South Carolina General Assembly
118th Session, 2009-2010

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Bill 123


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 7-13-710 OF THE 1976 CODE, RELATING TO THE IDENTIFICATION A PERSON MUST PRESENT IN ORDER TO VOTE, TO REQUIRE A PERSON TO PRESENT PHOTO IDENTIFICATION OR EXECUTE AN AFFIDAVIT INDICATING THAT THE PERSON HAS A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED.

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

SECTION    1.    Section 7-13-710 of the 1976 Code is amended to read:

"Section 7-13-710.        (A)    When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector.:

(1)    a current and valid photo identification card issued by the United States government;

(2)    a valid South Carolina driver's license; or

(3)    a valid photo identification card issued by the Department of Motor Vehicles if he is not licensed to drive.

(B)    A person is not required to present photo identification pursuant to subsection (A) if the voter executes an affidavit, on a form prescribed by the State Election Commission, affirming under the penalty of perjury that the voter has a religious objection to being photographed.

(C)    In addition to the affidavit required by this subsection, the person must also present his written notification of registration provided for in Sections 7-5-125 and 7-5-180. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail.

(D)    After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers."

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

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