S*0185(Rat #0210, Act #0223 of 2006)  General Bill, By Martin, McConnell, 
Alexander, Ford, Bryant and Knotts
 AN ACT TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES
 TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES
 FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOT
 STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST
 COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER
 OFFICIAL BALLOTS. - ratified title

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-169
   01/11/05  Senate Referred to Committee on Judiciary SJ-169
   01/26/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-23
   03/16/05  Senate Amended SJ-34
   03/16/05  Senate Read second time SJ-34
   03/17/05  Senate Read third time and sent to House SJ-7
   03/22/05  House  Introduced and read first time HJ-4
   03/22/05  House  Referred to Committee on Judiciary HJ-4
   01/25/06  House  Committee report: Favorable Judiciary HJ-13
   01/26/06  House  Read second time HJ-16
   01/26/06  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   01/27/06  House  Read third time and enrolled HJ-1
   01/31/06         Ratified R 210
   02/03/06         Signed By Governor
   02/07/06         Copies available
   02/07/06         Effective date 02/03/06
   02/10/06         Act No. 223

(A223, R210, S185)

AN ACT TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.

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

References to optical scanners added; separate vote on President eliminated

SECTION    1.    Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"Section 7-13-1340.    A vote recorder or optical scan voting device must not be adopted or used unless it:

(a)    provides facilities for voting for the candidates as may be nominated and upon the questions as may be submitted;

(b)    permits each elector, at other than primaries, to vote a straight party or body ticket, in one operation; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which the elector votes for individual candidates;

(c)    permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

(d)    permits each elector to vote, at any election, for any person and for any office for whom and for which the elector is lawfully entitled to vote, whether or not the name of the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;

(e)    precludes, when used in conjunction with a tabulating machine, the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and precludes the counting of votes for more persons for any office than the elector is entitled to vote for or for fewer than the elector is required to vote for, and precludes the counting of votes for any candidate for the same office or upon any question more than once;

(f)    permits voting in absolute secrecy, so that a person shall not see or know for whom any other elector has voted or is voting, except an elector whom the person has assisted or is assisting in voting, as prescribed by law;

(g)    is constructed of material of good quality, in a neat and workmanlike manner;

(h)    records, when properly operated, correctly and accurately every vote cast;

(i)     is constructed so that an elector may readily learn the method of operating it;

(j)     is safely transportable; and

(k)    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), is able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

Prohibition against combining official ballot presidential elector with other official ballots deleted

SECTION    2.    Section 7-13-320(C) of the 1976 Code, as last amended by Act 236 of 2000, is further amended by deleting the last sentence which reads:

"The official ballot for presidential electors shall not be combined with any other official ballots."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 31st day of January, 2006.

Approved the 3rd day of February, 2006.