S 0069 General Bill, By Malloy

Similar(S 29)
 A BILL TO AMEND SECTION 7-13-710 OF THE 1976 CODE, RELATING TO 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 STATEMENT AT THE POLLING PLACE AND AFFIRM THAT THE ELECTOR MEETS
 CERTAIN QUALIFICATIONS, TO PROVIDE THAT UPON COMPLETION OF THE STATEMENT, THE
 STATEMENT AND THE ELECTOR'S PROVISIONAL BALLOT MUST BE FILED WITH THE COUNTY
 BOARD OF REGISTRATION AND ELECTIONS, AND TO PROVIDE THAT SHOULD THE COUNTY
 BOARD OF REGISTRATION AND ELECTIONS DETERMINE 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.

   12/13/12  Senate Prefiled
   12/13/12  Senate Referred to Committee on Judiciary
   01/08/13  Senate Introduced and read first time (Senate Journal-page 59)
   01/08/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 59)

TO AMEND SECTION 7-13-710 OF THE 1976 CODE, RELATING TO 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 STATEMENT AT THE POLLING PLACE AND AFFIRM THAT THE ELECTOR MEETS CERTAIN QUALIFICATIONS, TO PROVIDE THAT UPON COMPLETION OF THE STATEMENT, THE STATEMENT AND THE ELECTOR'S PROVISIONAL BALLOT MUST BE FILED WITH THE COUNTY BOARD OF REGISTRATION AND ELECTIONS, AND TO PROVIDE THAT SHOULD THE COUNTY BOARD OF REGISTRATION AND ELECTIONS DETERMINE 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 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 statement, the elector may cast a provisional ballot. The affidavit 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 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 statement, the elector may cast a provisional ballot. The affidavit 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 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 statement is false."

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