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H. 4740
STATUS INFORMATION
General Bill
Sponsors: Reps. Ceips, E.H. Pitts, Harrison and Talley
Document Path: l:\council\bills\ggs\22446sj06.doc
Introduced in the House on March 1, 2006
Currently residing in the House Committee on Judiciary
Summary: Floyd D. Spence Veterans and Overseas Electors Voting Rights Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2006 House Introduced and read first time HJ-2
3/1/2006 House Referred to Committee on Judiciary HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE FLOYD D. SPENCE VETERANS AND OVERSEAS ELECTORS VOTING RIGHTS ACT OF 2006, BY ADDING SECTION 7-15-465 SO AS TO ALLOW CERTAIN QUALIFIED ELECTORS LIVING OUTSIDE THE UNITED STATES TO REGISTER TO VOTE, APPLY FOR A BALLOT, AND VOTE BY ELECTRONIC TRANSMISSION AND PROVIDE THAT THE ELECTION COMMISSION MAY SEND AND RECEIVE VOTER REGISTRATION FORMS AND ABSENTEE BALLOT APPLICATIONS AND ACCEPT BALLOTS FROM ELIGIBLE ELECTORS VIA ELECTRONIC TRANSMISSION; BY ADDING ARTICLES 9 AND 11 TO CHAPTER 15 OF TITLE 7 SO AS TO PROVIDE FOR THE USE OF STATE AND FEDERAL WRITE-IN ABSENTEE BALLOTS TO BE USED IN GENERAL, SPECIAL, PRIMARY, AND RUN-OFF ELECTIONS FOR LOCAL, STATE, AND FEDERAL ELECTIONS, PROVIDE FOR THE ELECTRONIC TRANSMITTAL OF THE BALLOTS, PROVIDE THAT THE STATE ELECTION COMMISSION SHALL PROMULGATE REGULATIONS DETERMINING THE FORMAT OF THE STATE WRITE-IN ABSENTEE BALLOT, PROVIDE THE PROCEDURE FOR FILLING OUT A WRITE-IN ABSENTEE BALLOT, PROVIDE CERTAIN PEOPLE WHO MAY ADMINISTER OATHS, AND PROVIDE FOR REPORTING OF THE NUMBER OF THESE BALLOTS SENT OUT AND RECEIVED; AND TO REPEAL SECTION 7-15-460 RELATING TO THE ELECTRONIC TRANSMISSION OF CERTAIN APPLICATIONS AND BALLOTS IN THE EVENT OF AN EMERGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Floyd D. Spence Veterans and Overseas Electors Voting Rights Act of 2006".
SECTION 2. Article 7, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-465. (A) Notwithstanding the provisions of law requiring paper applications and paper ballots, a qualified elector who is living outside the United States may register to vote, apply for a ballot, and vote by electronic transmission if he is otherwise qualified to register, apply for, and vote by absentee ballot and is a:
(1) member of the Armed Forces or Merchant Marines of the United States;
(2) person serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States; or
(3) spouse or dependent living with the person in item (1) or (2).
(B) The Election Commission may send and receive voter registration forms and absentee ballot applications and accept ballots from eligible electors via electronic transmission. The electronic ballots must comply with all other requirements of paper ballots except that a signature is not required on electronic transmittals."
SECTION 3. Chapter 15, Title 7 of the 1976 Code is amended by adding:
Section 7-15-610. This article applies to a qualified elector residing outside the United States who is a:
(1) member of the Armed Forces or Merchant Marines of the United States;
(2) person serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States; or
(3) spouse or dependent living with the person in item (1) or (2).
Section 7-15-620. (A) Within one hundred eighty days before a general election, a qualified elector residing outside the United States may request a State Write-In Absentee Ballot from the county election commission in the county in which he is a registered voter.
(B) The State Election Commission shall promulgate regulations determining the form of the State Write-In Absentee Ballot.
(C) The State Write-In Absentee Ballot may be used in general, special, primary, and run-off elections for local, state, and federal elections.
Section 7-15-630. If a qualified elector residing outside the United States includes an email address on his request for a State Write-In Absentee Ballot, the county election commission shall inform the elector of the names of candidates who will be on the ballots via email. The county election commission shall email the voter the list of candidates for the primary and general election not later than thirty days before each election.
Section 7-15-640. A qualified elector residing outside the United States may use the Federal Write-In Absentee Ballot in general, special, primary, and run-off elections for local, state, and federal elections.
Section 7-15-650. A qualified elector residing outside the United States may use the Federal Write-In Absentee Ballot transmission envelope as a request for registration simultaneously with the cast of his ballot if the:
(1) information submitted complies with the registration requirements of the State;
(2) voter is otherwise eligible to vote absentee in the jurisdiction where the request is submitted; and
(3) request is received by the State Election Commission not less than thirty days before the election.
Section 7-15-660. (A) In completing a State or Federal Write-In Absentee Ballot:
(1) a qualified elector may designate his choice by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot must be counted for the candidate of that political party, if there is a candidate for that party on the ballot.
(2) any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party must be disregarded in determining the validity of the ballot if there is a clear indication on the ballot that the voter has made a definite choice.
(B) For State or Federal Write-In Absentee Ballots received from qualified electors pursuant to this article, there is a presumption that the envelope was mailed on the date stated on the outside of the return envelope, regardless of the absence of a postmark on the mailed envelope or the existence of a postmark date that is later than the date of the election.
Section 7-15-670. For purposes of this article, oaths may be administered and attested by a commissioned officer in the active service of the United States Armed Forces, a member of the United States Merchant Marines designated for this purpose by the Secretary of Commerce, a civilian official empowered by state or federal law to administer oaths, an employee of an election commission empowered to administer oaths, or a civilian employee designated by the head of a department or agency of the United States, except when another official is specifically named to administer an oath.
Section 7-15-810. (A) Within sixty days after the date of each regularly scheduled federal general election, each county election commission shall report to the State Election Commission the number of regular absentee ballots:
(1) transmitted by the election commission to qualified electors for that election; and
(2) cast and returned to the election commission from qualified electors for that election.
(B) Within ninety days after the date of each regularly scheduled federal general election, the State Election Commission shall report to the Federal Election Assistance Commission a statewide report containing the information reported pursuant to subsection (A). The report must be made in the format prescribed by the Federal Election Assistance Commission."
SECTION 4. Section 7-15-460 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.
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