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S 1009
Session 113 (1999-2000)


S 1009 General Bill, By Holland
 A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS
 TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE
 MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED
 QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE
 PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING
 ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS
 ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT
 THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE,
 REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING
 BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES
 MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO
 HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED
 VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR
 ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO
 AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING
 THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF
 ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO
 THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION
 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS
 TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE
 POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT
 MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE
 OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE
 ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES
 IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR
 UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION
 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE
 WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW,
 FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND
 DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS
 PROVIDED.

   01/11/00  Senate Introduced and read first time SJ-57
   01/11/00  Senate Referred to Committee on Judiciary SJ-57
   01/19/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   04/26/00  Senate Amended SJ-37
   04/26/00  Senate Read second time SJ-37
   04/26/00  Senate Ordered to third reading with notice of
                     amendments SJ-37
   04/27/00  Senate Read third time and sent to House SJ-13
   05/02/00  House  Introduced and read first time HJ-135
   05/02/00  House  Referred to Committee on Judiciary HJ-136
   05/24/00  House  Committee report: Favorable Judiciary HJ-3
   05/30/00  House  Debate adjourned until Wednesday, May 31, 2000 HJ-21
   05/31/00  House  Debate adjourned until Thursday, June 1, 2000 HJ-11
   06/01/00  House  Recommitted to Committee on Judiciary HJ-24





Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 24, 2000

S. 1009

Introduced by Senator Holland

S. Printed 5/24/00--H.

Read the first time May 2, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1009), to amend Section 7-13-430, Code of Laws of South Carolina, 1976, relating to ballots to be provided where voting machines are not used, etc., respectfully

REPORT:

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

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE   DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.

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

SECTION 1. Section 7-13-430 of the 1976 Code is amended to read:

"Section 7-13-430. (A) There must be provided for each voting place where voting machines are not used as many ballots as are equal to one hundred ten percent of the registered qualified voters at the voting place. There must be provided for each voting place where voting machines are used as many a number of ballots as are equal to not to exceed ten percent of the registered qualified voters at the voting place. The authority responsible for conducting an election must provide to each poll manager the appropriate number of ballots according to the provisions of this section.

(B) When a sufficient number of official ballots are not available for all qualified electors present at the polling place to vote, the managers of election without undue delay shall provide ballots made as nearly as possible in the form of the official ballot to those electors for whom official ballots are unavailable, and for all purposes of the election laws of this State these ballots are the same as official ballots. A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.

(C) There must be provided for each voting place a number of failsafe ballots, or ballots containing only the races for federal, statewide, countywide, and municipalwide offices, not to exceed five percent of the registered qualified voters at the voting place. The authority responsible for conducting an election must provide to each poll manager the appropriate number of ballots according to the provisions of this section."

SECTION 2. Section 7-13-1680 of the 1976 Code is amended to read:

"Section 7-13-1680. The governing body of any county or municipality providing voting machines at polling places for use at elections shall provide for each such polling place at least one voting machine for each three two hundred and fifty registered voters or portion thereof or as near thereto as may be practicable. Such machine The machines shall be of the type approved as herein provided for in this title and shall be kept in complete and accurate working order and in proper repair. The machine machines may be used in such election districts or precincts in the county or municipality as the officials holding the election or conducting the primary may determine. The governing body of the county or municipality owning the machines shall have custody of such machines and other furniture or equipment of the polling places when not in use at an election."

SECTION 3. Section 7-13-1750 of the 1976 Code is amended to read:

"Section 7-13-1750. Before preparing a voting machine for an election at which candidates for more than one political party or candidates nominated by petition are to be voted for, written notice must be mailed to the chairman of the local committee of each of the two political parties which at the general election next preceding cast the highest and next highest number of votes that have certified candidates, stating the time and place where the machines will be prepared. At this time, one representative of each of these political parties must be afforded an opportunity to see that the machines are in proper condition for use at the election. When a machine has been examined by these representatives, it must be locked or sealed with a numbered seal in their presence. The representatives must certify as to the numbers of the machines, that all counters are set at zero (000), as to the number registered on the protective counter, and the number on the seal. When a voting machine has been properly prepared for an election, it must be locked or sealed against voting, sealed, and any necessary seals or keys to the machine retained in the custody of the commissioners of election or other electoral board and delivered to the managers of election as provided in this chapter."

SECTION 4. Section 7-13-1770 of the 1976 Code is amended to read:

"Section 7-13-1770. The managers of each election precinct at which a voting machine is to be used shall meet at the voting place at least three quarters of an hour forty-five minutes before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery supplies, and voting machine or machines for the conduct of the election. The managers of election shall then have the voting machines, ballots and stationery required to be delivered to them for such election. At that time, the The managers shall thereupon post at least two instruction cards conspicuously within the polling place. If not previously done, they shall arrange, in their proper place on or in the voting machine, the ballots prepared for such election. The keys to the voting machine A sealed envelope shall be delivered to the managers of election at least thirty minutes before the time set for the opening of the polls, in a sealed envelope, on which shall be written or printed the number of the voting machine, the number of the seal any respective seals, and the number registered on the protective counter device. The This envelope containing the keys shall not be opened until all of the managers of election for the precinct shall be are present at the polling place and shall have examined the envelope to see that it has not been opened. The machine shall remain locked against the voting until the polls are formally opened and machines, upon preparation for voting by the managers, shall not be operated except by voters in voting. Before opening the polls, each manager shall examine the machines and see that no vote has been cast and that the counters register zero (000). If any counter is found not to register zero (000), the managers shall not use the machine for voting purposes and notify the commissioners of election adjust the counters at zero (000) if it can be done by them; if not, they shall make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post such statement upon the wall of the polling room where it shall remain during the day of election, and in making the statement of canvass, they shall subtract such number from the number of registered ballots thereon."

SECTION 5. Section 7-13-1880 of the 1976 Code is amended to read:

"Section 7-13-1880. As soon as the polls of election are closed, the managers shall immediately lock and or seal the voting machine against further voting and open the counter compartment in the presence of all persons who may be lawfully present at the time giving full view to the counters results, and they shall canvass and announce the results as shown by the counters, including the votes recorded for each office on the independent ballots, and. They shall also announce the vote upon every amendment, proposition, or question voted upon, as provided by Section 7-13-110. The vote as registered shall be entered on a statement of canvass and when so completed shall be compared with the numbers on the counters of the machine. If found to be correct the statements shall be duly certified and sworn to and returned and filed as provided in this Title title for returning and filing election returns. No tally sheets or return blank blanks, as required by law for use in voting precincts in which paper ballots are used, need be furnished or used when voting machines are used, and no ballots need to be returned with the statement of canvass machine results except the write-in provisional and failsafe ballots."

SECTION 6. Section 7-13-1890 of the 1976 Code is amended to read:

"Section 7-13-1890. The keys of the voting machine shall be enclosed in a A sealed envelope having endorsed thereon a certificate of the managers of election stating the number of the machine, the voting precinct, the number numbers on the seal seals, and the number on the protective counter and containing all used seals for this election shall be returned and delivered by one of the managers of the election to the commissioners or other electoral board from whom the keys were the envelope was received. After being locked or sealed by the managers of election, the voting machines shall remain locked or sealed for the period of thirty days or as much longer long as may be necessary or advisable because of any threatened contest over of the result of the election, except as may be necessary to prepare the machines for another election and except that they may be opened and all data examined by the authority responsible for conducting the election in order to ascertain or verify the machine results of the election; however, this examination may be conducted only if all candidates in an affected race, or their representatives, are notified and given an opportunity to be present, or upon the order of a court of competent jurisdiction."

SECTION 7. 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 residences, 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) 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) The term 'immediate family' means a person's spouse, parents, children, brothers, or sisters, grandparents, grandchildren, and mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.

(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 8. Section 7-13-620 of the 1976 Code is repealed.

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

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