South Carolina General Assembly
118th Session, 2009-2010

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H. 3139

STATUS INFORMATION

General Bill
Sponsors: Reps. Bedingfield, Stringer, Wylie, Littlejohn, M.A. Pitts, Hamilton and Millwood
Document Path: l:\council\bills\dka\3069dw09.docx

Introduced in the House on January 13, 2009
Currently residing in the House Committee on Judiciary

Summary: Absentee ballot

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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  12/16/2008  House   Prefiled
  12/16/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-62
   1/13/2009  House   Referred to Committee on Judiciary HJ-62
   5/14/2009  House   Member(s) request name added as sponsor: Millwood

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/16/2008

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

A BILL

TO AMEND SECTION 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE DEADLINE FOR ACCEPTING AN APPLICATION FOR AN ABSENTEE BALLOT FOR A QUALIFIED ELECTOR WHO APPEARS IN PERSON IS CHANGED FROM THE DAY BEFORE THE ELECTION TO SIX DAYS BEFORE THE ELECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-330.        (A)(1)    To vote by absentee ballot, a qualified elector or a member of his immediate family must shall request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. A person requesting an application for a qualified elector as the qualified elector's authorized representative must shall request an application to vote by absentee ballot in person or by mail only and must himself be a registered voter and must shall sign an oath to the effect that he fits the statutory definition of a representative.

(2)    This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests a contest concerning a particular election have has been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers a volunteer reimbursed for time expended on campaign activity, is not allowed to request applications an application for absentee voting for any a person designated in this section unless the person is a member of the immediate family.

(B)    A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held.

(1)    However, A completed applications application must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election.

(2)    Applications An application must be accepted by the county board of registration until 5:00 p.m. on the sixth day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320.

(3)    A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration.

(C)    The board of registration shall serially number each absentee ballot application form serially and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued.

(D)    This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms a form issued for an emergency hospital patients patient must be made public by 9:00 a.m. on the day following an election.

(E)    A person who violates the provisions of this section is subject to the penalties provided in Section 7-25-170."

SECTION    2.    This act takes effect upon approval by the Governor.

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