S*1160 Session 111 (1995-1996)
S*1160(Rat #0458, Act #0434 of 1996) General Bill, By Holland
A Bill to amend Section 7-3-40, Code of Laws of South Carolina, 1976, relating
to reports to be furnished by the Bureau of Vital Statistics, so as to require
that the Bureau must furnish the Executive Director of the the State Election
Commission with a monthly report of persons eighteen years of age or older who
have died instead of persons who are twenty-one years of age or older; to
amend Section 7-5-430, relating to registration books for general and special
elections, so as to provide that a county board of registration must furnish
the county election commissioners with one registration book for each polling
precinct.-short title
02/21/96 Senate Introduced and read first time SJ-5
02/21/96 Senate Referred to Committee on Judiciary SJ-5
03/20/96 Senate Committee report: Favorable Judiciary SJ-14
03/21/96 Senate Read second time SJ-35
03/26/96 Senate Read third time and sent to House SJ-36
03/27/96 House Introduced and read first time HJ-29
03/27/96 House Referred to Committee on Judiciary HJ-32
05/15/96 House Committee report: Favorable Judiciary HJ-7
05/21/96 House Objection by Rep. Simrill, Young-Brickell, R.
Smith, Meacham, Inabinett, Kelley, McMahand,
Harrell, Sandifer, Walker, Cave, Wofford &
Witherspoon HJ-72
05/21/96 House Objection withdrawn by Rep. R. Smith, Kelley,
Sandifer, Harrell, Meacham, Walker, Witherspoon,
Simrill, McMahand & Young-Brickell HJ-135
05/22/96 House Read second time HJ-74
05/22/96 House Objection withdrawn by Rep. Inabinett & Cave HJ-78
05/23/96 House Read third time and enrolled HJ-18
05/31/96 Ratified R 458
06/04/96 Signed By Governor
06/04/96 Effective date 06/04/96
07/03/96 Copies available
07/03/96 Act No. 434
(A434, R458, S1160)
AN ACT TO AMEND SECTION 7-3-40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE
FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO
REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE
DIRECTOR OF THE STATE ELECTION COMMISSION WITH A
MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR
OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE
TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION
7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL
AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A
COUNTY BOARD OF REGISTRATION MUST FURNISH THE
COUNTY ELECTION COMMISSIONERS WITH ONE
REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO
AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF
REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT
THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE
CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50,
RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO
PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY
CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND
SECTION 7-13-35, RELATING TO NOTICE OF GENERAL,
SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT
NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS,
AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE
WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO
AMEND SECTION 7-13-45, RELATING TO FILING
REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE
COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE
OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY
FILE A STATEMENT OF INTENTION OF CANDIDACY; TO
AMEND SECTION 7-13-80, AS AMENDED, RELATING TO THE
ORGANIZATION OF THE BOARD OF COMMISSIONERS,
MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE
COUNTY ELECTION COMMISSION MUST APPOINT THE
CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND
SECTION 7-13-380, RELATING TO THE REPRINTING OF
BALLOTS TO DELETE THE NAME OF A DECEASED OR
WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK
LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN
CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR
APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO
THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO
AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION
7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME
IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE
THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO
AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE
PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO
PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER
THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND
SECTION 7-13-860, AS AMENDED, RELATING TO POLL
WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER
MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF
WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A
POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO
FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND
LETTERING ON BADGES OF POLL WATCHERS MUST MEET
CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700,
RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN
THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE
LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE
PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO
DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A
MACHINE TO BE METAL; TO AMEND SECTION 7-15-10,
RELATING TO THE DUTIES OF THE STATE ELECTION
COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING
CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD;
TO AMEND SECTION 7-15-110, AS AMENDED, RELATING TO
PERSONS QUALIFIED TO REGISTER TO VOTE BY THE
ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO
ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN
PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR
FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120,
AS AMENDED, RELATING TO REGISTRATION FORMS, SO AS TO
DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING
TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING
PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION
APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND
SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS
QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO
INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE
PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO
AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE
FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO
DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING
TO THE FURNISHING OF ABSENTEE BALLOTS AND
ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER
REGISTRATION TO PROVIDE A BLANK BALLOT TO AN
ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO
ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION
7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS
FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS
TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN
ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO
ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION
7-15-370, AS AMENDED, RELATING TO THE FURNISHING OF
ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A
COUNTY BOARD OF VOTER REGISTRATION TO PROVIDE A
BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN
ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE
AVAILABLE; TO AMEND SECTION 7-17-30, AS AMENDED,
RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY
THAT THE COUNTY BOARDS MUST DECIDE ALL CASES
UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND
MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410
RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES;
7-11-430 RELATING TO AMOUNTS AND PRORATION OF
ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE
OF REPRESENTATIVES; 7-15-130 RELATING TO THE METHOD
OF OBTAINING A REGISTRATION FORM; 7-15-140 RELATING TO
COMPLETION AND RETURN OF A REGISTRATION FORM;
7-15-150 RELATING TO ENTRIES INTO REGISTRATION BOOKS;
7-15-160 RELATING TO THE VALIDITY AND EFFECT OF
REGISTRATION; 7-15-170 RELATING TO PRESERVATION AND
DESTRUCTION OF RECORD BOOKS AND REGISTRATION
FORMS; 7-15-180 RELATING TO VERIFICATION OF
REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT;
7-15-190 RELATING TO THE FURNISHING OF NAMES OF
REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS;
7-15-240 RELATING TO ABSENTEE BALLOTS IN PRIMARY AND
SPECIAL ELECTIONS; 7-15-250 RELATING TO DUTIES OF
COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS;
AND 7-15-350 RELATING TO VERIFICATION OF
REGISTRATION.
Be it enacted by the General Assembly of the State of South
Carolina:
Monthly report
SECTION 1. Section 7-3-40 of the 1976 Code is amended to read:
"Section 7-3-40. The Bureau of Vital Statistics must furnish the
executive director a monthly report of all persons eighteen years of age
or older who have died in the State since making the previous report.
All reports must contain the name of the deceased, county of residence,
his social security or other identification number, and his date and place
of birth. The bureau must provide that this information be furnished to it
by each county."
Registration book to be furnished
SECTION 2. Section 7-5-430 of the 1976 Code is amended to read:
"Section 7-5-430. Immediately preceding each general election
or any special election, the board of registration must furnish to the
commissioners of election for their county one registration book for each
polling precinct in their county containing the names of all electors
entitled to vote at each precinct."
Registration book to be prepared
SECTION 3. Section 7-5-670 of the 1976 Code is amended to read:
"Section 7-5-670. The books of registration must be prepared
and turned over to the managers of each voting place within the ward or
precinct for use in conducting all municipal elections, but immediately
following a municipal election the books must be turned over to the
county board of registration."
Special meetings of club
SECTION 4. Section 7-9-50 of the 1976 Code is amended to read:
"Section 7-9-50. The president or five members may call all
special meetings of the club, except for reorganization, provided for in
the succeeding paragraph. At least forty-eight hours' public notice of all
special meetings must be given in a newspaper of general circulation in
the area where the club is situated.
The clubs must meet for reorganization at the usual place of meeting,
at the time and on the day as determined by the county committee no
later than two weeks prior to the county convention. A notice must be
published by the county committee once a week for two consecutive
weeks not more than three weeks nor less than two weeks before the
meeting date in a newspaper having general circulation in the county. If
an existing club fails to reorganize on the day fixed, the county chairman
may fix a day for the club to meet for reorganization by giving two
weeks' notice."
Authority must publish
SECTION 5. Section 7-13-35 of the 1976 Code is amended to read:
"Section 7-13-35. The authority charged by law with conducting
an election must publish two notices of general, municipal, special, and
primary elections held in the county in a newspaper of general circulation
in the county or municipality, as appropriate. Included in each notice
must be a reminder of the last day persons may register to be eligible to
vote in the election for which notice is given, notification of the date,
time, and location of the hearing on ballots challenged in the election, a
list of the precincts involved in the election, the location of the polling
places in each of the precincts, and notification that the process of
examining the return-addressed envelopes containing absentee ballots
may begin at 2:00 p.m. on election day at a place designated in the
notice by the authority charged with conducting the election. The first
notice must appear not later than sixty days before the election and the
second notice must appear not later than two weeks after the first
notice."
Responsibilities of county chairman
SECTION 6. Section 7-13-45 of the 1976 Code is amended to read:
"Section 7-13-45. In every general election year, the county
chairman shall:
(1) designate a specified place other than a private residence where
persons may file a statement of intention of candidacy;
(2) designate a specified place other than a private residence where
persons may file as candidates;
(3) establish regular hours of not less than four hours a day during
the final seventy-two hours of the filing period in which he or some
person he designates must be present at the designated place to accept
filings;
(4) place an advertisement to appear two weeks before the filing
period begins in a newspaper of general circulation in the county at least
five by seven inches in size that notifies the public of the dates of the
filing periods, the offices which may be filed for, the place and street
address where filings may be made, and the hours that an authorized
person will be present to receive filings."
Organization of board
SECTION 7. Section 7-13-80 of the 1976 Code, as last amended by Act
357 of 1990, is further amended to read:
"Section 7-13-80. The commissioners, managers, and clerks at
their first meeting, respectively, must proceed to organize as a board.
The county election commission must appoint the chairman of the board
of managers. The chairman, in each instance, may administer
oaths."
Ballots
SECTION 8. Section 7-13-380 of the 1976 Code is amended to read:
"Section 7-13-380. After the official ballots have been printed
by the proper officer, commissioners, or other authority, the death or
withdrawal of a candidate whose name is printed on the official ballot
does not require the officer, commissioners, or other authority to reprint
the official ballots, but the officer, commissioners, or other authority
having jurisdiction over the printing and distribution of the ballots
concerned may (1) cause the ballots to be reprinted and be substituted in
all respects for the first printed ballots if this substitution is considered
feasible and advisable or (2) affix a blank label to cover the name of the
deceased or withdrawn candidate on voting systems where possible or
appropriate."
Voting booths
SECTION 9. Section 7-13-740 of the 1976 Code is amended to read:
"Section 7-13-740. There must be provided at each polling
precinct at least one booth. At least one booth must be provided for each
two hundred and fifty registered electors or a major fraction thereof of
the precinct. The booths must be made of wood, sheet metal, or other
suitable substance; must not be less than thirty-two inches wide,
thirty-two inches deep, and six feet six inches high; must have a curtain
hanging from the top in front to within three feet of the floor; and must
have a suitable shelf on which the voter can prepare his ballot. In
primary, general, and special elections, the booths must be provided by
the commissioners of election or other electoral board. Only one voter
shall be allowed to enter a booth at a time, and no one except as
provided herein is allowed to speak to a voter while in the booth
preparing his ballot."
Provisional voting
SECTION 10. The second paragraph of Section 7-13-820 of the 1976
Code is amended to read:
"If the name cannot be verified by the registration board, or if a
phone is not available, the poll manager or his designee may permit the
person to vote after following the procedures set forth in Section
7-13-830, and the vote must be processed as a provisional vote. The poll
manager must be listed as the challenger."
Provisional voting
SECTION 11. Section 7-13-830 of the 1976 Code, as last amended by
Act 253 of 1992 is further amended to read:
"Section 7-13-830. When any person is so challenged, the
manager must explain to him the qualifications of an elector and may
examine his as to the same. If the person insists that he is qualified and
the challenge is not withdrawn, his provisional vote must be received and
placed in an envelope on which must be written the name of the voter
and that of the challenger. The provisional votes must be kept separate
and apart and not counted but turned over to the commissioners of
election or other authority having supervision of the election. At the
meeting specified in either Section 7-17-10 or 7-17-510, whichever is
applicable, this authority must hear all objections to these votes, and
when no person appears or offers evidence before the meeting to sustain
an objection made at the polls, the ballot is no longer a provisional
ballot. When the challenger appears or produces witnesses or evidence in
support of the challenge, the authority in charge must proceed to hear
and determine the question. Its decision is final. Each provisional ballot
which is no longer challenged and each ballot whose challenge was
decided in favor of the voter must be removed from the envelope,
mingled, and counted and the totals added to the previously counted
regular ballot total of all precincts without attribution to a particular
precinct. If the voting at the voting place is being done upon a voting
machine, the managers must provide a paper ballot which must be placed
in an envelope and treated as provided in this section.
Where, pursuant to Section 7-13-820, a person's name could not be
verified by the registration board or where a telephone was not available
and the person was allowed to vote a provisional ballot, the Board of
Voter Registration, before the meeting, must certify to the authority in
charge whether or not the voter is a qualified elector of the precinct in
which he voted his provisional ballot. If the board certifies the person
challenged is not a qualified elector of the precinct, this certification is
considered an administrative challenge and is clear and convincing
evidence for the meeting authority to disallow the ballot. Nothing in this
section prohibits the county election commission from continuing any
challenge administratively as long as it has evidence to sustain the
challenge."
Appointment of watcher
SECTION 12. Section 7-13-860 of the 1976 Code, as last amended by
Act 252 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a
primary and each nonpartisan candidate, including announced write-in
candidates in a general or special election, may appoint a watcher for any
voting place where his name appears on the ballot. However, in any
general or special election, all candidates who are certified by a political
party must be jointly represented at each polling place by not more than
two watchers from the party for each one thousand registered voters or
fraction thereof registered at the polling place. Each watcher appointed
hereunder must be a qualified voter in the county where he is to watch,
and must be certified, in writing, to the managers of the voting precinct
to which assigned. This certification must be signed by the primary or
nonpartisan candidate or, in the case of watchers jointly representing all
candidates of a political party, by an appropriate party official. Watchers
must, at all times, wear visible identification specifying the candidate or
party, as appropriate, which they represent. The identification badge of a
poll watcher may not exceed four and one-fourth inches by four and
one-fourth inches with individual letters on the badge not exceeding
one-quarter inch in height or width. Badges may not be a color that has
a fluorescent quality. After qualification, watchers must be placed in an
area designated by the poll managers where the watchers can observe the
entire election process at that polling place. No watcher may conduct
himself in a manner that will interfere in the orderly conduct of the
election or influence any voter in the casting of his ballot."
Instructions of use of voting machines
SECTION 13. Section 7-13-1700 of the 1976 Code is amended to
read:
"Section 7-13-1700. Not more than thirty days before each
primary or general election, the commissioners of election or other
electoral board must instruct the managers and clerks appointed to serve
in the election in the use of the machine and their duties in connection
therewith; and the commissioners shall not permit a person to serve as a
manager or clerk, if there are clerks, who is not fully qualified to conduct
an election with the machine. However, nothing in this section may be
construed to prevent the appointment of a person as a manager or clerk
of election to fill a vacancy in an emergency."
Notice
SECTION 14. Section 7-13-1750 of the 1976 Code is amended to
read:
"Section 7-13-1750. Before preparing a voting machine for an
election at which candidates for more than one political party or
candidates nominated by petition are to be voted for, written notice must
be mailed to the chairman of the local committee of each of the two
political parties which at the general election next preceding cast the
highest and next highest number of votes, stating the time and place
where the machines will be prepared. At this time, one representative of
each of these political parties must be afforded an opportunity to see that
the machines are in proper condition for use at the election. When a
machine has been examined by these representatives, it must be sealed
with a numbered seal in their presence. The representatives must certify
as to the numbers of the machines, that all counters are set at zero (000),
as to the number registered on the protective counter, and the number on
the seal. When a voting machine has been properly prepared for an
election, it must be locked against voting, sealed, and the keys to the
machine retained in the custody of the commissioners of election or other
electoral board and delivered to the managers of election as provided in
this chapter."
Responsibilities of State Election Commission
SECTION 15. Section 7-15-10 of the 1976 Code is amended to
read:
"Section 7-15-10. The State Election Commission is responsible
for carrying out the provisions of Article 3 and Article 5 of this chapter.
The commission may promulgate regulations, and must have drafted,
printed, and distributed all forms that are required to make it possible for
persons listed in Section 7-15-320 to vote by absentee ballot in primary,
general, and special elections. Regulations promulgated pursuant to this
section must be promulgated in accordance with the Administrative
Procedures Act."
Standard Form 76; persons qualified to vote
SECTION 16. Section 7-15-110 of the 1976 Code, as last amended by
Act 422 of 1988, is further amended to read:
"Section 7-15-110. The following persons are qualified to
register to vote using the Standard Form 76, or any subsequent form
replacing it, provided by the federal government:
(1) members of the Armed Forces of the United States;
(2) members of the Merchant Marines of the United States;
(3) a person serving with the American Red Cross or the United
Service Organizations (USO) attached to and serving with the Armed
Forces of the United States outside of the county of his residence in
South Carolina;
(4) members or employees of any department of the United States
Government serving overseas;
(5) a citizen of the United States residing outside the United
States:
(a) if he last resided in South Carolina immediately before his
departure from the United States;
(b) if he could have met all qualifications to vote in federal elections
in South Carolina even though while residing outside the United States
he does not have a place of abode or other address in South Carolina;
even if his intent to return to South Carolina may be uncertain, as long as
he has complied with all applicable South Carolina qualifications and
requirements which are consistent with the Uniformed And Overseas
Absentee Voting Act (Public Law 99-410)."
Person who may register
SECTION 17. Section 7-15-120 of the 1976 Code, as last amended by
Act 365 of 1994, is further amended to read:
"Section 7-15-120. Persons listed in Section 7-15-110, their
spouses, and dependents residing with them, may register by using either
federal Standard Form 76, or any subsequent form replacing it issued by
the federal government. In order to be registered, either form must reach
the county board of registration not later than thirty days before the
election."
Municipal primaries
SECTION 18. Section 7-15-260 of the 1976 Code is amended to
read:
"Section 7-15-260. Any political party conducting a municipal
primary in this State is responsible for carrying out the provisions of this
article by making ballots and election material available so that the
persons named in Section 7-15-320 may be enabled to vote in these
primary elections subject to the rules and regulations of the political
party. All expenses incurred by any political party in conducting
elections subject to the provisions of this article must be borne by the
political party."
Absentee ballots; persons qualified to vote
SECTION 19. Section 7-15-320 of the 1976 Code, as last amended by
Act 80 of 1995, 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 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, 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."
Application
SECTION 20. Section 7-15-340 of the 1976 Code, as last amended by
Act 80 of 1995, is further amended to read:
"Section 7-15-340. The application required in Section 7-15-330
to be submitted to these election officials must be in a form prescribed
and distributed by the State Election Commission; except that persons
listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form
76, or any subsequent form replacing it, provided by the federal
government as a simultaneous request for registration and an absentee
ballot or a request for an absentee ballot if already registered.
The application must contain the following information: name,
registration certificate number, address, absentee address, social security
number, election of ballot request, election date, runoff preference, party
preference, reason for request, oath of voter, and voter's signature.
The oath must be as follows: `I do swear or affirm that I am a
qualified elector, that I am entitled to vote in this election, and that I will
not vote again during this election. The information above is true in all
respects, and I hereby apply for an absentee ballot for the reason
indicated above'. Any person who fraudulently applies for an absentee
ballot in violation of this section, upon conviction, must be punished in
accordance with Section 7-25-20."
Ballots and envelopes to be furnished
SECTION 21. Section 7-15-360 of the 1976 Code is amended to
read:
"Section 7-15-360. The board of registration of each county
must be furnished by the commissioners of election of the county or the
county committee for each political party holding a primary, a sufficient
number of ballots and envelopes not to exceed fifteen percent of the
number of registered voters in that county to enable the board of
registration to deliver these materials to qualified electors who desire to
vote by absentee ballot. If an absentee ballot is not available at the time
the voter requests it, the board of registration must provide a blank ballot
to allow the voter to write in his: (1) selections of candidates; (2)
selection of party, if he wishes to vote a straight party ticket; and (3)
support or opposition of any ballot measure."
Ballot and envelope to be furnished
SECTION 22. Section 7-15-365 of the 1976 Code is amended to
read:
"Section 7-15-365. The board of registration of each county
must be furnished by the municipal election commission of each
municipality holding an election or the executive committee of a
municipal party holding a primary, a sufficient number of ballots,
envelopes, and instructions to the absentee voter not to exceed fifteen
percent of the number of registered voters in the municipality and
sufficient postage to enable the board of registration to deliver materials
to qualified electors desiring to vote by absentee ballot. The envelope
required by item (4) of Section 7-15-370 must bear the return address of
the county board of registration. If an absentee ballot is not available at
the time the voter requests it, the board of registration must provide a
blank ballot to allow the voter to write in his: (1) selections of
candidates; (2) selection of party, if he wishes to vote a straight party
ticket; and (3) support or opposition of any ballot measure."
Absentee ballots
SECTION 23. Section 7-15-370 of the 1976 Code, as last amended by
Act 357 of 1990, is further amended to read:
"Section 7-15-370. Upon receipt of the ballots and envelopes,
the county registration board must, as soon as possible, furnish the
following items to each person qualified to receive an absentee ballot and
who has validly completed a written application for an absentee
ballot:
(1) one of each ballot to be used in the election;
(2) printed instructions as to the marking, folding, and return of each
ballot and as to the signing (and return) of the oath;
(3) an envelope marked `Ballot Herein' in which all completed ballots
are to be placed;
(4) a return-addressed envelope imprinted on the back with the oath
set forth in Section 7-15-385 to be used for the return of the unmarked
envelope (and enclosed ballots) to the board of registration;
(5) any additional oath, instructions, or information necessary to
enable the absentee ballot applicant to execute and return a ballot legally
acceptable by the officials charged with conducting the election.
The board of registration must record in the record book required by
Section 7-15-330 to be kept by the board the date these materials are
requested by written application and the date they are issued to the
qualified elector. Election materials which are mailed must be sent to the
voter's absentee mailing address.
If absentee ballots are not available at the time the voter requests one,
the board of registration must provide a blank ballot to allow the voter to
write in his: (1) selections of candidates; (2) selection of party, if he
wishes to vote straight party ticket; and (3) support or opposition of any
ballot measure."
County board to decide protests
SECTION 24. Section 7-17-30 of the 1976 Code is amended to
read:
"Section 7-17-30. The county boards shall decide all cases under
protest or contest that arise in their respective counties in the case of
county officers and less than county offices, except for primaries and
municipal elections. Any protest or contest must be filed in writing with
the chairman of the board, together with a copy for each candidate in the
race, by noon Wednesday following the day of the declaration by the
board of the result of the election. However, service upon the chairman
may be perfected by depositing with the county sheriff one copy of the
protest, together with a copy for each candidate in the race. The sheriff
must take immediate steps to deliver the copies to the chairman. The
protest must contain each ground concisely stated separately. The
chairman of the board must 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."
Repeal
SECTION 25. Sections 7-11-410, 7-11-430, 7-15-130, 7-15-140,
7-15-150, 7-15-160, 7-15-170, 7-15-180, 7-15-190, 7-15-240, 7-15-250,
and 7-15-350 of the 1976 Code are repealed.
Time effective
SECTION 26. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996. |