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S. 863
STATUS INFORMATION
General Bill
Sponsors: Senators Fair, Thomas and Richardson
Document Path: l:\council\bills\dka\3721dw04.doc
Introduced in the Senate on January 27, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Political party affiliations and requirements for voting in certain partisan elections
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/27/2004 Senate Introduced and read first time SJ-2 1/27/2004 Senate Referred to Committee on Judiciary SJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-110 of the 1976 Code is amended to read:
"Section 7-5-110. (A) No A person shall be is not allowed to vote at any election unless he shall be is registered as herein required by the provisions of this chapter.
(B) A person is not allowed to vote in a partisan primary election, partisan presidential primary election, or partisan advisory referendum unless he:
(1) has registered as being a member of that party; or
(2) has executed an affidavit at the polling place for the primary affirming that he is a member of that party."
SECTION 2. Section 7-5-170 of the 1976 Code, as last amended by Act 90 of 1993, is further amended to read:
"Section 7-5-170. (1) Written application required. -- No A person may not be registered to vote except upon written application which shall become that becomes a part of the permanent records of the board to which it is presented and must be open to public inspection.
(2) Form of application. -- The application must be on a form prescribed and provided by the executive director and shall must contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, political party affiliation, if any, and location of prior voter registration. The applicant must shall affirm that he is not under a court order declaring him mentally incompetent, confined in any public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must shall take the following oath: 'I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that I am a member of the ...... political party. (I understand that if I do not fill in a political party affiliation that I will not be permitted to vote in that party's primary unless I execute an affidavit declaring my affiliation with that party at its primary or advisory referendum.) I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' Any applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense.
(3) Administration of oaths. -- Any A member of the registration board, deputy registrar, or any a registration clerk must be qualified to administer oaths in connection with the application.
(4) Decisions on applications. -- Any A member of the registration board, deputy registrar, or registration clerk may pass on the qualifications of the prospective voter. In case of a question of an applicant being refused registration, at least one member of the board shall pass on the qualifications of the voter. A concise statement of the reasons for the refusal must be written on the application."
SECTION 3. Section 7-9-20 of the 1976 Code is amended to read:
"Section 7-9-20. (A) The qualifications for membership in a certified party and for voting at a party primary election include the following:
(1) the applicant for membership, or voter, must be at least eighteen years of age or become so before the succeeding general election,; and
(2) must be a registered elector, and a citizen of the United States, and of this State.; and
(3) has registered as a member of the certified party or executed an affidavit at the polling place for the primary affirming that he is a member of that party.
(B) No A person may not belong to any a party club or vote in any a primary unless he is a registered elector and a member of that party. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if such the qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States."
SECTION 4. This act takes effect upon approval by the Governor.
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