H 4646 Session 112 (1997-1998)
H 4646 General Bill, By Harrison and Knotts
Similar(S 1069)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN
COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR
THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO
TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO
PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE
STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND
RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE
UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL
SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
02/18/98 House Introduced and read first time HJ-11
02/18/98 House Referred to Committee on Judiciary HJ-11
03/11/98 House Committee report: Favorable Judiciary HJ-4
03/17/98 House Requests for debate-Rep(s). Meacham, Kirsh,
Hinson, Moody-Lawrence, Young-Brickell & Loftis HJ-24
03/17/98 House Member(s) added as co-sponsor(s): Rep(s) Knotts HJ-10
03/25/98 House Tabled HJ-58
03/25/98 House Roll call Yeas-53 Nays-47 HJ-59
COMMITTEE REPORT
March 11, 1998
H. 4646
Introduced by Rep. Harrison
S. Printed 3/11/98--H.
Read the first time February 18, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4646), to amend the Code of Laws
of South Carolina, 1976, by adding Section 7-15-455 so as to
authorize the State Election Commission to establish, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES H. HARRISON, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND
EXPENDITURES IS:
Minimal/Costs Can be Absorbed
The State Election Commission has indicated that there will be
programming and administrative costs of $21,000 associated with this bill,
however these costs will be minimal and can be absorbed.
Approved By:
Frank A. Rainwater
Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE
THE STATE ELECTION COMMISSION TO ESTABLISH, IN
COOPERATION WITH THE FEDERAL VOTING ASSISTANCE
PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF
PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS
CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN
ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE
THAT THE PILOT PROJECT TERMINATES DECEMBER 31,
2000, TO REQUIRE THE STATE ELECTION COMMISSION TO
REPORT THE RESULTS OF THE PILOT PROJECT AND
RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE
FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR
VOTING BY ELECTRONIC MEANS USING THE INTERNET,
AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER
31, 2000.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-15-455. (A) For purposes of this section:
(1) 'Armed forces personnel' means South Carolina residents
located outside of this State serving on active duty in the armed
services of the United States, in the Reserve or Guard components of
the United States armed services having been called to active military
duty, or as civilian personnel with the armed services of the United
States.
(2) 'Overseas citizen' is as defined in Section 7-15-310(9).
(B) The State Election Commission may establish, in cooperation
with the Federal Voting Assistance Program, a pilot project for the
purposes of permitting armed forces personnel and overseas citizens
to transmit their votes to the election authority over an electronic
medium using the internet. For purposes of this project, armed forces
personnel and overseas citizens are entitled to cast and have counted
votes for only those candidates and questions for which they would
be eligible to cast an absentee ballot. As is practicable, votes must be
cast and counted in conformity with the provision of Title 7. The
State Election Commission shall rely upon procedures established by
the United States Department of Defense for security, secrecy, and
validation of votes, and are not subject to civil liability or criminal
penalty for following these procedures. This section may not be
construed to create any grounds for recount or election contest not
otherwise provided for in this chapter."
SECTION 2. The State Election Commission shall report the
results of the Pilot Project authorized in Section 7-15-455 of the 1976
Code added by Section 1 of this act and recommend to the General
Assembly possible future applications which may be utilized for
voting by electronic means using the internet.
SECTION 3. Section 7-15-455 is repealed December 31, 2000.
SECTION 4. This act takes effect upon approval by the Governor.
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