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COMMITTEE REPORT
February 17, 1999
S. 373
S. Printed 2/17/99--S.
Read the first time January 20, 1999.
To whom was referred a Bill (S. 373), to amend the Code of Laws of South Carolina, 1976, by adding Section 7-1-25, so as to define the word resident for voting purposes, 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD RESIDENT FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-1-25. (A) A person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile.
(B) For voting purposes, a person has changed his domicile if he (1) has abandoned his prior home and (2) has established a new home, has a present intention to make that place his home, and has no present intention to leave that place.
(C) For voting purposes, a spouse may establish a separate domicile."
SECTION 2. Section 7-5-230 of the 1976 Code is amended to read:
"Section 7-5-230. The boards of registration to be appointed under Section 7-5-10 shall be the judges of the legal qualifications of all applicants for registration. The board is empowered to require proof of these qualifications as it considers necessary.
Once a person is registered, challenges of the qualifications of any elector, except for challenges issued at the polls pursuant to Sections 7-13-810, 7-13-820, and 7-15-420 must be made in writing to the board of registration in the county of registration. The board must, within ten days following the challenge and after first giving notice to the elector and the challenger, hold a hearing, accept evidence, and rule upon whether the elector meets or fails to meet the qualifications set forth in Section 7-5-120.
When a challenge is made regarding the residence of an elector, the board may consider the following proof to establish residence, including, but not limited to, income tax returns; real estate interests; mailing address; address on driver's license; official papers and documents requiring the statement of residence address; automobile registration; checking and savings accounts; past voting record; membership in clubs and organizations; location of personal property; residence of spouse if married; and the elector's statements as to his intent.
Any person denied registration or restoration of his name on the registration books shall have the right of appeal from the decision of the board of registration denying him registration or such restoration to the court of common pleas of the county or any judge thereof and thence subsequently to the Supreme Court."
SECTION 3. The 1976 Code is amended by adding:
"Section 7-5-325. Any change of address submitted by an elector for registration or voting purposes as provided by Sections 7-5-320(D), 7-5-330(F)(2)(a), and 7-5-440, and any other written notification of change of address signed by an elector are considered to be given under oath. An elector convicted of fraudulently providing such change of address is guilty of violating Section 7-25-10 and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 4. This act takes effect upon approval by the Governor.
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