H*3414(Rat #0309, Act #0284 of 2006)  General Bill, By Talley
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 7-17-275 SO AS TO PROVIDE A PROCEDURE FOR A PARTY OPPOSING AN ELECTION PROTEST
 THAT PREVAILS AT THE STATE BOARD; BY ADDING SECTION 7-25-220 SO AS TO PROVIDE
 THAT A POLL WORKER IS IMMUNE FROM CERTAIN ACTIONS WHILE CONDUCTING AN
 ELECTION; TO AMEND SECTION 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT
 BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN
 THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS
 AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION
 DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION
 MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED; AND TO AMEND
 SECTION 7-17-260, AS AMENDED, RELATING TO CASES DECIDED BY THE STATE BOARD, SO
 AS TO PROVIDE THAT A PROTEST OR CONTESTED CASE HEARD BY THE STATE BOARD MUST
 BE CONSIDERED AN ADMINISTRATIVE ACTION. - ratified title

   02/01/05  House  Introduced and read first time HJ-12
   02/01/05  House  Referred to Committee on Judiciary HJ-12
   01/26/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   01/27/06         Scrivener's error corrected
   01/31/06  House  Amended HJ-20
   01/31/06  House  Read second time HJ-21
   02/01/06  House  Read third time and sent to Senate HJ-27
   02/01/06  Senate Introduced and read first time
   02/01/06  Senate Referred to Committee on Judiciary
   02/03/06  Senate Referred to Subcommittee: Martin (ch), Malloy,
                     Campsen, Williams
   03/29/06  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   04/04/06  Senate Amended SJ-52
   04/04/06  Senate Read second time SJ-52
   04/05/06  Senate Amended SJ-26
   04/05/06  Senate Read third time and returned to House with
                     amendments SJ-26
   04/06/06         Scrivener's error corrected
   04/20/06  House  Debate adjourned until Tuesday, April 25, 2006 HJ-66
   04/25/06  House  Debate adjourned until Wednesday, May 3, 2006 HJ-144
   05/03/06  House  Concurred in Senate amendment and enrolled HJ-30
   05/18/06         Ratified R 309
   05/19/06         Signed By Governor
   05/24/06         Copies available
   05/24/06         Effective date See Act for Effective Date
   06/08/06         Act No. 284

(A284, R309, H3414)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-275 SO AS TO PROVIDE A PROCEDURE FOR A PARTY OPPOSING AN ELECTION PROTEST THAT PREVAILS AT THE STATE BOARD; BY ADDING SECTION 7-25-220 SO AS TO PROVIDE THAT A POLL WORKER IS IMMUNE FROM CERTAIN ACTIONS WHILE CONDUCTING AN ELECTION; TO AMEND SECTION 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED; AND TO AMEND SECTION 7-17-260, AS AMENDED, RELATING TO CASES DECIDED BY THE STATE BOARD, SO AS TO PROVIDE THAT A PROTEST OR CONTESTED CASE HEARD BY THE STATE BOARD MUST BE CONSIDERED AN ADMINISTRATIVE ACTION.

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

Party may petition Supreme Court

SECTION    1.    Chapter 17, Title 7 of the 1976 Code is amended by adding:

"Section 7-17-275.    (A)    A party opposing an election protest that prevails at the hearing before the board may petition the circuit court for reasonable costs and attorney's fees associated with the defense of the protest if the protestant does not appeal the board's decision to the Supreme Court. The board may also petition the circuit court for reasonable costs and expenses associated with hearing the protest. For appeals filed pursuant to Section 7-17-70, the petition must be filed and heard in the county where the protest was originally filed. For protests filed pursuant to Section 7-17-260, involving officers elected on a statewide basis, the petition must be filed and heard in Richland County. For all other protests filed pursuant to Section 7-17-260, the petition may be filed in any county where voting precincts comprising the election district for the office under protest are located. In order to award costs and attorney's fees pursuant to this section, the court must find that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature.

(B)    Upon appeal from a decision of the board, the Supreme Court may award costs and attorney's fees associated with the appeal to the party prevailing on appeal when the Supreme Court finds that there were no reasonable grounds to appeal the decision of the board. In cases where the prevailing party is the party opposing the protest, the Supreme Court may award costs and attorney's fees associated with the entire defense of the protest if it finds that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature."

Immunity

SECTION    2.    Chapter 25, Title 7 of the 1976 Code is amended by adding:

"Section 7-25-220.    A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness."

Absentee ballot, times for examining the return receipt envelopes for absentee ballots

SECTION    3.    Section 7-15-420 of the 1976 Code, as last amended by Act 227 of 1996, is further amended to read:

"Section 7-15-420.    The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed."

State board, protest or contested case heard must be considered administrative action

SECTION    4.    Section 7-17-260 of the 1976 Code, as last amended by Act 91 of 1993, is further amended to read:

"Section 7-17-260.    The state board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the state board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice.

Ratified the 18th day of May, 2006.

Approved the 19th day of May, 2006.