H 4905 Session 110 (1993-1994)
H 4905 General Bill, By J.B. Wilder and J.H. Hodges
A Bill to amend Chapter 5, Title 7, Code of Laws of South Carolina, 1976, by
adding Article 4, so as to designate voter registration agencies to provide
certain services regarding voter registration to facilitate this process, to
provide for a procedure by which a valid voter registration form may be
completed at the Department of Revenue, Division of Motor Vehicles, to provide
a procedure for an elector to vote at a polling place when they have moved and
have not reregistered in the precinct in which they reside.-short title
03/10/94 House Introduced and read first time HJ-4
03/10/94 House Referred to Committee on Judiciary HJ-6
03/30/94 House Committee report: Favorable Judiciary HJ-28
04/19/94 House Objection by Rep. Simrill HJ-84
04/19/94 House Debate adjourned until Wednesday, April 20, 1994 HJ-84
04/20/94 House Objection by Rep. A. Young, Meacham, H. Brown,
Wofford, Richardson, HJ-39
04/20/94 House Objection by Rep. Cato, Clyborne, Hutson, Vaughn,
Wells, Gamble, HJ-39
04/20/94 House Objection by Rep. Trotter, Marchbanks, Shissias,
Wright, Hallman, HJ-39
04/20/94 House Objection by Rep. Fulmer, Harrell, Baker, Graham,
Haskins, HJ-39
04/20/94 House Objection by Rep. Thomas & Keegan HJ-39
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 30, 1994
H. 4905
Introduced by REPS. J. Wilder and Hodges
S. Printed 3/30/94--H.
Read the first time March 10, 1994.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4905), to amend Chapter 5, Title 7,
Code of Laws of South Carolina, 1976, by adding Article 4, so as to
designate voter registration, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
Majority favorable. Minority unfavorable.
JAMES H. HODGES ROLAND S. CORNING
For Majority. For Minority.
A BILL
TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO
DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE
CERTAIN SERVICES REGARDING VOTER REGISTRATION TO
FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE
BY WHICH A VALID VOTER REGISTRATION FORM MAY BE
COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION
OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN
ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE
MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN
WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF
THE STATE ELECTION COMMISSION IN IMPLEMENTING THE
PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT
OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE
RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE
STATE ELECTION COMMISSION, SO AS TO DELETE THE
REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE
THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED
TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY
REGISTERED AND THE NAME OF AN ELECTOR WHO HAS
FAILED TO VOTE IN EACH OF TWO CONSECUTIVE
STATEWIDE ELECTIONS, AND PROVIDE THAT THE
EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE
ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND
COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE
NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND
SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF
AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO
AS TO DELETE CERTAIN ARCHAIC REFERENCES AND
REFERENCES TO PROVISIONS WHICH ARE BEING
ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT,
AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION,
AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN
DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE
DIRECTOR OF THE STATE ELECTION COMMISSION; TO
AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION
OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON
TO 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, TO REDUCE FROM FORTY-FIVE TO
THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION
TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE
POSTMARK OF THE APPLICATION 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 THE ELECTION, TO DELETE
THE PROVISIONS REQUIRING THE APPLICATION TO BE
WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD
CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES
BEING DESIGNATED UNDER THE PROVISIONS OF SECTION
7-5-310; 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
7-13-830, AS AMENDED, RELATING TO THE PROCEDURE
WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO
AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY
IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND
COUNT ONLY THAT PORTION OF THE BALLOT WHICH
APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE
ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS
AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT
FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION
ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION
APPLICATION FORMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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.
SECTION 2. 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, `voter registration agency'
means an office designated to perform specific voter registration
activities.
(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 Alcohol and Other Drug Abuse;
(4) Department of Disabilities and Special Needs;
(5) Department of Mental Health;
(6) Commission for the Blind;
(7) Department of Vocational Rehabilitation;
(8) The Wil Lou Gray Opportunity School;
(9) South Carolina Protection and Advocacy System for the
Handicapped;
(10) Clerks of each municipality;
(11) 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 as provided under the provisions of Section 30-4-40.
(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."
SECTION 3. Section 7-3-20(C) of the 1976 Code is amended to read:
"(C) The executive director shall:
(1) maintain a complete roster 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, or (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) For the purpose of removing from the roster the names of
electors who are presumed to be no longer qualified to vote in the
precinct where registered, delete the name of any elector who has failed
to vote in each of two consecutive State-wide general elections and also
failed to vote in any other election which might have been held in the
precinct in which he is registered within the period of time intervening
between the two general elections;
(4) (3) enter names on the various rosters
master file as they are reported by the county registration
boards;
(5) (4) furnish each county registration board
with a master list of all registered voters in the county, together with
three copies 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;
(6) (5) maintain all information furnished his
office relating to the inclusion or deletion of names from the
rosters master file for four years;
(7) (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;
(8) (7) secure from the United States courts in
South Carolina and federal and state agencies available
information as to persons convicted of disqualifying crimes;
(9) (8) obtain information from any other source
which may assist him in carrying out the purposes of this section;
(10) (9) perform such other duties relating to
elections as may be assigned him by the State Election Commission;
and
(11) (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."
SECTION 4. Section 7-3-30(b) of the 1976 Code is amended to read:
"(b) Each elector whose name has been deleted shall
have has twenty days from the date such
the notice is mailed in which to appeal. The appeal
shall must be to the county board of voter
registration from whose roster 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; provided, however, that
if the elector's name has been deleted solely by reason of his failure to
vote as provided in Section 7-3-20(C)(3), his name shall be restored as
a matter of course to the registration books upon his request if he shall
be otherwise qualified, however, if the deletion is for
conviction, the appeal must be to the Executive Director of the State
Election Commission."
SECTION 5. 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 application not later than forty-five
thirty days immediately prior to 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. The
application must be witnessed by a qualified elector from the respective
county. The name, address, the voter certificate number of the witness,
and where applicable the telephone number must be legibly written on
the application. The person witnessing the application may not be a
filed candidate for public office at the time of the application. Any
applicant or witness is subject to the penalty provided in Section 7-25-20
for fraudulent registration."
SECTION 6. 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 boards 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 where they must be readily available to the public."
SECTION 7. Section 7-5-440 of the 1976 Code is amended to read:
"Section 7-5-440. No elector shall vote in any polling
precinct unless his name appears on the official list of voters for the
precinct. If the name of any registered elector does not appear or
incorrectly appears on the official list of voters of his precinct, he may
vote if he presents to the managers of election of the precinct, in addition
to his valid South Carolina driver's license or other form of identification
required by Section 7-13-710 if he is not licensed to drive, a certificate
of a member of the registration board of his county that his name is
registered and on file in the office of the registration board of his county
or a certificate of the executive director that his name is enrolled in the
records of his county on file in the office of the executive director. Any
elector may also vote upon presenting the written notification of
registration issued by the board if the elector has signed the
notification.
(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 a
challenged ballot 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 registration
board of voter registration, 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."
SECTION 8. Section 7-7-720 of the 1976 Code is amended to read:
"Section 7-7-720. (A) Any A
person whose registration is transferred to another precinct by virtue of
the provisions of this article must be delivered, notified
by mail, notification from by the county
registration board of voter registration reflecting the
new precinct of the transfer.
(B) Any A person whose notification is
returned to the board of voter registration because he is no
longer at the address shown on the board's records must have his name
removed from the registration books. The county registration office
must notify the State Election Commission of the removal. Further
notice to the elector is not required. If the elector's name has been
deleted solely by reason of the return of the notification, his name must
be restored as a matter of course to the registration books immediately
upon his request if he is otherwise qualified to vote in that precinct
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)."
SECTION 9. Section 7-7-910 of the 1976 code is amended to read:
"Section 7-7-910. Subject to the provisions of Section
Sections 7-7-920 and 7-5-440, every registered elector
shall must be registered and, unless otherwise
specified on his voting certificate, shall vote at the nearest
designated voting polling place within the
precinct of his residence, but in incorporated towns
municipalities in which officers are elected by wards or other
municipal subdivisions electors shall must be registered
and shall vote at the voting places nearest to their residences
within the ward or other subdivision of their residences their
designated polling places."
SECTION 10. Section 7-13-830 of the 1976 Code, as last amended
by Act 253 of 1992, is further amended by adding a new paragraph at
the end to read:
"When, pursuant to the provisions of Section 7-5-440(B), a
qualified elector's ballot is challenged, the authority in charge shall
examine each ballot in question and count only that portion of the ballot
which appears on the ballot in the precinct in which the elector
resides."
SECTION 11. Section 30-4-40(a) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended by adding an appropriately
numbered item:
"( ) completed voter registration application forms;"
SECTION 12. This act takes effect January 1, 1995, except that
Sections 5 and 11 take effect upon approval by the Governor.
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