South Carolina Legislature


 

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S*772
Session 111 (1995-1996)


S*0772(Rat #0226, Act #0227 of 1996)  General Bill, By Holland and Washington
 A Bill to amend Section 7-15-420, Code of Laws of South Carolina, 1976,
 relating to the receipt, tabulation, and reporting of absentee ballots, so as
 to authorize the poll managers to begin the process of removing the ballots
 from the envelopes marked "ballot herein" after examining the return addressed
 envelopes at 2:00 P.M., and to further provide that the counting, tabulation,
 and reporting of these ballots shall not begin until the polls have closed.

   04/20/95  Senate Introduced and read first time SJ-12
   04/20/95  Senate Referred to Committee on Judiciary SJ-12
   05/03/95  Senate Committee report: Favorable Judiciary SJ-7
   05/04/95  Senate Read second time SJ-13
   05/05/95  Senate Read third time and sent to House SJ-12
   05/09/95  House  Introduced and read first time HJ-19
   05/09/95  House  Referred to Committee on Judiciary HJ-19
   01/31/96  House  Committee report: Favorable Judiciary HJ-5
   02/01/96  House  Read second time HJ-15
   02/01/96  House  Unanimous consent for third reading on next
                     legislative day HJ-16
   02/02/96  House  Read third time and enrolled HJ-2
   02/06/96         Ratified R 226
   02/12/96         Signed By Governor
   02/12/96         Effective date 02/12/96
   03/06/96         Copies available
   03/06/96         Act No. 227



(A227, R226, S772)

AN ACT TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

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

Absentee ballots

SECTION 1. Section 7-15-420 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:

"Section 7-15-420. The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked `Ballot Herein', placing each one in the ballot box provided for the applicable contest. When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."

Time effective

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

Approved the 12th day of February, 1996.




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