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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 31, 2000
H. 4751
Introduced by Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser
S. Printed 5/31/00--S.
Read the first time March 30, 2000.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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."
SECTION 2. Section 7-5-440(B) of the 1976 Code is 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, and 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."
SECTION 3. Section 7-13-350 of the 1976 Code is amended to read:
"Section 7-13-350. (A) Except as otherwise provided in this section, the 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."
SECTION 4. Section 7-13-430 of the 1976 Code is 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 as many a number of ballots as are equal to 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."
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 such polling place at least one voting machine for each three two hundred and fifty registered voters or portion thereof or as near thereto as may be practicable. Such machine The machines shall be of the type approved as herein provided for in this title and shall be kept in complete and accurate working order and in proper repair. The machine 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."
SECTION 6. Section 7-13-1750 of the 1976 Code is 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 two political parties which at the general election next preceding cast the highest and next highest number of votes 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, sealed, 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."
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 three quarters of an hour 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, stationery supplies, and voting machine or machines for the conduct of the election. The managers of election shall then have the voting machines, ballots and stationery required to be delivered to them for such election. At that time, the The managers shall thereupon 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. The keys to the voting machine 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, in a sealed envelope, on which shall be written or printed the number of the voting machine, the number of the seal any respective seals, and the number registered on the protective counter device. The This envelope containing the keys shall not be opened until all of the managers of election for the precinct shall be are present at the polling place and shall have examined the envelope to see that it has not been opened. The machine shall remain locked against the voting until the polls are formally opened and 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 adjust the counters at zero (000) if it can be done by them; if not, they shall make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post such statement upon the wall of the polling room where it shall remain during the day of election, and in making the statement of canvass, they shall subtract such number from the number of registered ballots thereon."
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 and 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 counters results, and they shall canvass and announce the results as shown by the counters, including the votes recorded for each office on the independent ballots, and. 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 entered on a statement of canvass and when so completed shall be compared with the numbers on the counters of the machine. If found to be correct the statements shall be duly certified and sworn to and returned and filed as provided in this Title title for returning and filing election returns. No tally sheets or return blank 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 statement of canvass machine results except the write-in provisional and failsafe ballots."
SECTION 9. Section 7-13-1890 of the 1976 Code is amended to read:
"Section 7-13-1890. The keys of the voting machine shall be enclosed in a A sealed envelope having endorsed thereon a certificate of the managers of election stating the number of the machine, the voting precinct, the number numbers on the seal 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 keys were the envelope was received. After being locked or sealed by the managers of election, the voting machines shall remain locked or sealed for the period of thirty days or as much longer long as may be necessary or advisable because of any threatened contest over 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."
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 residencies 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, or 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."
SECTION 11. Section 7-13-620 of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the Governor.
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