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Current Status Bill Number:View additional legislative information at the LPITS web site.4751 Ratification Number:465 Act Number:392 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000308 Primary Sponsor:Fleming All Sponsors:Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser Drafted Document Number:l:\council\bills\psd\7100djc00.doc Date Bill Passed both Bodies:20000620 Date of Last Amendment:20000531 Governor's Action:S Date of Governor's Action:20000801 Subject:Elections, local commissions; campaign participation, Ethics; Voting machines, Poll managers, Voter, Ballots, Candidates History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000824 Act No. A392 ------ 20000801 Signed by Governor ------ 20000622 Ratified R465 House 20000620 Concurred in Senate amendment, enrolled for ratification Senate 20000531 Amended, read third time, returned to House with amendments Senate 20000518 Read second time, notice of general amendments Senate 20000517 Recalled from Committee, 11 SJ placed on the Calendar Senate 20000330 Introduced, read first time, 11 SJ referred to Committee House 20000329 Read third time, sent to Senate House 20000328 Read second time House 20000323 Debate adjourned until Tuesday, 20000328 House 20000309 Recalled from Committee 25 HJ House 20000308 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 9, 2000 - Word format Revised on May 17, 2000 - Word format Revised on May 31, 2000 - Word format
(A392, R465, H4751)
AN ACT TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION; TO AMEND SECTION 7-5-440, AS AMENDED, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION; TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED NOT LATER THAN TWELVE O'CLOCK NOON ON AUGUST THIRTIETH TO THE STATE ELECTION COMMISSION, OR IF AUGUST THIRTIETH FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY; TO AMEND SECTION 7-13-430, AS AMENDED, RELATING TO THE USE OF BALLOTS WHEN VOTING MACHINES ARE NOT USED, SO AS TO REVISE LANGUAGE RELATING TO THE NUMBER OF BALLOTS TO BE PROVIDED WHEN VOTING MACHINES ARE NOT USED AND TO PROVIDE FOR 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 EACH VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO THE NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO CHANGE THE REQUIREMENT FOR ONE VOTING MACHINE FOR EACH THREE HUNDRED FIFTY VOTERS TO TWO HUNDRED FIFTY VOTERS; TO AMEND SECTION 7-13-1750, AS AMENDED, RELATING TO PREPARATION AND EXAMINATION OF VOTING MACHINES FOR AN ELECTION, SO AS TO REQUIRE NOTICE AS TO THE TIME AND PLACE WHERE VOTING MACHINES WILL BE PREPARED FOR AN ELECTION BE MAILED TO EACH POLITICAL PARTY HAVING CERTIFIED CANDIDATES, RATHER THAN TO THE TWO POLITICAL PARTIES WHICH CAST THE HIGHEST AND NEXT HIGHEST NUMBER OF VOTES AT THE PRECEDING GENERAL ELECTION, BEFORE THE MACHINES ARE PREPARED FOR AN ELECTION, AND 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 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 ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO THE LOCKING AND SEALING OF VOTING MACHINES WHEN THE POLLS OF ELECTION ARE CLOSED, SO AS TO PROVIDE FOR LOCKING OR SEALING OF VOTING MACHINES, AND FOR VIEWING AND CERTIFYING THE RESULTS OF ELECTIONS, AND TO PROVIDE FOR THE RETURN OF PROVISIONAL AND FAILSAFE BALLOTS WITH MACHINE RESULTS; TO AMEND SECTION 7-13-1890, RELATING TO KEYS AND LOCKING VOTING MACHINES AFTER AN ELECTION, 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 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 DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW AS WELL AS A PERSON'S SPOUSE, PARENTS, CHILDREN, BROTHERS, AND SISTERS; AND TO REPEAL SECTION 7-13-620, RELATING TO THE NUMBER OF BALLOTS WHEN VOTING MACHINES ARE NOT USED.
Be it enacted by the General Assembly of the State of South Carolina:
Members of local election commissions; when political activity prohibited
SECTION 1. Section 7-13-75 of the 1976 Code, as added by Act 423 of 1996, is amended to read:
"Section 7-13-75. No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority."
Failure to notify county board of voter registration of change in address
SECTION 2. Section 7-5-440(B) of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"(B) A qualified elector who has moved from an address in one precinct to an address in another precinct within the same county, or has moved to another county within the thirty-day period before an election, and who has failed to notify the county board of voter registration of the change of address before the date of an election, at the option of the elector:
(1) must be permitted to correct the voting records and vote provisional ballots containing only the races for federal, statewide, countywide, and municipalwide offices pursuant to the provisions of Section 7-13-830 at the elector's former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place; or
(2) must be permitted to correct the voting records and vote at a central location located at the main office of the county board of voter registration in his new county of residence where a list of eligible voters is maintained, upon written affirmation by the elector of the new address on a standard form provided at the central location."
Certified candidates nominated by petition, primary, or convention shall be placed on ballot; certification of candidates for president and vice president
SECTION 3. Section 7-13-350 of the 1976 Code, as last amended by an act of 2000 bearing ratification number 241, is further amended to read:
"Section 7-13-350. (A) Except as otherwise provided in this section, the nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday; and for a special or municipal general election, by at least twelve o'clock noon on the sixtieth day prior to the date of holding the election, or if the sixtieth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he has filed. Any candidate who does not, or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which he has filed shall not be nominated and certified, and such candidate's name shall not be placed on a general, special, or municipal election ballot.
(B) Candidates for President and Vice President must be certified not later than twelve o'clock noon on August thirtieth to the State Election Commission, or if August thirtieth falls on Sunday, not later than twelve o'clock noon on the following Monday."
Ballots provided when voting machines not used; substitute ballots; penalties
SECTION 4. Section 7-13-430 of the 1976 Code, as amended by Act 331 of 1990, is further 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 a number of ballots 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."
Number of voting machines; type and use; repair; custody
SECTION 5. 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 polling place at least one voting machine for each two hundred fifty registered voters or portion thereof or as near thereto as may be practicable. The machines shall be of the type approved as provided for in this title and shall be kept in complete and accurate working order and in proper repair. The 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."
Preparation of machines for election; party representatives may examine machines
SECTION 6. Section 7-13-1750 of the 1976 Code, as last amended by Act 434 of 1996, is further 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 political parties 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, 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."
Duties of managers prior to opening polls; when machines may not be used for voting purposes
SECTION 7. 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 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, supplies, and voting machine or machines for the conduct of the election. At that time, the managers shall 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. 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 on which shall be written or printed the number of the voting machine, the number of any respective seals, and the number registered on the protective counter device. This envelope shall not be opened until all of the managers of election for the precinct are present at the polling place and have examined the envelope to see that it has not been opened. The 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."
Canvass and return of vote; return of provisional and failsafe ballots
SECTION 8. 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 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 results, and they shall canvass and announce the results, including the votes recorded for each office on the independent ballots. 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 duly certified and sworn to and returned and filed as provided in this title for returning and filing election returns. No tally sheets or return 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 machine results except the provisional and failsafe ballots."
Machines shall remain locked after election; certification of managers of election; verification of results of election
SECTION 9. Section 7-13-1890 of the 1976 Code is amended to read:
"Section 7-13-1890. A sealed envelope having endorsed thereon a certificate of the managers of election stating the number of the machine, the voting precinct, the numbers on the 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 envelope was received. After being locked or sealed by the managers of election, the voting machines shall remain locked or sealed for as long as may be necessary or advisable because of any contest 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."
Definitions
SECTION 10. 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 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, 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."
Repeal
SECTION 11. Section 7-13-620 of the 1976 Code is repealed.
Time effective
SECTION 12. This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 1st day of August, 2000.
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