Bill 2912

                    Current Status

Bill Number:               2912
Ratification Number:       364
Act Number:                345
Introducing Body:          House
Subject:                   Relating to qualifications for
                           voting

(A345, R364, H2912)

AN ACT TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR VOTING, SO AS TO ELIMINATE THE REQUIREMENT THAT A QUALIFIED ELECTOR READ AND WRITE A SECTION OF THE STATE CONSTITUTION AND TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO VOTER REGISTRATION FORMS, SO AS TO ELIMINATE REFERENCES TO AN APPLICANT READING AND WRITING A SECTION OF THE STATE CONSTITUTION AND TO REQUIRE ADDITIONAL INFORMATION.

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

Qualifications for voting

SECTION 1. Section 7-5-120 of the 1976 Code, as last amended by Act 1 of 1981, is further amended to read:

"Section 7-5-120. Every citizen of this State and the United States who:

(1) Is at least eighteen years of age;

(2) Is not laboring under disabilities named in the Constitution of 1895 of this State;

(3) Is a resident in the county and in the polling precinct in which the elector offers to vote;

(4) Applies for registration; must be registered; provided that:

(a) Persons who are mentally incompetent or confined in any public prison; and

(b) Persons convicted of a felony or offenses against the election laws are disqualified from being registered or voting, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned."

Written applications

SECTION 2. Section 7-5-170 of the 1976 Code, as last amended by Act 510 of 1984, is further amended to read:

"Section 7-5-170. (1) Written application required. -- No person may be registered to vote except upon written application which shall become a part of the permanent records of the board to which it is presented and must be open to public inspection.

(2) Form of application. -- The application must be on a form prescribed and provided by the executive director and shall contain the following information:

APPLICATION FOR REGISTRATION

Dated at_________ , S.C.,__________ day of_______ ,19_______ .

I,___________________________________________________ , a

Last Name-First Name-Middle Initial

citizen of this State and the United States, hereby apply for registration as an elector and certify under oath that:

1. I am a male/female, a member of the_________ race, born at_________ , on__________________ . I reside at________________ Street in the town or city of___________ or on____________ Road in __________________ Township or Parish in__________________ County. My precinct is____________ . My weight is__________ lbs., my height is___________ ft._____________ in., the color of my eyes is___________ , the color of my hair is ______________ .

/ / 2.

I am a resident of South Carolina, this county and in the voting precinct at which I will be entitled to vote if a registration certificate is issued to me upon this application.

/ / 3.

I am not now under a court order declaring me mentally incompetent or confined in any public prison.

/ / 4. (a) I have never been convicted of a felony or crimes against the election laws; or

/ / (b) I have been convicted of a felony or crimes against the election laws.

Date of Conviction_____________ ,____________

Month Year

the criminal offense convicted of was_______________________

the total length of my sentence was______________ ; and

No. of years

or months

/ / (c) I have served my entire sentence, all probation and parole time, or I have been legally pardoned for the conviction.

5. My social security or identification number is_____________.

If none, so state

6. My place of birth is___________________________________ .

7. I was last registered in_________________ Precinct,_________ County, State.

8. My occupation is____________________ .

9. My mailing address is___________________ .

10. My telephone number is __________________ .

WHOEVER SHALL, WILFULLY AND KNOWINGLY, SWEAR FALSELY IN TAKING ANY OATH REQUIRED BY LAW, ADMINISTERED BY ANY PERSON DIRECTED OR PERMITTED BY LAW TO ADMINISTER SUCH OATH, IS GUILTY OF PERJURY AND ON CONVICTION, INCUR THE PAINS AND PENALTIES OF THAT OFFENSE.

Sworn to and subscribed before

me this_____________________ day of

____________________ ,19______

Member of Clerk of Registration Board

______________________________

______________________________

Applicant

(3) Administration of oaths. -- Any member of the registration board, deputy registrar, or any registration clerk must be qualified to administer oaths in connection with the application.

(4) Decisions on applications. -- Any member of the registration board, deputy registrar, or registration clerk may pass on the qualifications of the prospective voter. In case of a question of an applicant being refused registration, at least one member of the board shall pass on the qualifications of the voter. A concise statement of the reasons for the refusal must be written on the application."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.