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H. 5127
STATUS INFORMATION
General Bill
Sponsors: Reps. Haskins, Barfield, G. Brown, Clemmons, Davenport, Duncan, Herbkersman, J. Hines, Hosey, Keegan, Leach, Lloyd, Mahaffey, Moody-Lawrence, Owens, Pinson, Rice, Richardson, Simrill, G.R. Smith, J.R. Smith, Stille, Taylor, Umphlett and Vaughn
Document Path: l:\council\bills\swb\5952dw04.doc
Introduced in the House on April 14, 2004
Currently residing in the House Committee on Judiciary
Summary: Registering to vote, proof of citizenship required
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/14/2004 House Introduced and read first time HJ-95
4/14/2004 House Referred to Committee on Judiciary HJ-95
5/4/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATION FOR REGISTRATION TO VOTE, SO AS TO REQUIRE DOCUMENTATION SHOWING PROOF OF CITIZENSHIP IN ORDER TO BE REGISTERED; TO AMEND SECTION 7-5-310, AS AMENDED, RELATING TO DEFINITIONS IN MULTIPLE SITE VOTER REGISTRATION PROVISIONS, SO AS TO REQUIRE A VOTER REGISTRATION AGENCY TO SOLICIT DOCUMENTARY EVIDENCE OF CITIZENSHIP WHEN REGISTERING AN APPLICANT; AND TO AMEND SECTION 7-5-320, AS AMENDED, RELATING TO AN APPLICATION FOR A DRIVER'S LICENSE OR A RENEWAL SERVING AS AN APPLICATION FOR VOTER REGISTRATIONS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CITIZENSHIP AS RESIDENCY BY MEANS OF PROPER DOCUMENTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-120 of the 1976 Code, as last amended by Act 408 of 1996, is amended by adding:
"Section 7-5-120. (A) Every citizen of this State and the United States who applies for registration must be registered if he meets the following qualifications:
(1) meets the age qualification as provided in Section 4, Article II of the Constitution of this State;
(2) is not laboring under disabilities named in the Constitution of 1895 of this State; and
(3) is a resident in the county and in the polling precinct in which the elector offers to vote.
(B) a person wishing to register must provide documentation in the form of birth certificate, naturalization documents, or any other acceptable form of proof of citizenship in order to be registered.
(B)(C) A person is disqualified from being registered or voting if he:
(1) is mentally incompetent as adjudicated by a court of competent jurisdiction; or
(2) is serving a term of imprisonment resulting from a conviction of a crime; or
(3) is convicted of a felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned."
SECTION 2. Section 7-5-310(F) of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"(F) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:
(1) distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance the voter registration application form, including a statement that:
(a) specifies each eligibility requirement (including citizenship);
(b) contains an attestation that the applicant meets the requirement; and
(c) requires the signature of the applicant, under penalty of perjury; or
(2) solicit documentary evidence of citizenship in the form of a birth certificate, naturalization papers, or other acceptable form of written proof;
(2)(3)(a) provide a form that includes:
(i) the question, 'If you are not registered to vote where you live now, would you like to apply to register to vote here today?';
(ii) if the agency provides public assistance, the statement, 'Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.';
(iii) boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of subsection (G), together with the statement (in close proximity to the boxes and in prominent type), 'IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.';
(iv) the statement, 'If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.'; and
(v) the statement, 'If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Election Commission.' The name, address, and telephone number of the Executive Director of the State Election Commission must be printed on the form; and
(b) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses the assistance."
SECTION 3. Section 7-5-320(C) of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"(C)(1) The Department of Public Safety, Department of Motor Vehicles, shall include a voter registration form as part of an application for a state motor vehicle driver's license.
(2) The voter registration application portion of an application for a state motor vehicle driver's license:
(a) may not require any information that duplicates information required in the driver's license portion of the form, other than a second signature or other information necessary under subitem (c);
(b) may require only the minimum amount of information necessary to:
( i) prevent duplicate voter registrations; and
(ii) enable a county board of voter registration to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; and
(iii) establish citizenship and residency by means of proper documentation;
(c) includes a statement that:
(i) states each eligibility requirement, including citizenship;
(ii) contains an attestation that the applicant meets each requirement; and
(iii) requires the signature of the applicant under penalty of perjury;
(d) includes in print identical to that used in the attestation portion of the application:
(i) the information required in Section 7-5-320(C)(2)(c);
(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
(iii) a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and
(e) must be made available, as submitted by the applicant, to the county board of voter registration in which the application is made."
SECTION 4. This act takes effect upon approval by the Governor.
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