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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 4, 2006
H. 3414
S. Printed 4/4/06--S.
Read the first time February 1, 2006.
TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-15-420 of the 1976 Code, as last amended by Act 227 of 1996, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. 9:00 a.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. Beginning at 9:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope may must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed."
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.
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