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COMMITTEE REPORT
April 4, 2001
H. 3404
S. Printed 4/4/01--H.
Read the first time January 31, 2001.
To whom was referred a Bill (H. 3404) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ 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." /
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Judicial Department has indicated that there would be a minimal cost to the General Fund of the State, which can be absorbed by the agency at its current level of funding. However, if the number of cases based upon these new criminal guidelines exceeds what their current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $314,428 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county government.
Approved By:
Don Addy
Office of State Budget
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.
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 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 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 7-25-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 7-25-60. (A) It is unlawful for a person at any election to:
(1) procure, or offer or propose to procure, another, by the payment, delivery, or promise of money or other article of value, to register or to vote for or against any particular candidate or measure; or
(2) register or to vote, offer, or propose to vote for or against any particular candidate or measure for the consideration of money or other article of value paid, delivered, or promised, vote or offer or propose to vote for or against any particular candidate or measure.
(B) A person who violates the provisions of this section is guilty of a felony. Upon conviction for a first offense, the person must be fined in the discretion of the court and imprisoned not more than five years. Upon conviction for a second or subsequent offense, the person must be fined in the discretion of the court and imprisoned not more than ten years."
SECTION 5. 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 6. This act takes effect upon approval by the Governor.
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