Current Status Bill Number:4051 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970422 Primary Sponsor:Cromer All Sponsors:Cromer Drafted Document Number:pt\1172dw.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Absentee voting, electronic transmission of election material; federal write-in absentee ballots; Elections
Body Date Action Description Com Leg Involved
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House 19970422 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND ARTICLE 5, CHAPTER 15, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-325 RELATING TO ABSENTEE VOTING SO AS TO PROVIDE FOR ELECTRONIC TRANSMISSION OF ELECTION MATERIAL, EXPAND THE USE OF THE FEDERAL WRITE-IN ABSENTEE BALLOT, AUTHORIZE UNITED STATES CITIZENS WHO ARE NOT RESIDENTS OF THIS STATE TO VOTE IN ELECTIONS FOR FEDERAL OFFICES, AND AUTHORIZE THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION TO DESIGNATE ALTERNATIVE METHODS FOR HANDLING ABSENTEE BALLOTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-325. (A) A person who is a member of the United States Armed Forces or the United States merchant marine, a family member, or is a qualified elector living outside the United States, may apply for registration and an absentee ballot by facsimile if otherwise qualified to apply for and vote by absentee ballot. A board of registration may send and receive facsimile absentee ballot applications and accept voted ballots from eligible electors via facsimile.
(B) If the voter is residing outside the United States or a member of the United States Armed Forces or a family member of a member of the Armed Forces and a qualified elector, he may use the Federal Write-in Absentee Ballot in general, special, primary, and run-off elections for local, state, and federal offices.
(C) If the voter is residing outside the United States, or is a member of the United States Armed Forces, or a family member of a member of the Armed Forces, and a qualified elector, he may use the Federal Write-in Absentee Ballot (FWAB) transmission envelope as a request for registration simultaneously with the submission of the FWAB if:
(1) the information submitted complies with the registration requirements of the State;
(2) the voter is otherwise eligible to vote absentee in the jurisdiction where the request is submitted; and
(3) the request is received by the appropriate state election official not less than thirty days before the election.
(D) If a United States citizen outside the United States who has never lived in the United States has a parent who is a qualified elector, then that person is eligible to register and vote where his parent is a qualified elector.
(E)(1) The Executive Director of the State Election Commission may exercise emergency powers over any election being held in a district in which either a natural disaster or extremely inclement weather has occurred. The executive director may also exercise emergency powers during an armed conflict involving United States Armed Forces, or mobilization of those forces, including State National Guard and Reserve components, or hearing a contest to an election finds that there were errors in the conduct of an election making it impossible to determine the result.
(2) The executive director shall adopt rules describing the emergency powers and the situations in which the powers will be exercised."
SECTION 2. This act takes effect upon approval by the Governor.