S 0196 General Bill, By M.T. Rose
 A BILL TO AMEND CHAPTER 15, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ABSENTEE REGISTRATION AND VOTING SO AS TO REPLACE ABSENTEE VOTING
 WITH EARLY VOTING BY MAIL AND TO ALLOW DISABLED ELECTORS, CONFINED ELECTORS,
 AND QUALIFIED ELECTORS WHO WILL NOT BE IN THE COUNTY DURING THE EARLY VOTING
 PERIOD AND ELECTION DAY TO VOTE BY MAIL, AND TO PROVIDE THAT ANY QUALIFIED
 ELECTOR MAY VOTE BY EARLY VOTING BY PERSONAL APPEARANCE; AND TO PROVIDE FOR
 THE METHOD, HOURS, AND LOCATION OF EARLY VOTING.

   01/16/97  Senate Introduced and read first time SJ-8
   01/16/97  Senate Referred to Committee on Judiciary SJ-8

A BILL

TO AMEND CHAPTER 15, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE REGISTRATION AND VOTING, SO AS TO REPLACE ABSENTEE VOTING WITH EARLY VOTING BY MAIL AND TO ALLOW DISABLED ELECTORS, CONFINED ELECTORS, AND QUALIFIED ELECTORS WHO WILL NOT BE IN THE COUNTY DURING THE EARLY VOTING PERIOD AND ELECTION DAY TO VOTE BY MAIL, AND TO PROVIDE THAT ANY QUALIFIED ELECTOR MAY VOTE BY EARLY VOTING BY PERSONAL APPEARANCE; AND TO PROVIDE FOR THE METHOD, HOURS, AND LOCATION OF EARLY VOTING.

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

SECTION 1. The title of Chapter 15, Title 7, of the 1976 Code is amended to read:

SECTION 2. Article 1, Chapter 15, Title 7 of the 1976 Code is amended to read:

Section 7-15-10. The State Election Commission must provide for early voting in each election in this State. Early voting may be conducted by personal appearance or by mail. The State Election Commission 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 by this chapter. Regulations promulgated pursuant to this section must be promulgated in accordance with the Administrative Procedures Act.

Section 7-15-20. Article 3 and Article 5 of this This chapter shall is intended to be liberally construed in order to effectuate accomplish its their purposes purpose."

SECTION 3. Article 5, Chapter 15, Title 7, 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)(1) The term "physically disabled person" means a person who, because of injury or illness, cannot be present in person at his voting place during the early voting period or on Election Day;

(5)(2) 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)(3) 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 may not be considered an "authorized representative" of an elector desiring to vote by absentee ballot.

(8)(4) The term "immediate family" means a person's spouse, parents, children, brothers, or sisters.

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

Section 7-15-320. A qualified elector in any of the following categories must be permitted to vote by absentee ballot an early ballot by mail in all elections when he is absent from his county of residence on election day during the hours the polls are open during the entire early voting period and on Election Day, 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 an early ballot by mail 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.

Section 7-15-330. To vote by absentee ballot an early ballot by mail, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot an early ballot by mail in person, by telephone, or by mail, or by facsimile, if available, 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. 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 an early ballot by mail 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 an early ballot by mail 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 an early ballot by mail 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 an early ballot by mail 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 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 early voting by mail 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 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) military personnel, persons serving in the Red Cross or the United Service Organization, governmental employees, and overseas citizens 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 early voting by mail ballot or a request for an absentee early voting by mail 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 early voting by mail ballot for the reason indicated above'. Any person who fraudulently applies for an absentee early voting by mail ballot in violation of this section, upon conviction, must be punished in accordance with Section 7-25-20.

Section 7-15-360. The board of registration of each county must be furnished by the The commissioners of election of the county or the county committee for each political party holding a primary, must furnish the county board of registration 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 an early voting by mail ballot. If an absentee early voting by mail 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.

Section 7-15-365. The board of registration of each county must be furnished by the The municipal election commission of each municipality holding an election or the executive committee of a municipal party holding a primary, must furnish the board of registration of each county a sufficient number of ballots, envelopes, and instructions to the absentee early 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 an early ballot by mail. 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 early 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.

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 early ballot and who has validly completed a written application for an absentee early 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 early 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 early 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.

Section 7-15-375. The return-addressed envelope required by item (4) of Section 7-15-370 to be sent to each absentee ballot early ballot by mail applicant shall must have printed on its face in the upper left hand corner the words 'absentee ballots early ballots by mail for -------- County, -------- (county seat), South Carolina.' All blanks on the face of the envelope shall must be filled in by the county board of registration prior to the issuance of the ballot to the absentee ballot early ballot by mail applicant. On the back shall appear blanks which Blanks for the voter shall to fill in with his name and address must appear on the back.

Section 7-15-380. The oath, which is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee early ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall must appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:

I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.

Dated on this ______ day of __________, 19__

Section 7-15-385. Upon receipt of the ballot or ballots, the absentee early ballot applicant must mark each ballot on which he wishes to vote and place each ballot in the single envelope marked "Ballot Herein" which in turn must be placed in the return-addressed envelope. The applicant must then return the return-addressed envelope to the board of registration by mail, by personal delivery, by facsimile, if available, or by authorizing another person to return the envelope for him. The applicant must give the The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in return the form to the board of registration at the time the envelope is returned. The voter must sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of registration must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff including volunteers reimbursed for time expended on campaign activity is not permitted to serve as an authorized returnee for any person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of registration must record in the record book required by Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must securely store the envelopes in a locked box within the office of the registration board.

Section 7-15-390. Absentee balloting Early balloting by mail in the primary, special, and municipal elections must be in accordance with the provisions of Title 7.

Section 7-15-395. Any political party conducting an election 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 primary elections. All The political party must bear the expenses incurred by any political party in conducting elections subject to the provisions of this article shall be borne by such political party.

Section 7-15-400. (A) A qualified absentee elector desiring to vote early by mail as provided in subsection (C) of this section may apply not no earlier than ninety days before an election for a special write-in absentee ballot early ballot by mail. This ballot must be used for each general and special election and primaries for federal offices, statewide offices, and members of the General Assembly.

(B) The application for a special write-in absentee ballot early ballot by mail may be made on the federal postcard application form or on a form prescribed by the State Election Commission.

(C) In order to qualify for a special write-in absentee ballot early ballot by mail, the voter must state that he is unable to vote by regular absentee ballot early ballot by mail or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world pursuant to Section 7-15-320 This statement may be made on the federal postcard application or on a form prepared by the State Election Commission and supplied and returned with the special write-in absentee ballot early ballot by mail.

(D) Upon receipt of this application, the County Board of Registration shall issue the special write-in absentee ballot early ballot by mail which must be prescribed and provided by the State Election Commission. The ballot shall must list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall must permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office.

Section 7-15-410. In each county there must be established an absentee an early voting precinct located in the office of the county board of registration must be established. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of primary elections is responsible for the tabulation and reporting of ballots at the absentee early voting precinct. The absentee ballots early ballots by mail 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 7-15-420. 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 early ballots by mail. 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 early ballot by mail 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 early ballots by mail 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 early 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.

Section 7-15-430. Prior to 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 an early ballot by mail the fact of such voting or that an absentee ballot early ballot by mail has been issued to a voter, as the case may be.

No voter whose name is so marked on the registration list as having voted shall be is permitted to vote in person in his resident precinct and no voter who has been issued an absentee ballot early ballot by mail may vote whether such 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 early ballot by mail has been returned to the board unmarked.

Should any voter be If a voter is issued an absentee ballot early ballot by mail 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 early ballot by mail and the registration books must be appropriately marked that the voter has been issued an absentee ballot early ballot by mail.

Section 7-15-440. The county election commission shall, after each election, prepare a list of all persons to whom absentee ballots early ballots by mail were issued and all persons who cast absentee ballots early ballots by mail. The list so compiled shall must be made available for public inspection upon request.

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

Section 7-15-460. In the event of an emergency, as defined in this section, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary, including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application for voter registration and an application for absentee ballots early ballots by mail and electronic transmissions of absentee ballots early ballots by mail to or from any elector in the United States armed services, to ensure that all South Carolina residents located in the immediate area of the emergency, who are serving on active duty in the armed services of the United States, in the Reserve or Guard components of the United States armed services having been called to active military duty, or as civilian personnel with the armed forces of the United States, have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina.

"Emergency" means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.

The State Election Commission shall promulgate regulations necessary for the implementation of this section."

SECTION 4. Chapter 15, Title 7 of the 1976 Code is amended by adding:

Section 7-15-500. As used in this article,'appropriate election commission' means the State Election Commission, county election commission, municipal election commission, or the executive committee of a political party, depending upon which body is responsible for holding the election pursuant to South Carolina law.

Section 7-15-510. Any qualified elector is eligible for early voting by personal appearance in any regular, special, primary, or run-off election held in this State.

Section 7-15-520. (A) The period for early voting by personal appearance begins on the 20th day before Election Day and continues through the fourth day before Election Day, except as otherwise provided by this section.

(B) For a run-off election, the period begins on the 10th day before the run-off Election Day.

(C) If the date prescribed by (A) or (B) is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day.

Section 7-15-530. Early voting by personal appearance for each election is conducted at the early voting polling place. The early voting polling place is located at the county board of registration, 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. The early voting polling place must be open for early voting at least eight hours each weekday of the early voting period.

Section 7-15-540. The time and place for early voting must be published in a newspaper of general circulation with the dates, hours, and location of early voting, in the same manner as required by Section 7-13-35.

Section 7-15-550. The applicant for early voting by personal appearance must make an application at the early voting polling place when the applicant desires to vote. The application must be on a form substantially similar to the one below:

APPLICATION FOR EARLY VOTING BALLOT TO THE BOARD OF VOTER REGISTRATION: ---- COUNTY

I hereby apply for an early voting 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

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

______________________________________

______________________________________

I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.

Dated on this ______ day of __________, 19__

Signature

______________________________________________________

Social Security or Identification Number.

Section 7-15-560. If an applicant is entitled to vote, the clerk shall follow the procedure for accepting a regular voter on Election Day, with the modifications necessary for the conduct of early voting. The clerk must indicate beside the applicant's name on the list of registered voters that the applicant was accepted to vote by personal appearance.

Section 7-15-570. The voter may vote in a manner prescribed by the appropriate election commission. If voting is conducted by machine, the clerk shall secure each early voting machine at the end of each day. If voting is by paper ballot or punchcard ballot, the ballot must be deposited in a sealed box designated for early voting use.

Section 7-15-580. The appropriate election commission must provide the county registration board serving as the early polling place with ballots, in the amount necessary to carry out the purposes of this article.

Section 7-15-590. The appropriate election commission is responsible for the tabulation and reporting of ballots at the early voting precinct. At 2:00 p.m. on Election Day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers that have been appointed pursuant to Section 7-13-860, may begin the process of examining the early ballots that have been received by the county registration board. The ballots 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 early voter precinct is a countywide precinct and a part of each election district in the county.

Section 7-15-600. Prior to 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 an early ballot the fact of such voting. No voter whose name is so marked on the registration list as having voted is permitted to vote in person in his resident precinct.

Section 7-15-610. The appropriate election commission shall, after each election, prepare a list of all persons who cast early ballots. The list must be made available for public inspection upon request.

Section 7-15-620. An early voter by personal appearance may be assisted in the same manner as prescribed in Section 7-13-770.

Section 7-15-630. It is unlawful for a person to distribute any type of campaign literature or place any political posters within two hundred feet of any entrance used by the voters during the time an early voting polling place is open. The clerk shall use every reasonable mean to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a clerk, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.

Section 7-15-640. The State Election Commission may promulgate regulations to carry out the purposes of this article."

SECTION 5. This act takes effect upon approval by the Governor.