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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Haskins
Document Path: l:\council\bills\nbd\11062ac07.doc
Introduced in the House on January 24, 2007
Currently residing in the House Committee on Judiciary
Summary: Voter registration
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/24/2007 House Introduced and read first time HJ-11 1/24/2007 House Referred to Committee on Judiciary HJ-12 1/25/2007 House Member(s) request name added as sponsor: Gullick
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO REQUIRE A PERSON TO SUBMIT PROOF OF CITIZENSHIP; AND TO ADD SECTION 7-5-123 SO AS TO PROVIDE THAT PROOF OF CITIZENSHIP WHEN REGISTERING TO VOTE, INCLUDES A UNITED STATES PASSPORT, A BIRTH CERTIFICATE, UNITED STATES NATURALIZATION DOCUMENTATION, OR ANY DOCUMENT OR METHOD OF PROOF OF CITIZENSHIP PROVIDED FOR IN FEDERAL LAW, TO EXEMPT PERSONS REGISTERED TO VOTE AS OF JULY 1, 2007, AND TO PROVIDE THAT PROOF OF CITIZENSHIP IS NOT REQUIRED WHEN THE ELECTOR MOVES OR CHANGES HIS OR HER NAME; TO AMEND SECTION 7-5-320, RELATING TO APPLICATIONS FOR MOTOR VEHICLE LICENSES AND RENEWALS SERVING AS AN APPLICATION FOR VOTER REGISTRATION, SO AS TO STATE ON THE VOTER REGISTRATION PORTION OF THE APPLICATION THE DOCUMENTATION REQUIRED FOR PROOF OF CITIZENSHIP, WHICH MUST ACCOMPANY THE APPLICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-120(A) of the 1976 Code, as last amended by Act 408 of 1996, is further amended to read:
"(A) Every citizen of this State and the United States who applies for registration must be registered if he meets the following qualifications:
(1) meets the age qualification as provided in Section 4, Article II of the Constitution of this State;
(2) is not laboring under disabilities named in the Constitution of 1895 of this State;
(3) is a resident in the county and in the polling precinct in which the elector offers to vote
(4) provides proof of citizenship pursuant to Section 7-5-123."
SECTION 2. Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-123. (A) The county board of registration must not register a person applying for registration to vote unless the person submits proof of citizenship to the county board of registration.
(B) To prove citizenship a person must provide to the county board any one of the following:
(1) a valid United States passport or a legible photocopy of the pertinent pages of the person's passport, identifying the person and showing the passport number;
(2) the person's birth certificate or a legible photocopy of the person's birth certificate;
(3) the person's United States naturalization documentation or a legible photocopy of this documentation, or the number of the person's certificate of naturalization; except that a person who provides the number of the certificate of naturalization in lieu of the naturalization documentation must not be registered until the county board of registration verifies the number with United States Citizenship and Immigration Services; or
(4) any document or method of proof of citizenship established by the federal 'Immigration Reform and Control Act of 1986', P.L. 99-603, as amended.
(C) Proof of voter registration from another state is not proof of citizenship for purposes of this section.
(D) A person who is registered to vote as of July 1, 2007, is deemed to have provided proof of citizenship and is not required to submit proof of citizenship pursuant to this section.
(E) A registered elector is not required to submit proof of citizenship when the elector:
(1) moves within a county and changes his or her address on the registration record in accordance with this chapter; or
(2) changes his or her name on the registration record in accordance with this chapter."
SECTION 3. Section 7-5-320(C) and (E)(1) of the 1976 Code, as added by Act 466 of 1996, are amended to read:
"(C)(1) The Department of Motor Vehicles shall include a voter registration form as part of an application for a state motor vehicle driver's license.
(2) The voter registration application portion of an application for a state motor vehicle driver's license:
(a) may not require any information that duplicates information required in the driver's license portion of the form, other than a second signature or other information necessary under subitem (c);
(b) may require only the minimum amount of information necessary to:
(i) prevent duplicate voter registrations; and
(ii) enable a county board of voter registration to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
includes must include a statement that:
(i) states each eligibility requirement, including citizenship, including documentation required to accompany the application, as provided for in Section 7-5-123(B);
(ii) contains an attestation that the applicant meets each requirement; and
(iii) requires the signature of the applicant under penalty of perjury;
(d) includes in print identical to that used in the attestation portion of the application:
(i) the information required in Section 7-5-320(C)(2)(c);
(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
(iii) a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and
(e) must be made available, as submitted by the applicant, to the county board of voter registration in which the application is made.
(1) A completed voter registration portion of an application for a state motor vehicle driver's license and documentation of proof of citizenship as required by Section 7-5-123 accepted at a state motor vehicle authority must be transmitted to the county board of voter registration no later than ten days after the date of acceptance."
SECTION 4. This act takes effect July 1, 2007.
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