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Current Status Bill Number:View additional legislative information at the LPITS web site.695 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990407 Primary Sponsor:Holland All Sponsors:Holland and Wilson Drafted Document Number:l:\s-jud\bills\holland\jud0047.dhh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Absentee ballots, approved approved by Elections Commission; voters of residential care facilities may apply for History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000502 Recommitted to Committee 11 SJ Senate 19990427 Read second time Senate 19990420 Committee report: Favorable 11 SJ Senate 19990407 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 20, 1999 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 20, 1999
S. 695
S. Printed 4/20/99--S.
Read the first time April 7, 1999.
To whom was referred a Bill (S. 695), to amend Section 7-15-330, Code of Laws of South Carolina, 1976, relating to the time of application for an absentee ballot, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
DONALD H. HOLLAND, for Committee.
TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE; TO AMEND THE CODE BY ADDING SECTION 7-15-335, SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-15-330 of the 1976 Code is amended to read:
"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail in writing from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. Any form for requesting an application for an absentee ballot that is produced and distributed by a candidate or political party must be approved by the State Election Commission prior to its use. The commission's written approval and a copy of the form must be on file at the commission's office and available for public inspection. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail in writing only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. Any person who represents himself as an authorized representative for a qualified elector who fraudulently signs the required oath is in violation of Section 7-25-190 and, upon conviction, is subject to the penalties for that offense. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later.
A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration.
The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person Any voter who violates the provisions of this section is subject to the penalties provided for in Section 7-25-170 7-25-20.
SECTION 2. The 1976 Code is amended by adding:
"Section 7-15-335. Before each election, the county board of registration or a trained and certified designee of the board shall, after prior notification, visit each nursing home or assisted living facility in the county, and offer residents who are qualified the opportunity to apply for an absentee ballot. If the voter needs assistance in completing the application, the board member or designee must provide such assistance and return the completed application to the office of the voter registration board. After determining qualification, the board member or designee must deliver the appropriate absentee ballots to each applicant, provide assistance if necessary and requested, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing such voted ballots in the ballot box provided. All provisions and safeguards established by law regarding absentee voting that are not in conflict with this section are not affected by these provisions."
SECTION 3. This act takes effect upon approval by the Governor.
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