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H 3194

Session 111 (1995-1996)

H 3194 General Bill, By J.H. Hodges
 A Bill to amend Section 7-15-310, Code of Laws of South Carolina, 1976,
 relating to definitions used in connection with absentee voting, so as to
 delete the definitions "members of the Armed Forces of the United States",
 "members of the Merchant Marine of the United States", "students", and
 "physically disabled person" to amend Section 7-15-320, as amended, relating
 to qualifications for voting by absentee ballot, so as to delete the specific
 qualifications and provide that a person only need follow the provisions of
 Article 5, Chapter 15, Title 7 to qualify to vote by absentee ballot; to amend
 Section 7-15-330, as amended, relating to the time of application for an
 absentee ballot, so as to add a requirement that members of the Armed Forces
 and Merchant Marine of the United States, their spouses and dependents
 residing with them are permitted to use standard Form 76 or any subsequent
 form replacing it; to amend Section 7-15-340, as amended, relating to the form
 required for application for absentee ballot, so as to delete the specific
 qualifications required pursuant to the provisions of Section 7-15-320 which
 have been deleted by this Act, require identifying information on a form
 prescribed by the Executive Director and an oath stating that the applicant is
 qualified to vote and has not voted during the election for which the
 application for absentee ballot is sought; to amend Section 7-15-360, relating
 to the furnishing of ballots and envelopes to the Board of Registration of
 each county by the Commissioners of Election of county or the county committee
 for each political party, so as to delete reference to the county committee
 for each county; to amend Section 7-15-410, relating to the establishment of
 an absentee voting precinct, so as to delete references to the county
 committee for each political party being responsible for certain election
 functions; to amend Section 7-15-430, relating to the requirement that an
 absentee voter must be noted on the registration lists, so as to delete
 references to county committees; to amend Section 7-15-450, as amended,
 relating to the application of Article 7, Chapter 15, Title 7, so as to delete
 references to political parties and any other authorities holding a primary or
 conducting an election and that the Article applies to any authority
 conducting an election; and to repeal Sections 7-15-250, 7-15-260, and
 7-15-395 relating to the duties of, and expenses incurred by, county
 committees and political parties in conducting primary elections.

   01/10/95  House  Introduced and read first time HJ-75
   01/10/95  House  Referred to Committee on Judiciary HJ-76
   03/13/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   03/20/96  House  Objection by Rep. Simrill, Haskins, Robinson,
                     Loftis, Marchbanks, Trotter, Mason & Sandifer HJ-23
   03/20/96  House  Continued HJ-55
   03/20/96  House  Roll call Yeas-63  Nays-35 HJ-59

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

March 13, 1996

H. 3194

Introduced by REP. Hodges

S. Printed 3/13/96--H.

Read the first time January 10, 1995.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3194), to amend Section 7-15-310, Code of Laws of South Carolina, 1976, relating to definitions used in connection with absentee voting, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, SECTION 4, page 8, line 21, by inserting after /election/ / and a place to request an absentee runoff ballot, if necessary /.

When amended, SECTION 4 shall read:

/SECTION 4. Section 7-15-340 of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such the election officials must be in the following form; 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.

APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER REGISTRATION: ________ COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__.

(If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: [])

(If a ballot is requested for a primary election, print your political party preference in this space ________.)

I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________.

My full name is ________________.

Please Print

I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[] 1. Students, their spouses, and dependents residing with them. (The term `students' shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

[] 4. Employment. (The term `employment' means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[] 5. Physically disabled person. (The term `physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[] 7. Death in family, or attending funeral within a three-day period of election.

[] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day. (Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

[] 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 seventy-two years of age or older.

[] 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.

My home address in South Carolina as shown on my registration certificate is:

_____________________________________

My absentee mailing address (address to which absentee ballot should be mailed) is:

_____________________________________

Signature

_________________________________________

Social Security or Identification Number. on a form prescribed and provided by the executive director and shall contain the following information: name, social security number or identification number, residence address, absentee mailing address if different, telephone number of the applicant, voter registration number, precinct registered in. The form must provide a place to indicate political party preference if the ballot requested is for a primary election and a place to request an absentee runoff ballot, if necessary. Additionally, the applicant must take the following oath:

I hereby swear or affirm, UNDER PENALTY OF LAW, that I am qualified to vote in this election according to the Constitution of the State of South Carolina. I further swear or affirm that I have not voted during this election and that the above information supplied by me is true and correct in all aspects.

Signature

19 .

Date" /

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINE OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.

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

SECTION 1. Section 7-15-310 of the 1976 Code is amended to read:

"Section 7-15-310. As used in this article:

(1) the term `members of the Armed Forces of the United States' means members of the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, the United States Coast Guard, or any of their respective components;

(2) the term `Members of the Merchant Marine of the United States' means all officers and men engaged in maritime service on board ships;

(3) the term `students' means all persons residing outside of the counties of their respective residencies, enrolled in an institution of learning;

(4) the term `physically disabled person' means a person who, because of injury or illness, cannot be present in person at his voting place on Election Day; (5) the term `registration form' means Standard Form 76, or any subsequent form replacing it, authorized by the federal government or the state form described in Section 7-15-120;

(6) the term `persons in employment' means those persons who by virtue of their employment obligations are unable to vote in person;

(7)(2) the term `authorized representative' means a registered elector who, with the voter's permission, acts on behalf of a voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, nursing home, or place of residence, or a voter unable because of a physical handicap to go to his polling place or because of such handicap unable to vote at his polling place due to existing architectural barriers which deny him physical access to the polling place, voting booth, or voting apparatus or machinery. Under no circumstance shall a candidate or a member of a candidate's paid campaign staff or volunteers reimbursed for the time they expend on campaign activity be considered an `authorized representative' of an elector desiring to vote by absentee ballot;

(8)(3) the term `immediate family' means a person's spouse, parents, children, brothers, or sisters; and

(9)(4) the term `overseas citizen' means a citizen of the United States residing outside of the United States as specified by Section 7-15-110(9)."

SECTION 2. Section 7-15-320 of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:

"Section 7-15-320. A qualified elector in any of the following categories who follows the provisions of this article 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, 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 Marine 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 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) 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 seventy-two years of age or older;

(15) persons confined to a jail or pre-trial facility pending disposition of arrest or trial."

SECTION 3. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. In addition to using the application form for absentee ballot described in Section 7-15-340, members of the Armed Forces and Merchant Marine of the United States, their spouses and dependents residing with them, persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses and dependents residing with them, and overseas citizens as that term is defined in Section 7-15-110 are permitted to use Standard Form 76 or any subsequent form replacing that form. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration on the last two Saturdays before the state primary election and general election and until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person who violates the provisions of this section is subject to the penalties provided in Section 7-25-170."

SECTION 4. Section 7-15-340 of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:

APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER REGISTRATION: ________ COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__.

(If a ballot is requested for a primary election, print your political party preference in this space ________.)

I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________.

My full name is ________________.

Please Print

(CHECK APPROPRIATE BOX)

[] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[] 7. Death in family, or attending funeral within a three-day period of election.

[] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[] 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 seventy-two years of age or older.

[] 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.

My home address in South Carolina as shown on my registration certificate is:

_____________________________________

My absentee mailing address (address to which absentee ballot should be mailed) is:

_____________________________________

Signature

_________________________________________

Social Security or Identification Number. on a form prescribed and provided by the executive director and shall contain the following information: name, social security number or identification number, residence address, absentee mailing address if different, telephone number of the applicant, voter registration number, precinct registered in. The form must provide a place to indicate political party preference if the ballot requested is for a primary election. Additionally, the applicant must take the following oath:

Signature

19 .

Date"

SECTION 5. Section 7-15-360 of the 1976 Code is amended to read:

"Section 7-15-360. The board of registration of each county shall 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 such the materials to qualified electors desiring to vote by absentee ballot."

SECTION 6. Section 7-15-410 of the 1976 Code is amended to read:

"Section 7-15-410. In each county there must be established an absentee voting precinct located in the office of the county board of registration. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of ballots at the absentee voting precinct. The absentee ballots must remain in the custody of the county board of registration until transferred to the county election commission, municipal election commission, county committee for each political party or executive committee of each municipal party for the purpose of tabulation and reporting as provided in Section 7-15-420."

SECTION 7. Section 7-15-430 of the 1976 Code is amended to read:

"Section 7-15-430. (A) Prior to Before the distribution of voter registration lists to the various precincts, the county board of registration shall note opposite the name of each registered voter who has voted by absentee ballot the fact of such the voting or that an absentee ballot has been issued to a voter, as the case may be.

(B) No voter whose name is so marked on the registration list as having voted shall may be permitted to vote in person in his resident precinct and no voter who has been issued an absentee ballot may vote whether such the ballot has been cast or not, unless he shall furnish furnishes to the officials of his resident precinct a certificate from the county board of registration that his absentee ballot has been returned to the board unmarked.

(C) Should any If a voter be is issued an absentee ballot after the registration board has released the registration books to be used in the election to the county election commission, municipal election commission, county committee, executive committee of any municipal party, or poll managers, the board of registration shall immediately notify in writing the county election commission, municipal election commission, county committee, executive committee of any municipal party, or poll manager, as the case may be, of the name, address, and certificate number of each voter who has since been issued an absentee ballot and the registration books must be appropriately marked that the voter has been issued an absentee ballot."

SECTION 8. Section 7-15-450 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:

"Section 7-15-450. This article applies to political parties holding a primary and any other authorities conducting an election any authority conducting an election."

SECTION 9. Sections 7-15-250, 7-15-260, and 7-15-395 of the 1976 Code are repealed.

SECTION 10. This act is effective upon the signature of the Governor and applies to all elections held after June 30, 1996.

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