South Carolina General Assembly
114th Session, 2001-2002

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Bill 3404


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3404
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010131
Primary Sponsor:                  Fleming
All Sponsors:                     Fleming
Drafted Document Number:          l:\council\bills\pt\1167dw01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20020117
Subject:                          Voter registration, fraudulent; enticing 
                                  person to register by bribery, threats; Crimes 
                                  and Offenses, Elections, Ethics


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020529  Recommitted to Committee               11 SJ
Senate  20020117  Amended, read second time
Senate  20020116  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010417  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010412  Read third time, sent to Senate
House   20010411  Amended, read second time, 
                  unanimous consent for third reading 
                  on Thursday, 20010412
House   20010404  Committee report: Favorable            25 HJ
                  with amendment
House   20010131  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 4, 2001 - Word format
Revised on April 11, 2001 - Word format
Revised on January 16, 2002 - Word format
Revised on January 17, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

January 17, 2002

    H. 3404

Introduced by Rep. Fleming

S. Printed 1/17/02--S.

Read the first time April 17, 2001.

            

A BILL

TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 7-25-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

    "Section 7-25-10.    It is unlawful for a person to falsely swear knowingly make false statements in making an application for registration under this chapter. A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three five years, or both."

SECTION    2.    Section 7-25-20 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

    "Section 7-25-20.    (A)    It is unlawful for a person to fraudulently:

        (1)    procure the registration of a name on the books of registration;

        (2)    offer or attempt to vote that name;

        (3)    offer or attempt to vote in violation of this title or under any false pretense as to circumstances affecting his qualifications to vote; or

        (4)    aid, counsel, or abet another in fraudulent registration or fraudulent offer or attempt to vote.

    (B)    A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars in the discretion of the court or imprisoned not more than one year ten years, or both."

SECTION    3.    Section 7-25-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

    "Section 7-25-50.    It is unlawful for a person to procure, by the payment, delivery, or promise of money or other article of value, another to register or to vote for or against any particular candidate or measure at any election held within this State, whether general, special, or primary, for members of the Congress of the United States, members of the General Assembly of this State, sheriff, clerk, judge of probate or other county officer, mayor, and aldermen of any city or intendant and wardens of any incorporated town, or at any other election held within this State. It is also unlawful for a person to accept such procurements. The person promising and the person   registering or voting are each guilty of a felony and, upon conviction, for the first offense, must be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned not more than five years. Upon conviction for a second or subsequent offense, the person must be fined not less than five hundred dollars nor more than five thousand dollars and imprisoned not more than ten years."

SECTION    4.    Section 7-25-70 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

    "Section 7-25-70.    It is unlawful for a person, by threats or any other form of intimidation, to procure, offer, or promise to endeavor to procure another to register or to vote for or against any particular candidate in any election. A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars in the discretion of the court or imprisoned not more than three ten years, or both."

SECTION    5.    This act takes effect upon approval by the Governor.

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