S 0037  General Bill, By Malloy
 A BILL TO AMEND SECTION 7-13-710 OF THE 1976 CODE, RELATING TO A PRESENTATION
 OF IDENTIFICATION WHEN AN ELECTOR PRESENTS HIMSELF TO VOTE, TO PROVIDE THAT
 ELECTORS WHO FAIL TO PRODUCE A VALID AND CURRENT PHOTOGRAPH IDENTIFICATION MAY
 COMPLETE A WRITTEN STATEMENT AT THE POLLING PLACE AND AFFIRM THAT THE ELECTOR
 MEETS CERTAIN QUALIFICATIONS; TO PROVIDE THAT, UPON COMPLETION OF THE WRITTEN
 STATEMENT, THE STATEMENT AND THE ELECTOR'S PROVISIONAL BALLOT MUST BE FILED
 WITH THE COUNTY BOARD OF REGISTRATION AND ELECTIONS; AND TO PROVIDE THAT, IF
 THE COUNTY BOARD OF REGISTRATION AND ELECTIONS DETERMINES THE VOTER WAS
 CHALLENGED ONLY FOR THE INABILITY TO PROVIDE PROOF OF IDENTIFICATION AND THE
 REQUIRED STATEMENT IS SUBMITTED, THE COUNTY BOARD OF REGISTRATION AND
 ELECTIONS SHALL FIND THAT THE PROVISIONAL BALLOT IS VALID UNLESS THE BOARD HAS
 GROUNDS TO BELIEVE THE STATEMENT IS FALSE.
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   12/12/18  Senate Prefiled
   12/12/18  Senate Referred to Committee on Judiciary
   01/08/19  Senate Introduced and read first time (Senate Journal-page 55)
   01/08/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 55)

TO AMEND SECTION 7-13-710 OF THE 1976 CODE, RELATING TO A PRESENTATION OF IDENTIFICATION WHEN AN ELECTOR PRESENTS HIMSELF TO VOTE, TO PROVIDE THAT ELECTORS WHO FAIL TO PRODUCE A VALID AND CURRENT PHOTOGRAPH IDENTIFICATION MAY COMPLETE A WRITTEN STATEMENT AT THE POLLING PLACE AND AFFIRM THAT THE ELECTOR MEETS CERTAIN QUALIFICATIONS; TO PROVIDE THAT, UPON COMPLETION OF THE WRITTEN STATEMENT, THE STATEMENT AND THE ELECTOR'S PROVISIONAL BALLOT MUST BE FILED WITH THE COUNTY BOARD OF REGISTRATION AND ELECTIONS; AND TO PROVIDE THAT, IF THE COUNTY BOARD OF REGISTRATION AND ELECTIONS DETERMINES THE VOTER WAS CHALLENGED ONLY FOR THE INABILITY TO PROVIDE PROOF OF IDENTIFICATION AND THE REQUIRED STATEMENT IS SUBMITTED, THE COUNTY BOARD OF REGISTRATION AND ELECTIONS SHALL FIND THAT THE PROVISIONAL BALLOT IS VALID UNLESS THE BOARD HAS GROUNDS TO BELIEVE THE STATEMENT IS FALSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 7-13-710(D)(1) and (2) of the 1976 Code is amended to read:

"(D)(1)(a)    If an elector does not produce a valid and current photograph identification due to a religious objection to being photographed, he may complete an affidavit a written statement under penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day; and (iii) has a religious objection to being photographed. Upon completion of the affidavit written statement, the elector may cast a provisional ballot. The affidavit written statement must be submitted with the provisional ballot envelope and be filed with the county board of registration and elections before certification of the election by the county board of canvassers.

(b)    If an elector does not produce a valid and current photograph identification because the elector suffers from a reasonable impediment that prevents the elector from obtaining photograph identification, he may complete an affidavit a written statement under the penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day; and (iii) the elector suffers from a reasonable impediment that prevents him from obtaining photograph identification. The elector also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit written statement, the elector may cast a provisional ballot. The affidavit written statement must be submitted with the provisional ballot envelope and be filed with the county board of registration and elections before certification of the election by the county board of canvassers.

(2)    If the county board of registration and elections determines that the voter was challenged only for the inability to provide proof of identification and the required affidavit written statement is submitted, the county board of registration and elections shall find that the provisional ballot is valid unless the board has grounds to believe the affidavit written statement is false."

SECTION    2.    This act takes effect upon approval by the Governor.