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A339, R407, H3831
Sponsors: Reps. Talley and Harrison
Document Path: l:\council\bills\dka\3247dw05.doc
Companion/Similar bill(s): 701
Introduced in the House on March 31, 2005
Introduced in the Senate on February 16, 2006
Last Amended on June 1, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 8, 2006, Signed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/31/2005 House Introduced and read first time HJ-10 3/31/2005 House Referred to Committee on Judiciary HJ-10 2/8/2006 House Committee report: Favorable Judiciary HJ-4 2/14/2006 House Read second time HJ-37 2/15/2006 House Read third time and sent to Senate HJ-13 2/16/2006 Senate Introduced and read first time SJ-13 2/16/2006 Senate Referred to Committee on Judiciary SJ-13 3/29/2006 Senate Committee report: Favorable with amendment Judiciary SJ-16 4/4/2006 Senate Amended SJ-61 4/5/2006 Senate Amended SJ-35 4/5/2006 Senate Read second time SJ-35 4/6/2006 Senate Read third time and returned to House with amendments SJ-6 4/6/2006 Scrivener's error corrected 4/20/2006 House Debate adjourned until Tuesday, April 25, 2006 HJ-68 4/25/2006 House Debate adjourned until Wednesday, May 3, 2006 HJ-147 5/3/2006 House Non-concurrence in Senate amendment HJ-31 5/4/2006 Senate Senate insists upon amendment and conference committee appointed Martin, Sheheen, and Campsen SJ-19 5/4/2006 House Conference committee appointed Reps. Talley, Rutherford, and Viers HJ-123 5/30/2006 Senate Conference report adopted SJ-60 6/1/2006 House Conference report received and adopted HJ-70 6/1/2006 House Ordered enrolled for ratification HJ-72 6/7/2006 Ratified R 407 6/8/2006 Signed By Governor 6/12/2006 Copies available 6/12/2006 Effective date See Act for Effective Date 6/16/2006 Act No. 339
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VERSIONS OF THIS BILL
(A339, R407, H3831)
AN ACT TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IF A DESIGNATED POLLING PLACE IN A PRECINCT IS UNAVAILABLE FOR USE DURING AN ELECTION AS A RESULT OF AN EMERGENCY SITUATION, THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION SHALL DESIGNATE AN ALTERNATIVE POLLING PLACE TO BE USED FOR THE ELECTORS IN THAT PRECINCT FOR ANY ELECTION OCCURRING DURING THE EMERGENCY SITUATION, TO PROVIDE THAT THE ALTERNATIVE POLLING PLACE IS NOT REQUIRED TO BE WITHIN THE PRECINCT OF THE ELECTOR'S RESIDENCE UNDER SPECIFIED CIRCUMSTANCES, AND TO PROVIDE THE CONDITIONS AND REQUIREMENTS WHICH MUST BE MET UNDER THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Alternative polling place
SECTION 1. Section 7-7-910 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-7-910. (A) Subject to the provisions of Section 7-7-920 and Section 7-5-440 and except as provided in subsection (B) of this section, each elector must be registered and, unless otherwise specified on his voting certificate, shall vote at the designated polling place within the precinct of his residence, but in incorporated municipalities in which officers are elected by wards or other municipal subdivisions, electors must be registered and shall vote at their designated polling places.
(B)(1) For purposes of this subsection, an 'emergency situation' means the designated polling place is not available for use as a polling place on the election day after the first notice of the election is published.
(2) If a designated polling place in a precinct is unavailable for use during an election as a result of an emergency situation, the authority charged by law with conducting the election shall designate an alternative polling place to be used for the electors in that precinct for any election occurring during the emergency situation. An alternative polling place for an emergency situation must be approved by the majority of the legislative delegation if the designation occurs more than seven days prior to the election. If an alternative polling place for an emergency situation is designated seven days or less prior to the election, the authority charged by law with conducting the election must notify the members of the legislative delegation of the alternative polling place.
(3) The alternative polling place is not required to be within the precinct of the elector's residence; however, the authority charged by law with conducting the election may designate an alternative polling place outside the precinct only if no other location within the precinct is available for use as a polling place. If an alternative polling place is outside the precinct, it must be located in an adjoining precinct. The alternative polling place must be selected with consideration of the distance the electors would be required to travel in order to vote.
(4) Every attempt must be made to notify electors of the alternative polling place before the election and on the day of the election through the media and by posted notice at the designated polling place.
(C) If an alternative polling place outside of the precinct is selected pursuant to subsection (B) of this section, the authority charged by law with conducting the election shall certify in writing to the State Election Commission that no other location within the precinct is available for use as a polling place and that the selection of a polling place was made with consideration of the distance electors would have to travel to vote."
SECTION 2. This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice.
Ratified the 7th day of June, 2006.
Approved the 8th day of June, 2006.
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