S 0029 General Bill, By Campsen

Similar(S 69)
 A BILL TO AMEND SECTION 7-13-710 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, TO
 PROVIDE THAT A PERSON WITH A REASONABLE IMPEDIMENT SHALL SUBMIT A WRITTEN
 STATEMENT WITH THE PROVISIONAL BALLOT.

   12/13/12  Senate Prefiled
   12/13/12  Senate Referred to Committee on Judiciary
   01/02/13  Senate Referred to Subcommittee: Campsen (ch), Sheheen,
                     Scott, Thurmond, Shealy
   01/08/13  Senate Introduced and read first time (Senate Journal-page 40)
   01/08/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 40)

TO AMEND SECTION 7-13-710 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, TO PROVIDE THAT A PERSON WITH A REASONABLE IMPEDIMENT SHALL SUBMIT A WRITTEN STATEMENT WITH THE PROVISIONAL BALLOT.

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

SECTION    1.    Section 7-13-710 of the 1976 Code is amended to read:

Section 7-13-710.    (A)    When a person presents himself to vote, he shall produce a valid and current:

(1)    South Carolina driver's license; or

(2)    other form of identification containing a photograph issued by the Department of Motor Vehicles; or

(3)    passport; or

(4)    military identification containing a photograph issued by the federal government; or

(5)    South Carolina voter registration card containing a photograph of the voter pursuant to Section 7-5-675.

(B)    After presentation of the required identification described in subsection (A), the elector's name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. One of the managers also shall compare the photograph contained on the required identification with the person presenting himself to vote. The manager shall verify that the photograph is that of the person seeking to vote. The managers shall keep a poll list which must contain one column headed "Names of Voters". Before a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page, the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(C)(1)    If the elector cannot produce the identification as required in subsection (A), he may cast a provisional ballot that is counted only if the elector brings a valid and current photograph identification to the county board of registration and elections before certification of the election by the county board of canvassers.

(2)    If the manager disputes that the photograph contained on the required identification is the person presenting himself to vote, the elector may cast a provisional ballot. A determination of that provisional ballot must be made in accordance with Section 7-13-830.

(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, which must be signed by the elector, 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, which must be signed by the elector, 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.

(3)    If the county board of registration and elections determines that the voter has been challenged for a cause other than the inability to provide proof of identification as required by subsection (A), the county board of registration and elections shall:

(a)    note on the envelope containing the provisional ballot that the voter complied with the proof of identification requirement; and

(b)    proceed to determine the validity of the remaining challenges before ruling on the validity of the provisional ballot.

(E)    The purpose of the identification required pursuant to subsection (A) is to confirm the person presenting himself to vote is the elector on the poll list. Any address listed on the identification is not determinative of an elector's domicile for the purpose of voting. An elector's domicile for the purpose of voting is determined pursuant to the provisions of Section 7-1-25.

SECTION    2.    This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first.