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TO AMEND SECTION 26-1-10 OF THE 1976 CODE, RELATING TO THE APPOINTMENT AND TERM OF NOTARIES PUBLIC, TO CHANGE THE APPOINTING OFFICIAL FROM THE GOVERNOR TO THE SECRETARY OF STATE; TO AMEND SECTION 26-1-20, RELATING TO THE ENDORSEMENT OF NOTARY PUBLIC APPLICATIONS, TO PROVIDE THAT AN APPLICANT FOR THE OFFICE OF NOTARY PUBLIC MUST HAVE HIS APPLICATION ENDORSED BY THE CLERK OF COURT OR HIS DESIGNEE; AND TO REPEAL SECTION 26-1-25.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 26-1-10 of the 1976 Code is amended to read:
"Section 26-1-20. The Governor Secretary of State may appoint from the qualified electors as many notaries public throughout the State as the public good shall require, to hold their offices for a term of ten years. A commission shall be issued to each notary public so appointed and the record of such appointment shall be filed in the office of the Secretary of State. All commissions issued or renewed after July 1, 1967 shall be for the specified term. All commissions issued prior to July 1, 1967, unless renewed for the term herein provided, shall expire and terminate on January 1, 1970 for any person whose last name begins with A through K and on January 1, 1971 for any person whose last name begins with L through Z."
SECTION 2. Section 26-1-20 of the 1976 Code is amended to read:
"Section 26-1-20. Each county legislative delegation shall determine whether the endorsement of notaries public must be by (1) one-half of the members of the legislative delegation representing that county in which the applicant resides or, (2) endorsement by the Senator and Representative in whose district the applicant resides, without other endorsers. Each county legislative delegation shall notify the Secretary of State in writing if it chooses to utilize method (2) within the individual county. If the county legislative delegation chooses to utilize method (2), the applicant, Senator, and Representative shall indicate their respective districts on the application provided to the Secretary of State. If the office of Senator or Representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides. An applicant for the office of notary public must have his application endorsed by the clerk of court or his designee of the county in which the applicant resides. The applicant must certify before the clerk of court or his designee under penalty of perjury that he is a registered elector of the county in which he resides. The applicant must also provide his voter registration number on the application and attach a copy of his voter registration card. The applicant must then forward the endorsed completed application to the Secretary of State's office for processing. The Secretary of State shall design and make available an application form that complies with the requirements of this section."
SECTION 3. Section 26-1-25 of the 1976 Code is repealed.
SECTION 4. This act takes effect July 1, 2005 and applies to all applications for appointment made on or after the effective date.
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