H*2912 Session 106 (1985-1986)
H*2912(Rat #0364, Act #0345 of 1986) General Bill, By House Judiciary
A Bill to amend Section 7-5-120, as amended, Code of Laws of South Carolina,
1976, relating to qualifications for voting, so as to eliminate the
requirement that a qualified elector read and write a Section of the State
Constitution and to amend Section 7-5-170, as amended, relating to voter
registration forms, so as to eliminate references to an applicant reading and
writing a section of the State Constitution and to require additional
information.
05/01/85 House Introduced, read first time, placed on calendar
without reference HJ-2814
05/08/85 House Read second time HJ-2977
05/09/85 House Read third time and sent to Senate HJ-3082
05/09/85 Senate Introduced and read first time SJ-2015
05/09/85 Senate Referred to Committee on Judiciary SJ-2015
02/12/86 Senate Committee report: Favorable Judiciary SJ-552
02/19/86 Senate Read second time SJ-644
02/19/86 Senate Ordered to third reading with notice of
amendments SJ-644
02/25/86 Senate Read third time and enrolled SJ-723
03/04/86 Ratified R 364
03/07/86 Signed By Governor
03/07/86 Effective date 03/07/86
03/07/86 Act No. 345
03/20/86 Copies available
(A345, R364, H2912)
AN ACT TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO QUALIFICATIONS FOR VOTING, SO AS TO ELIMINATE THE REQUIREMENT
THAT A QUALIFIED ELECTOR READ AND WRITE A SECTION OF THE STATE CONSTITUTION AND
TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO VOTER REGISTRATION FORMS, SO
AS TO ELIMINATE REFERENCES TO AN APPLICANT READING AND WRITING A SECTION OF THE
STATE CONSTITUTION AND TO REQUIRE ADDITIONAL INFORMATION.
Be it enacted by the General Assembly of the State of South Carolina:
Qualifications for voting
SECTION 1. Section 7-5-120 of the 1976 Code, as last amended by Act 1 of 1981,
is further amended to read:
"Section 7-5-120. Every citizen of this State and the United States who:
(1) Is at least eighteen years of age;
(2) Is not laboring under disabilities named in the Constitution of 1895 of
this State;
(3) Is a resident in the county and in the polling precinct in which the
elector offers to vote;
(4) Applies for registration; must be registered; provided that:
(a) Persons who are mentally incompetent or confined in any public prison;
and
(b) Persons convicted of a felony or offenses against the election laws are
disqualified from being registered or voting, unless the disqualification has
been removed by service of the sentence, including probation and parole time
unless sooner pardoned."
Written applications
SECTION 2. Section 7-5-170 of the 1976 Code, as last amended by Act 510 of 1984,
is further amended to read:
"Section 7-5-170. (1) Written application required. -- No person may be
registered to vote except upon written application which shall become a part of
the permanent records of the board to which it is presented and must be open to
public inspection.
(2) Form of application. -- The application must be on a form prescribed and
provided by the executive director and shall contain the following information:
APPLICATION FOR REGISTRATION
Dated at_________ , S.C.,__________ day of_______ ,19_______ .
I,___________________________________________________ , a
Last Name-First Name-Middle Initial
citizen of this State and the United States, hereby apply for registration as an
elector and certify under oath that:
1. I am a male/female, a member of the_________ race, born at_________ ,
on__________________ . I reside at________________ Street in the town or city
of___________ or on____________ Road in __________________ Township or Parish
in__________________ County. My precinct is____________ . My weight
is__________ lbs., my height is___________ ft._____________ in., the color of
my eyes is___________ , the color of my hair is ______________ .
/ / 2.
I am a resident of South Carolina, this county and in the voting precinct at
which I will be entitled to vote if a registration certificate is issued to me
upon this application.
/ / 3.
I am not now under a court order declaring me mentally incompetent or confined
in any public prison.
/ / 4. (a) I have never been convicted of a felony or crimes against the
election laws; or
/ / (b) I have been convicted of a felony or crimes against the election
laws.
Date of Conviction_____________ ,____________
Month Year
the criminal offense convicted of was_______________________
the total length of my sentence was______________ ; and
No. of years
or months
/ / (c) I have served my entire sentence, all probation and parole time, or
I have been legally pardoned for the conviction.
5. My social security or identification number is_____________.
If none, so state
6. My place of birth is___________________________________ .
7. I was last registered in_________________ Precinct,_________
County, State.
8. My occupation is____________________ .
9. My mailing address is___________________ .
10. My telephone number is __________________ .
WHOEVER SHALL, WILFULLY AND KNOWINGLY, SWEAR FALSELY IN TAKING ANY OATH
REQUIRED BY LAW, ADMINISTERED BY ANY PERSON DIRECTED OR PERMITTED BY LAW TO
ADMINISTER SUCH OATH, IS GUILTY OF PERJURY AND ON CONVICTION, INCUR THE PAINS AND
PENALTIES OF THAT OFFENSE.
Sworn to and subscribed before
me this_____________________ day of
____________________ ,19______
Member of Clerk of Registration Board
______________________________
______________________________
Applicant
(3) Administration of oaths. -- Any member of the registration board, deputy
registrar, or any registration clerk must be qualified to administer oaths in
connection with the application.
(4) Decisions on applications. -- Any member of the registration board, deputy
registrar, or registration clerk may pass on the qualifications of the
prospective voter. In case of a question of an applicant being refused
registration, at least one member of the board shall pass on the qualifications
of the voter. A concise statement of the reasons for the refusal must be written
on the application."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |