South Carolina General Assembly
110th Session, 1993-1994

Bill 4582


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4582
Primary Sponsor:                McElveen
Committee Number:               25
Type of Legislation:            GB
Subject:                        Elections, early voting
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       PT/22341DW.94
Introduced Date:                19940120
Last History Body:              House
Last History Date:              19940120
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McElveen
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4582  House   19940120      Introduced, read first time,    25
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO CHAPTER 15 OF TITLE 7, SO AS TO PROVIDE FOR EARLY VOTING BY PERSONAL APPEARANCE AND BY MAIL.

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

SECTION 1. Chapter 15, Title 7 of the 1976 Code is amended by adding:

"Article 9

Early Voting

Section 7-15-610. (A) Any qualified elector is eligible to vote early by personal appearance. To be entitled to vote early, a person must make an application in person at the county board of registration at the time when the applicant desires to vote. The office of the county board of registration is also the early voting precinct for the county. No other early voting precinct is allowed.

(B) An application must be in writing in the form prescribed by the State Election Commission and signed and attested to by the applicant and a witness. The application must include the person's name and address at which he is registered to vote.

(C) The period for early voting by personal appearance begins on the twentieth day before election day and continues through the fourth day before election day. For a special runoff election, the period begins on the tenth day before the election. If the date prescribed for beginning the period is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day. If because of the date for which an election is ordered, it is not possible to begin early voting by personal appearance on the prescribed date, the early voting period begins on the earliest date practicable after the prescribed date as set by the authority ordering the election.

(D) Early voting by personal appearance must be conducted on the weekdays of the early voting period and during the hours that the county board of registration is regularly open for business and on Saturday during hours established by the State Election Commission. The clerk of the county board of registration shall follow the procedure for accepting an absentee ballot under this chapter with the modifications necessary for the conduct of early voting.

(E) Notice of the time and place for early voting must be published in a newspaper of general circulation in the county.

(F) The State Election Commission shall promulgate regulations for the conduct of early voting.

Section 7-15-620. (A) Subject to the provisions of subsection (B), a qualified voter is eligible for early voting by mail if the voter expects to be absent from the county of the voter's residence on election day and during the regular hours for conducting early voting polling place for that part of the period for early voting by personal appearance remaining after the voter's early voting ballot application is submitted to the county board of registration.

(B) If a voter's early voting ballot application is submitted on or after the first day of the period for early voting provided in Section 7-15-610(C) by personal appearance, the voter is ineligible for early voting by mail unless the voter is absent from the county when the application is submitted and satisfies the requirements prescribed by subsection (A).

Section 6-15-630. (A) A qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring his health.

(B) Expected or likely confinement for childbirth on election day is sufficient cause to entitle a voter to vote under the provisions of subsection (A).

Section 7-15-640. A qualified voter is eligible for early voting by mail if the voter is sixty-five years of age or older on election day.

Section 7-15-650. A qualified voter is eligible for early voting by mail if the voter is forbidden by religious conviction to vote during all or part of the time the polls are open on election day.

Section 7-15-660. (A) A qualified voter is eligible for early voting by mail if, at the time the voter's early voting ballot application is submitted, the voter is confined in jail.

(1) serving a misdemeanor for a term that ends on or after election day;

(2) pending trial after denial of bail;

(3) without bail pending an appeal of a felony conviction; or

(4) pending trial or appeal on a bailable offense for which release on bail before election day is unlikely.

(B) A voter confined in jail who is eligible for early voting is not entitled to vote by personal appearance unless the authority in charge of the jail, in his discretion, permits the voter to do so."

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

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