S*0373(Rat #0180, Act #0103 of 1999)  General Bill, By Holland
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND
 SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A
 PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; BY ADDING
 SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF
 ADDRESS IS DEEMED GIVEN UNDER OATH; TO AMEND SECTION 7-13-1330, RELATING TO
 THE APPROVAL OF VOTE RECORDERS BY THE STATE ELECTION COMMISSION, SO AS TO
 INCLUDE AN OPTICAL SCAN VOTING SYSTEM WITHIN THE MEANING OF VOTE RECORDER,
 PROVIDE THAT NO VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM MAY BE APPROVED
 FOR USE BY THE STATE UNLESS CERTIFIED BY AN ACCREDITED NATIONAL TESTING
 AUTHORITY AND THE STATE ELECTION COMMISSION AS MEETING CERTAIN STANDARDS,
 PROVIDE A PROCEDURE TO FOLLOW FOR A PERSON OR COMPANY SEEKING APPROVAL OF A
 VOTE RECORDER OR OPTICAL SCAN SYSTEM, PROVIDE FOR A PROCEDURE FOR THE
 DECERTIFICATION OF A VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM BY THE
 COMMISSION; TO AMEND SECTION 7-13-1340, RELATING TO THE REQUIREMENTS FOR VOTE
 RECORDERS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY
 TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; TO
 AMEND 7-13-1620, RELATING TO THE EXAMINATION AND APPROVAL OF VOTING MACHINES
 BY THE BOARD OF STATE CANVASSERS, SO AS TO ESTABLISH A PROCEDURE FOR THE
 APPROVAL OF A VOTING MACHINE BY THE STATE ELECTION COMMISSION BEFORE IT MAY BE
 USED IN AN ELECTION AND PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A
 VOTING MACHINE; TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE
 REQUIREMENTS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY
 TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; AND
 TO REPEAL SECTION 7-13-1630 RELATING TO THE EMPLOYMENT OF EXPERTS TO ASSIST IN
 EXAMINATION OF A VOTING MACHINE.-AMENDED TITLE

   01/20/99  Senate Introduced and read first time SJ-8
   01/20/99  Senate Referred to Committee on Judiciary SJ-8
   02/17/99  Senate Committee report: Favorable Judiciary SJ-8
   02/18/99  Senate Read second time SJ-11
   02/18/99  Senate Unanimous consent for third reading on next
                     legislative day SJ-11
   02/19/99  Senate Read third time and sent to House SJ-1
   02/23/99  House  Introduced and read first time HJ-11
   02/23/99  House  Referred to Committee on Judiciary HJ-11
   05/19/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-14
   05/20/99  House  Amended HJ-23
   05/20/99  House  Read second time HJ-24
   05/25/99  House  Read third time and returned to Senate with
                     amendments HJ-178
   06/02/99  Senate House amendment amended SJ-7
   06/02/99  Senate Returned to House with amendments SJ-7
   06/03/99  House  Debate adjourned on amendments HJ-45
   06/03/99  House  Concurred in Senate amendment and enrolled HJ-84
   06/24/99         Ratified R 180
   06/30/99         Signed By Governor
   06/30/99         Effective date 06/30/99
   07/19/99         Copies available
   07/22/99         Act No. 103

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25 SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; BY ADDING SECTION 7-5-325 SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH; TO AMEND SECTION 7-13-1330, RELATING TO THE APPROVAL OF VOTE RECORDERS BY THE STATE ELECTION COMMISSION, SO AS TO INCLUDE AN OPTICAL SCAN VOTING SYSTEM WITHIN THE MEANING OF VOTE RECORDER, PROVIDE THAT NO VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM MAY BE APPROVED FOR USE BY THE STATE UNLESS CERTIFIED BY AN ACCREDITED NATIONAL TESTING AUTHORITY AND THE STATE ELECTION COMMISSION AS MEETING CERTAIN STANDARDS, PROVIDE A PROCEDURE TO FOLLOW FOR A PERSON OR COMPANY SEEKING APPROVAL OF A VOTE RECORDER OR OPTICAL SCAN SYSTEM, PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTE RECORDER OR OPTICAL SCAN VOTING SYSTEM BY THE COMMISSION; TO AMEND SECTION 7-13-1340, RELATING TO THE REQUIREMENTS FOR VOTE RECORDERS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1620, RELATING TO THE EXAMINATION AND APPROVAL OF VOTING MACHINES BY THE BOARD OF STATE CANVASSERS, SO AS TO ESTABLISH A PROCEDURE FOR THE APPROVAL OF A VOTING MACHINE BY THE STATE ELECTION COMMISSION BEFORE IT MAY BE USED IN AN ELECTION AND PROVIDE FOR A PROCEDURE FOR THE DECERTIFICATION OF A VOTING MACHINE; TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO REQUIRE A VOTING SYSTEM TO BE ABLE TO ELECTRONICALLY TRANSMIT VOTE TOTALS FOR ALL ELECTIONS TO THE STATE ELECTION COMMISSION; AND TO REPEAL SECTION 7-13-1630 RELATING TO THE EMPLOYMENT OF EXPERTS TO ASSIST IN EXAMINATION OF A VOTING MACHINE.

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

Definition, resident

SECTION 1. The 1976 Code is amended by adding:

"Section 7-1-25. (A) A person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile.

(B) For voting purposes, a person has changed his domicile if he (1) has abandoned his prior home and (2) has established a new home, has a present intention to make that place his home, and has no present intention to leave that place.

(C) For voting purposes, a spouse may establish a separate domicile."

Procedure for challenging qualifications

SECTION 2. Section 7-5-230 of the 1976 Code is amended to read:

"Section 7-5-230. The boards of registration to be appointed under Section 7-5-10 shall be the judges of the legal qualifications of all applicants for registration. The board is empowered to require proof of these qualifications as it considers necessary.

Once a person is registered, challenges of the qualifications of any elector, except for challenges issued at the polls pursuant to Sections 7-13-810, 7-13-820, and 7-15-420 must be made in writing to the board of registration in the county of registration. The board must, within ten days following the challenge and after first giving notice to the elector and the challenger, hold a hearing, accept evidence, and rule upon whether the elector meets or fails to meet the qualifications set forth in Section 7-5-120.

When a challenge is made regarding the residence of an elector, the board may consider the following proof to establish residence including, but not limited to, income tax returns; real estate interests; mailing address; address on driver's license; official papers and documents requiring the statement of residence address; automobile registration; checking and savings accounts; past voting record; membership in clubs and organizations; location of personal property; and the elector's statements as to his intent.

Any person denied registration or restoration of his name on the registration books shall have the right of appeal from the decision of the board of registration denying him registration or such restoration to the court of common pleas of the county or any judge thereof and subsequently to the Supreme Court."

Notification

SECTION 3. The 1976 Code is amended by adding:

"Section 7-5-325. Any change of address submitted by an elector for registration or voting purposes as provided by Sections 7-5-320(D), 7-5-330(F)(2)(a), and 7-5-440, and any other written notification of change of address signed by an elector are considered to be given under oath. An elector convicted of fraudulently providing such change of address is guilty of violating Section 7-25-10 and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

Approval of vote recorder system or optical scan system

SECTION 4. Section 7-13-1330 of the 1976 Code is amended to read:

"Section 7-13-1330. (A) Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it shall be approved by the State Election Commission which shall examine the vote recorder and shall make and file in the commission's office a report, attested by the signature of the executive director, stating whether, in the opinion of the commission, the kind of vote recorder so examined can be accurately and efficiently used by electors at elections, as provided by law. No vote recorder or optical scan voting system may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder can be so used, the recorder shall be considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided.

(B) No kind of vote recorder not approved pursuant to this section shall be used at any election and if, upon the reexamination of any type vote recorder previously approved, it appears that the vote recorder so reexamined can no longer be accurately and efficiently used by electors at elections as provided by law, the approval of the vote recorder must immediately be revoked by the State Election Commission, and no such type vote recorder shall thereafter be purchased for use or used in this State.

(C) If a vote recorder, including an optical scan voting system, which was approved for use before July 1, 1999, is improved or otherwise changed in a way since its approval that does not impair its accuracy, efficiency, or capacity, the vote recorder may be used in elections. However, if the software, hardware, or firmware of the system is improved or otherwise changed, the system must comply with the requirements of subsection (A).

(D) Any person or company who requests an examination of any type of vote recorder or optical scan voting system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system and a nonrefundable examination fee of five hundred dollars for an upgrade to any existing system to the State Election Commission. The State Election Commission may at any time, in its discretion, reexamine any vote recorder or optical scan voting system when evidence is presented to the commission that the accuracy or the ability of the system to be used satisfactorily in the conduct of elections is in question.

(E) Any person or company who seeks approval for any vote recorder or optical scan voting system in this State must file with the State Election Commission a list of all states or jurisdictions in which the system has been approved for use. This list must state how long the system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and must disclose any reports compiled by state or local government concerning the performance of the system. The vendor is responsible for filing this information on an ongoing basis.

(F) Any person or company who seeks approval for any vote recorder or optical scan voting system must file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(G) Any person or company who seeks approval for any vote recorder or optical scan voting system must conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting system, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the voting system must be borne by the vendor. The test must be designed to gauge voter reaction to the system, problems that voters have with the system, and the number of voting units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes cast and reported on the system.

(H) Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA. These source codes must be available to the State Election Commission in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement has been met.

(I) After a vote recorder or optical scan voting system is approved, an improvement or change in the system must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer or reader to electronically count and record votes or to a printer to accurately reproduce vote totals.

(J) If the State Election Commission determines that a vote recorder or optical scan voting system that was approved no longer meets the requirements set forth in subsections (A) and (C) or Section 7-13-1340, the commission may decertify that system. A decertified system shall not be used in elections unless the system is reapproved by the commission under subsections (A) and (C).

(K) Neither a member of the State Election Commission, any county election commission or custodian, nor a member of a county governing body shall have any pecuniary interest in any vote recorder or in the manufacture or sale of the vote recorder."

Systems must have capacity to transmit totals electronically

SECTION 5. Section 7-13-1340 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( ) If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

Procedure for approval of voting machine

SECTION 6. Section 7-13-1620 of the 1976 Code is amended to read:

"Section 7-13-1620. (A) Before any kind of voting machine, including an electronic voting machine, is used at any election, it must be approved by the State Election Commission which shall examine the voting machine and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting machine so examined can be accurately and efficiently used by electors at elections, as provided by law. No voting machine may be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards.

(B) When a voting machine has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).

(C) Any person or company who requests an examination of any type of voting machine must pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting machine when evidence is presented to the commission that the accuracy or the ability of the machine to be used satisfactorily in the conduct of elections is in question.

(D) Any person or company who seeks approval for any type of voting machine in this State must file with the State Election Commission a list of all states or jurisdictions in which that voting machine has been approved for use. This list must state how long the machine has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine. The vendor is responsible for filing this information on an ongoing basis.

(E) Any person or individual who seeks approval for any type of voting machine must file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting machine. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(F) Any person or company who seeks approval for any voting machine must conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting machine, as part of the certification process. The field test shall involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting machine must be borne by the vendor. The test must be designed to gauge voter reaction to the machine, problems that voters have with the machine, and the number of units required for the efficient operation of an election. The test must also demonstrate the accuracy of votes reported on the machine.

(G) Before any voting machine, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ITA. These source codes must be available to the State Election Commission in the event that the company goes out of business, pursuant to court order, or in the event that the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement had been met.

(H) After a voting machine is approved, an improvement or change in the machine must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer.

(I) If the State Election Commission determines that a voting machine that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission may decertify that machine. A decertified machine shall not be used in an election unless it is reapproved by the commission under subsections (A) and (B).

(J) No member of the State Election Commission, county election commission, custodian, or member of a county governing body may have any pecuniary interest in any voting machine or in the manufacture or sale of any voting machine."

Systems must have capacity to transmit totals electronically

SECTION 7. Section 7-13-1640 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1620(B), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

Repeal

SECTION 8. Section 7-13-1630 of the 1976 Code is repealed.

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.