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COMMITTEE REPORT
April 3, 2002
H. 3789
Introduced by Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young
S. Printed 4/3/02--S.
Read the first time May 14, 2001.
To whom was referred a Bill (H. 3789) to amend the Code of Laws of South Carolina, 1976, by adding Section 7-5-15 so as to provide that all members of county boards of registration, 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 all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 7-5-15. (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of four years. A majority minus one of the members must be appointed for terms of two years and the remaining members must be appointed for terms of four years to establish staggered terms. All terms begin on the date of appointment and end on March thirty-first of the year the term ends.
(B) A member of a county board of registration, county election commission, or a combined county board of registration and county election commission may be removed for cause by the Governor pursuant to Section 1-3-240(C).
(C) Nothing in this section prohibits a legislative delegation from recommending to the Governor the removal of a board or commission member pursuant to Section 7-13-70."
SECTION 2. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-25. (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor.
(B) No later than February fifteenth of every even-numbered year, the State Election Commission must report to the Governor and the respective legislative delegation or other recommending authority the progress of the officials named in subsection (A) of this section toward completion of the training and certification requirements applicable to these officials."
SECTION 3 Section 7-11-210 of the 1976 Code is amended to read:
"Section 7-11-210. Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall must file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.
Every candidate for selection in a primary election or convention as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall must file with and place in the possession of the county chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary or convention must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in on behalf of a candidate shall is not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election or convention shall thereafter offer offers or campaign campaigns as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall must forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."
SECTION 4. Section 7-13-110 of the 1976 Code, as last amended by Act 337 of 2000, is further amended to read:
"Section 7-13-110. All managers of election for the various polling places in the State must be residents and registered electors of the respective counties in which they are appointed to work or in an adjoining county. Any A person at least sixteen years of age who has completed the training required by Section 7-13-72, who is a resident of the State, and who is not otherwise disqualified by law may be appointed as a poll manager's assistant by the appropriate county election commission. A sixteen- or seventeen-year-old appointed as a poll manager's assistant may shall not serve as chairman of the managers or clerk in the polling place to which he or she are appointed. Sixteen- and seventeen-year-olds must serve under supervision of the chairman of the managers of the polling place, and their specific duties must
be prescribed by the county election commission. One sixteen- or seventeen-year-old assistant poll manager may be appointed for every two regular poll workers appointed to work in a precinct."
SECTION 5. Section 7-13-190(B) of the 1976 Code is amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to before, or no more than fifteen days after the general election, the special election shall must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION 6. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, and other similar district offices, but which specifically excludes soil conservation district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, members of a governing body must be elected in elections to be conducted on the first Tuesday following the first Monday in April or November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner as provided in this article.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in April or November.
(C) Members of a soil conservation district must be elected at the time of the general election.
Section 7-13-220. If a member of a governing body, as defined in this article, is currently elected at the time of the general election or on the first Tuesday following the first Monday in November in an odd-numbered year, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body, as defined in this article, currently elected in a nonpartisan election as provided by law must continue to be elected in that manner, except that the date of the nonpartisan election must be at the same time in the odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall must continue to be elected from the district at large, from specified
election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body.
Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held on a Tuesday.
Section 7-13-310. A referendum on the question of raising the millage limit of a governing body must be held on a Tuesday."
SECTION 7. Section 7-13-860 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election, may appoint a watcher for any voting place where his name appears on the ballot. However, in any general or special election, all candidates who are certified by a political party must be jointly represented at each polling place by not more than two watchers from the party for each one thousand registered voters or fraction thereof registered at the polling place. Each watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch State, and must be certified, in writing, to the managers of the voting precinct to which assigned. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official. Watchers must, at all times, wear visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No watcher may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 8. The 1976 Code is amended by adding:
"Section 7-13-1115. (A) Hand counts of election results may only be conducted if the machine used for the original count malfunctions, and that malfunction is certified by the State Election Commission. The State Election Commission must also certify that the hand count is necessary. If another machine can be substituted for the malfunctioning machine within forty-eight hours of the discovery of the malfunction, the substituted machine must be used and the necessity of the hand count may not be certified. All hand counts must be conducted at the direction of the State Election Commission.
(B) The State Election Commission is directed to establish policies and procedures for all recounts which must be followed by local election commissions."
SECTION 9. Section 7-13-1120 of the 1976 Code is amended to read:
"Section 7-13-1120. (A) If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall must not be counted for such the office; but this shall does not vitiate the ballot, so far as properly marked. Nothing herein in this section shall may be construed to prevent any voter in a general or special election from voting for any qualified person, other than those whose names are printed on the ballot, by writing in the name of the person opposite the office.
(B) The integrity of the ballot is the voter's responsibility. If a hand count is conducted pursuant to Section 7-13-1115, the intent of the voter must be clear from the face of the ballot pursuant to policies and procedures established by the State Election Commission."
SECTION 10. Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1340. No vote recorder or optical scan voting device shall may be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such the candidates as may be nominated and upon such the questions as may be submitted;
(b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) It shall permit permits each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;
(e) When when used in conjunction with a tabulating machine, it shall must preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall must preclude the counting of votes for more persons for any office than he is entitled to vote for or for fewer than he is required to vote for, and shall must preclude the counting of votes for any candidate for the same office or upon any question more than once;
(f) It shall must permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall must be constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, must when properly operated, record correctly and accurately every vote cast;
(i) It shall must be so constructed that an elector may readily learn the method of operating it; and
(j) It shall must be safely transportable. and
(k) If if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION 11. The 1976 Code is amended by adding:
"Section 7-13-1885. As part of the canvassing and announcement of the results an election required by Section 7-13-1880, the entity charged by law with conducting the election shall must report the aggregate number of electors signing the poll list. This number must be included in the report of the entity
charged by law with conducting the election to the State Election Commission."
SECTION 12. 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. 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. A 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 must 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 13. The 1976 Code is amended by adding:
"Section 7-15-335. Before each primary for the general election and the general election, the county board of registration or a trained and certified designee of the board shall must, 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, and in cases where electronic machines are not utilized, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing the voted ballots in the ballot box provided. Where electronic machines are utilized, policies and procedures established by the State Election Commission must be followed. 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 14. Section 7-17-10 of the 1976 Code is amended to read:
"Section 7-17-10. The commissioners of election for Governor, Lieutenant Governor, State state officers, circuit solicitors, members of the General Assembly and county officers or any of such these officers shall must meet in some convenient place at the county seat on the Thursday Friday next following the election, before one o'clock in the afternoon of that day, and shall must proceed to organize as and shall be the county board of canvassers. They may appoint some competent person as secretary. The
chairman shall must then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall must administer the constitutional oath to the secretary, and the secretary shall must administer to the chairman the same oath that he shall have has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of such these officers shall must likewise meet at the same time at the county seat and shall must in like the same manner proceed to organize as and shall be the county board of canvassers for the election of the Federal federal officers aforesaid."
SECTION 15. This act takes effect January 1, 2003, except that SECTION 6 takes effect November 2003. /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
EXPLANATION OF IMPACT:
The State Election Commission states there would not be a fiscal impact on the agency, the General Fund of the State or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
The counties have responded that there would be a minimal fiscal impact associated with the passage of this Bill, which can be absorbed within existing resources.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; 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; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 7-5-15. (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of two years. All terms begin on the date of appointment and end on March thirty-one of the year the term ends.
(B) A member of a county board of registration, county election commission, or a combined county board of registration and county election commission may be removed for cause by the Governor upon recommendation of the State Election Commission.
(C) Nothing in this section may be construed to prevent a legislative delegation from recommending to the Governor the removal of a board or commission member pursuant to Section 7-13-70."
SECTION 2. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-25. (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor.
(B) No later than February fifteenth of every even-numbered year, the State Election Commission shall report to the Governor and the respective legislative delegation or other recommending authority the progress of the officials named in subsection (A) of this section toward completion of the training and certification requirements applicable to these officials."
SECTION 3. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, soil conservation, and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2002 and every year thereafter as appropriate, members of a governing body must be elected in elections to be conducted at the same time as the general election or on the first Tuesday following the first Monday in November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article at the general election.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in November.
Section 7-13-220. If a member of a governing body is currently elected at the time of the general election or on the first Tuesday following the first Monday in November, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body currently elected in a nonpartisan election as provided by law shall continue to be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered or odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body.
Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year."
SECTION 4. The 1976 Code is amended by adding:
"Section 7-13-1115. (A) Hand counts of election results may only be conducted if the machine used for the original count malfunctions and that malfunction is certified by the State Election Commission. The State Election Commission must also certify that the hand count is necessary. If another machine can be substituted for the malfunctioning machine within forty-eight hours of the discovery of the malfunction, the substituted machine must be used and the necessity of the hand count may not be certified. All hand counts must be conducted at the direction of the State Election Commission.
(B) The State Election Commission is directed to establish policies and procedures for all recounts which must be followed by local election commissions."
SECTION 5. The 1976 Code is amended by adding:
"Section 7-17-75. (A) For purposes of this section:
(1) 'Frivolous' means the basis or factual content of the protest, excluding technical aspects, is of no significance for purposes of stating a claim upon which relief may be granted.
(2) 'Without merit' means without credible evidence that the election law or a candidate's rights in an election have been violated in a manner or to the degree necessary to change the outcome of the election.
(B) If a candidate protests an election on any ground other than the disparity of the number of ballots cast, and if the board hearing the protest determines the protest was frivolous and without merit, the losing candidate who filed the frivolous protest is liable to the winning candidate and to the board hearing the protest for all costs incurred by the winning candidate in connection with the protest, and for all administrative costs incurred by the board in connection with hearing the protest, respectively."
SECTION 6. The 1976 Code is amended by adding:
"Section 7-15-335. Before each primary for the general election and the general 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 the 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 7. The 1976 Code is amended by adding:
"Section 7-15-470. Notwithstanding the provisions of this chapter, a county board of registration may use other methods of voting by absentee ballot instead of by paper ballot. No voting machine or voting system, other than a paper-based system, may be used for in-person absentee voting that has not received written certification from the State Election Commission that the voting machine or voting system meets all statutory requirements for use in the State and certification that the machine can be secured against voting at times other than business hours of the county board of registration, that the results of elections can be held secure from release until the time for counting ballots at any polling place, and votes cast using the machine can be challenged and held secure until the hearing on challenged ballots required by Section 7-13-830 is held. The State Election Commission must develop standards and guidelines for these purposes."
SECTION 8. Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to before, or no more than fifteen days after the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION 9. Section 7-13-860 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election, may appoint a watcher for any voting place where his name appears on the ballot. However, in any general or special election, all candidates who are certified by a political party must be jointly represented at each polling place by not more than two watchers from the party for each one thousand registered voters or fraction thereof registered at the polling place. Each watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch State, and must be certified, in writing, to the managers of the voting precinct to which assigned. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official. Watchers must, at all times, wear visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No watcher may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 10. Section 7-13-1120 of the 1976 Code is amended to read:
"Section 7-13-1120. (A) If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall must not be counted for such the office; but this shall not vitiate the ballot, so far as properly marked. Nothing herein in this section shall may be construed to prevent any voter in a general or special election from voting for any qualified person, other than those whose names are printed on the ballot, by writing in the name of the person opposite the office.
(B) The integrity of the ballot is the voter's responsibility. If a hand count, pursuant to Section 7-13-1115, is conducted the intent of the voter must be clear from the face of the ballot pursuant to policies and procedures established by the State Election Commission."
SECTION 11. Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1340. No vote recorder or optical scan voting device shall may be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such the candidates as may be nominated and upon such the questions as may be submitted;
(b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) It shall permit permits each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;
(e) When when used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude the counting of votes for more persons for any office than he is entitled to vote for or for fewer than he is required to vote for, and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(f) It shall permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall must be constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, when properly operated, record correctly and accurately every vote cast;
(i) It shall must be so constructed that an elector may readily learn the method of operating it; and
(j) It shall must be safely transportable. and
(k) If if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION 12. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, 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 before 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. A 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 13. The 1976 Code is amended by adding:
"Section 7-13-1885. As part of the canvassing and announcement of the results an election required by Section 7-13-1880, the entity charged by law with conducting the election shall report the aggregate number of electors signing the poll list. This number must be included in the report of the entity charged by law with conducting the election to the State Election Commission."
SECTION 14. Section 7-13-110 of the 1976 Code, as last amended by Act 337 of 2000, is further amended to read:
"Section 7-13-110. All managers of election for the various polling places in the State must be residents and registered electors of the respective counties in which they are appointed to work or in an adjoining county. Any A person at least sixteen years of age who has completed the training required by Section 7-13-72 and who is not otherwise disqualified by law may be appointed as a poll manager's assistant by the appropriate county election commission. Sixteen and seventeen-year-olds A sixteen or seventeen-year-old appointed as a poll manager's assistants assistant may not serve as chairman of the managers or clerk in the polling place to which they are appointed. They Sixteen and seventeen-year-olds must serve under supervision of the chairman of the managers of the polling place, and their specific duties must be prescribed by the county election commission. No polling place in this State may employ more than one One sixteen or seventeen-year-old assistant poll manager may be appointed for every two regular poll workers appointed to work in a precinct."
SECTION 15. The 1976 Code is amended by adding:
"Section 7-13-310. A referendum on the question of raising the millage limit of a governing body must be held either at the time of the general election or on the first Tuesday following the first Monday in November of an odd-numbered year."
SECTION 16. This act takes effect January 1, 2003.
This web page was last updated on Thursday, June 25, 2009 at 2:15 P.M.