H 3036 Session 112 (1997-1998)
H 3036 General Bill, By J.L.M. Cromer, Bailey, Cotty, Inabinett and Lloyd
Similar(H 3017)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
7-15-315 SO AS TO PROVIDE A PROCEDURE FOR EARLY VOTING; AND TO AMEND SECTION
7-15-320, AS AMENDED, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE
BALLOT, SO AS TO ADD PERSONS WHO DESIRE TO VOTE EARLY BY PERSONAL APPEARANCE
IN STATEWIDE ELECTIONS AND THEIR NOMINATING PRIMARIES.
12/11/96 House Prefiled
12/11/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-25
01/14/97 House Referred to Committee on Judiciary HJ-26
03/18/97 House Tabled in committee Judiciary
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 7-15-315 SO AS TO PROVIDE A
PROCEDURE FOR EARLY VOTING; AND TO AMEND
SECTION 7-15-320, AS AMENDED, RELATING TO THE
PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO
AS TO ADD PERSONS WHO DESIRE TO VOTE EARLY BY
PERSONAL APPEARANCE IN STATEWIDE ELECTIONS AND
THEIR NOMINATING PRIMARIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-15-315. (A) Any qualified voter may vote early in
statewide general elections and in their nominating primaries by
personal appearance. To be entitled to vote early, a person must
make an application in person at the county board of registration, or
at an extension office of the board of registration as established by
the county governing body, at the time when the applicant desires to
vote. The office of the county board of registration and its extension
office, if applicable, are also the early voting precincts for the county.
No other early voting precinct may be allowed.
(B) An application must be in writing in the form prescribed by the
State Election Commission and signed and attested to by the
applicant. The applicant must produce the identification required by
Section 7-13-710. The application must include the person's name
and address at which he is registered to vote.
(C) The period for early voting by personal appearance begins on
the fourteenth day before election day and continues through 5:00
PM on the day immediately preceding the election day. For a runoff
election, the period begins on the seventh day before the election. If
the date prescribed for beginning the period is a Sunday or a legal
state holiday, the period begins on the next regular business day. If,
because of the date for which an election is ordered, it is not possible
to begin early voting by personal appearance on the prescribed date,
the early voting period shall begin on the earliest date practicable
after the prescribed date as set by the authority ordering the election.
(D) Early voting by personal appearance must be conducted on the
weekdays of the early voting period and during the hours that the
county board of registration is regularly open for business and on the
last two Saturdays before the statewide election day or their
nominating primaries between the hours of 9:00 AM through 5:00
PM. The clerk of the county board of registration shall follow the
procedure for accepting an absentee ballot under this chapter with the
modifications necessary for the conduct of early voting.
(E) Notice of the time and place for early voting must be published
in a newspaper of general circulation in the county as part of the
public notice required in Section 7-13-35.
(F) The State Election Commission shall promulgate regulations
for the conduct of early voting."
SECTION 2. Section 7-15-320 of the 1976 Code, as last amended
by Act 434 of 1996, is further amended to read:
"Section 7-15-320. A qualified elector in any of the following
categories must be permitted to vote by absentee ballot in all
elections when he is absent from his county of residence on election
day during the hours the polls are open, to an extent that it prevents
him from voting in person except that physically disabled persons,
certified poll watchers, poll managers, county voter registration board
members and staff, and county election commission members and
staff working on election day, a person admitted to a hospital as an
emergency patient on the day of an election or within a four-day
period before an election, and persons whose employment obligations
required that they be at their place of employment during the hours
that the polls are open and present written certification of that
obligation, signed by their employer, to the county registration board,
and persons confined to a jail or pre-trial facility pending
disposition of arrest or trial, and persons who desire to
vote early by personal appearance in statewide general elections and
their nominating primaries pursuant to the provisions of Section
7-15-315 may vote by absentee ballot whether or not absent
from their county of residence:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the
United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the
United Service Organizations (USO) who are attached to and serving
with the Armed Forces of the United States, their spouses, and
dependents residing with them;
(4) persons in employment;
(5) physically disabled persons;
(6) governmental employees, their spouses, and dependents
residing with them;
(7) electors with a death or funeral in the family within a three-day
period before the election;
(8) persons on vacation (who by virtue of vacation plans will be
absent from their county of residence on election day);
(9) certified poll watchers, poll managers, county voter
registration board members and staff, and county election
commission members and staff working on election day;
(10) overseas citizens;
(11) persons attending sick or physically disabled persons;
(12) persons admitted to hospitals as emergency patients on the day
of an election or within a four-day period before the election;
(13) persons who will be serving as jurors in a state or federal court
on election day;
(14) persons sixty-five years of age or older;
(15) persons confined to a jail or pre-trial facility pending
disposition of arrest or trial;
(16) persons desiring to vote early by personal
appearance in statewide general elections and their nominating
primaries pursuant to the provisions of Section 7-15-315."
SECTION 3. This act is effective upon the signature of the
Governor for all elections occurring after that date.
-----XX----- |