South Carolina General Assembly
116th Session, 2005-2006

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A339, R407, H3831

STATUS INFORMATION

General Bill
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

Summary: Elections

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

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/31/2005
2/8/2006
3/29/2006
4/4/2006
4/5/2006
4/6/2006
6/1/2006


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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."

Time effective

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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