sent by forwardable mail, on which the qualified
elector may state his current address, together with a statement to the
following effect:
(a) if the qualified elector did not change his residence, or changed
residence but remained in the same county, the qualified elector shall return
the card no later than thirty days before the date of the election. If the card
is not returned, affirmation or confirmation of the qualified elector's address
may be required before the qualified elector is permitted to vote during the
period beginning on the date of the notice and ending on the day after the
date of the second general election that occurs after the date of the notice,
and if the qualified elector does not vote in an election during that period
the qualified elector's name must be removed from the list of eligible
voters;
(b) if the qualified elector has changed residence to a place outside
the county in which the qualified elector is registered, information as to
how the qualified elector can re-register to vote.
(3) The county board of voter registration shall correct an official list
of eligible voters in accordance with change of residence information
obtained pursuant to the provisions of this subsection.
(4) The program required pursuant to the provisions of subsection (F)
of this section must be completed no later than ninety days before the date
of a statewide primary or general election.
Section 7-5-340. The State Election Commission shall:
(1) provide that the name of a qualified elector may not be removed
from the official list of eligible voters except:
(a) at the request of the qualified elector;
(b) as adjudicated by a court of competent jurisdiction;
(c) as provided under item (2);
(2) conduct a general program that makes a reasonable effort to
remove the names of ineligible voters from the official lists of eligible
voters by reason of:
(a) the death of the qualified elector; or
(b) a change in the residence of the qualified elector;
(3) inform applicants under Sections 7-5-155, 7-5-310, and 7-5-320
of:
(a) voter eligibility requirements; and
(b) penalties provided by law for submission of a false voter
registration application.
(4) (a) complete, no later than ninety days before the date of a
statewide primary or general election, a program to systematically remove
the names of ineligible voters from the official lists of eligible voters in
compliance with the provisions of Section 7-5-330(F).
(b) subitem (a) may not be construed to preclude:
(i) the removal of names from official lists of voters on a basis
described in items (1) and (2); or
(ii) correction of registration records pursuant to this
article."
Duties of executive director
SECTION 5. Section 7-3-20(C) of the 1976 Code is amended to read: "(C) The executive director shall:
(1) maintain a complete master file of all qualified electors by county
and by precincts;
(2) delete the name of any elector (a) who is deceased, (b) who is no
longer qualified to vote in the precinct where currently registered, (c) who
has been convicted of a disqualifying crime, (d) who is otherwise no
longer qualified to vote as may be provided by law, or (e) who requests in
writing that his name be removed;
(3) enter names on the master file as they are reported by the county
registration boards;
(4) furnish each county registration board with a master list of all
registered voters in the county, together with a copy of all registered voters
in each precinct of the county, at least ten days prior to each election. The
precinct copies shall be used as the official list of voters;
(5) maintain all information furnished his office relating to the
inclusion or deletion of names from the master file for four years;
(6) purchase, lease, or contract for the use of such equipment as may
be necessary to properly execute the duties of his office, subject to the
approval of the State Election Commission;
(7) secure from the United States courts and federal and state
agencies available information as to persons convicted of disqualifying
crimes;
(8) obtain information from any other source which may assist him in
carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned
him by the State Election Commission;
(10) furnish at reasonable price any and all precinct lists to any
qualified elector requesting same; and
(11) serve as the chief state election official responsible for
implementing and coordinating the state's responsibilities under the
National Voter Registration Act of 1993."
Appeals
SECTION 6. Section 7-3-30(b) of the 1976 Code is amended to read:
"(b) Each elector whose name has been deleted has twenty days
from the date the notice is mailed to appeal. The appeal must be to the
county board of voter registration from whose master file the deletion has
been made. If the board determines that the elector's name should not have
been deleted, it shall instruct the central registration office to restore his
name to the registration books; however, if the deletion is for conviction,
the appeal must be to the Executive Director of the State Election
Commission."
Register to vote by mail
SECTION 7. Section 7-5-155(a)(1) of the 1976 Code is amended to
read:
"(1) Subject to the provision of Section 7-5-150, any qualified
citizen may 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 not later than thirty days before any election to his
registration board. The postmark date of a mailed application is considered
the date of mailing. If the postmark date 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
any election."
Applications
SECTION 8. Section 7-5-155(c) of the 1976 Code is amended to read:
"(c) (1) The State Election Commission shall furnish a sufficient
number of applications to the county boards of voter registration and voter
registration agencies specified in Section 7-5-310(B) so that distribution of
the applications may be made to various locations throughout the counties
and mailed to persons requesting them.
(2) County boards of voter registration shall distribute application
forms to various locations in their respective counties, including city halls
and public libraries, where they must be readily available to the
public."
Moving from precinct
SECTION 9. Section 7-5-440 of the 1976 Code is amended to read:
"Section 7-5-440. (A) A qualified elector who has moved from
an address in a precinct to an address in the same precinct shall,
notwithstanding failure to notify the county board of voter registration of
the change of address prior to the date of an election, be permitted to vote
at that precinct's polling place upon oral or written affirmation by the
qualified elector of the change of address before an election official at that
polling place.
(B) A qualified elector who has moved from an address in one precinct
to an address in another precinct within the same county and who has failed
to notify the county board of voter registration of the change of address
before the date of an election, at the option of the elector:
(a) must be permitted to correct the voting records and vote
challenged ballots containing only the races for federal, statewide, and
countywide offices pursuant to the provisions of Section 7-13-830 at the
elector's former polling place, upon oral or written affirmation by the
elector of the new address before an election official at that polling place;
or
(b) must be permitted to correct the voting records and vote at a
central location located at the main office of the county board of voter
registration where a list of eligible voters is maintained, upon written
affirmation by the elector of the new address on a standard form provided
at the central location;
(C) If the registration records indicate inaccurately that a qualified
elector has moved from an address in the precinct, the elector shall be
permitted to vote at that polling place, upon oral or written affirmation by
the elector before an election official at that polling place that the qualified
elector continues to reside at his address.
(D) For voting purposes, in the case of a change of address of a
qualified elector to another address within the same county, the county
board of voter registration shall correct the voting registration list
accordingly, and the elector's name may not be removed from the official
list of eligible voters except as provided in Section 7-5-330(F).
(E) At least one member of the county board of voter registration, the
clerk, or deputy registrar must be present in the registration board's office at
all hours during which the polls are open on every election day for the
purpose of carrying out the provisions of this section."
Transfer of registration
SECTION 10. Section 7-7-720 of the 1976 Code is amended to read:
"Section 7-7-720. (A) A person whose registration is transferred
to another precinct by virtue of the provisions of this article must be
notified by mail by the county board of voter registration of the
transfer.
(B) A person whose notification is returned to the board of voter
registration as undeliverable must be reported by the board to the State
Election Commission. The State Election Commission must place the
elector in an inactive status on the master file and may remove this elector
upon compliance with the provisions of Section 7-5-330(F)."
Voter to vote at designated polling place
SECTION 11. Section 7-7-910 of the 1976 Code is amended to read:
"Section 7-7-910. Subject to the provisions of Sections 7-7-920
and 7-5-440, every registered elector must be registered and shall vote at
the designated polling place within the precinct of his residence, but in
municipalities in which officers are elected by wards or other municipal
subdivisions, electors must be registered and vote at their designated
polling places."
Challenging of voter
SECTION 12. Section 7-13-810 of the 1976 Code, as last amended by Act
357 of 1990, is further amended to read:
"Section 7-13-810. The managers of election shall prevent a
person from voting when they have good reason to believe the person has
already voted. They shall refuse to allow a person to vote who is not a
registered elector or who has become disqualified for any cause to vote in
the voting precinct. They also may prevent any voter from consuming
more than five minutes in voting, but no manager may examine, read, or
handle the ballot being voted or about to be voted by a voter or interfere in
any way with the voting of a voter otherwise than provided in this section.
An elector or a qualified watcher , and it is the duty of the managers of the
election to, may challenge the vote of a person who may be known or
suspected not to be a qualified voter. However, the challenges by persons
other than a manager must be addressed to the manager and not directly to
the voter. The manager then shall present the challenge to the voter and
act in accordance with the provisions in this section. All challenges must
be made before the time a voter deposits a paper ballot in a ballot box or
casts his vote in a voting machine, and no challenge may be considered
after that time. However, challenges may be made at any time before the
opening of return-addressed envelopes and the removal of `Ballot Herein'
envelopes from them as to absentee voters. Nothing contained in this
section affects the right of an elector or a qualified watcher to challenge
the vote of a person which is fraudulent or when the challenge is based on
evidence discovered after the vote is cast. A candidate may protest an
election in which he is a candidate pursuant to Section 7-17-30 when the
protest is based in whole or in part on evidence discovered after the
election. This evidence may include, but is not limited to, after-discovered
evidence of voters who have voted in a precinct or for a district office other
than the one in which they are entitled by law to vote."
Poll watchers
SECTION 13. Section 7-13-860 of the 1976 Code is amended to read:
"Section 7-13-860. Each candidate who is not unopposed in the
primary and each candidate in a general election may appoint a watcher for
any voting place that he may desire. However, in any general or special
election, all candidates who are certified by a political party must be
jointly represented at each polling place that they may desire by not more
than two watchers from the party for each one thousand registered voters
or fraction of a thousand registered voters registered at the polling place.
Every watcher appointed under this section must be a qualified voter in the
county where he is to watch and must be certified to the managers of the
voting precinct to which assigned, in writing, signed by the candidate or by
an appropriate party official as having been designated to act as a watcher.
Watchers at all times shall wear appropriate, visible identification
specifying the candidate or party which they represent. No watcher shall
conduct himself in a manner that interferes in the orderly conduct of the
election or influences any voter in the casting of his ballot. The
identification badge of a pollwatcher 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."
Distribution of campaign literature
SECTION 14. Section 7-25-180 of the 1976 Code, as last amended by Act
393 of 1990, is further amended to read:
"Section 7-25-180. (A) It is unlawful on an election day within
two hundred feet of any entrance used by the voters to enter the polling
place for a person to distribute any type of campaign literature or place any
political posters. The poll manager shall use every reasonable means to
keep the area within two hundred feet of any such entrance clear of
political literature and displays, and the county and municipal law
enforcement officers, upon request of a poll manager, shall remove or cause
to be removed any material within two hundred feet of any such entrance
distributed or displayed in violation of this section.
(B) A candidate may wear within two hundred feet of the polling place
a label no larger than four and one-fourth inches by four and one-fourth
inches that contains the candidate's name and the office he is seeking. If the
candidate enters the polling place, he may not display any of this
identification, including, but not limited to, campaign stickers or buttons. (C) Nothing in this section may be interpreted to prohibit a registered
voter from wearing any campaign sticker, button, t-shirt, or hat while
waiting to vote."
Arrangement of ballots
SECTION 15. Article 7 of Chapter 13 of Title 7 is amended by
adding:
"Section 7-13-335. The State Election Commission or the local
entity responsible for printing general or special election ballots or for the
arrangement of a ballot by mechanical or electronic means must conform
such ballots to the requirements of Section 7-13-330; provided, however,
that the names of candidates in nonpartisan and at-large, multi-seat races
must be listed in alphabetical order. The provisions of this section shall not
apply to a partisan election."
Ballots
SECTION 16. Section 7-13-610 of the 1976 Code, as last amended by Act
253 of 1992, is further amended to read:
"Section 7-13-610. The State Election Commission and the
respective county election commissions shall prepare separate ballots for
each political party holding a primary. The ballots for each party must
contain in print only the names of the candidates who have filed to run in
that particular party primary and must have a stub at the top perforated so
as to be easily detached. On the stub must be printed `Official state (or
county) Ballot, (name of party) Primary', the name of the county and the
precinct, and the date of the primary. On the right side there must be a
blank line under which must be printed `Initials of Issuing Officer'. Stubs
on ballots for each precinct must be numbered consecutively, beginning
with `No. 1'. The ballots must be furnished by the State Election
Commission for all except members of the General Assembly, county
officers, less than county officers, and circuit solicitors, for which the
county election commission shall furnish the ballots. One ballot must
contain the names of all persons in alphabetical order running for state and
federal offices. The other ballot must contain, in alphabetical order, the
names of all persons running for the General Assembly, county offices, less
than county officers, and solicitors. Ballots furnished by the State Election
Commission under this section must have marked on them in plain type,
both on the stub and on the ballot, the words `Official State Ballot'. Ballots
furnished by the county election commission under this section must have
marked on them in plain type, both on the stub and on the ballot, the words
`Official County Ballot'. The ballot must be printed on paper of a
thickness so that the printing cannot be distinguished from the back and
must be of a size and color as directed by the State Election Commission.
If more than one ballot is to be used in a primary, each ballot must be
printed on different colored paper. The ballot must contain a voting square
opposite the name of each candidate, and the voter shall vote by putting a
mark in the voting square opposite the name of the candidate of his choice.
The State Election Commission is hereby empowered to establish, under
Chapter 23 of Title 1, such rules and regulations as are necessary for the
proper administration of this section."
Time effective
SECTION 17. This act takes effect January 1, 1995, except that Sections
7, 12, and 13 take effect upon approval by the Governor.
In the Senate House
____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1994.
______________________________________________
Governor
Printer's Date -- June 8, 1994 -- S.
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