A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-13-65 SO AS TO ALLOW THE STATE ELECTION COMMISSION OR COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS, AS APPROPRIATE, TO EXTEND VOTING HOURS AT POLLING LOCATIONS THAT EXPERIENCE DELAYS IN OPENING OR INTERRUPTIONS IN VOTING.

 

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

 

SECTION 1.  Article 1, Chapter 13, Title 7 of the S.C. Code is amended by adding:

 

    Section 7-13-65. (A) For any statewide primary, general election, or special election, if any polling place is delayed in opening for fifteen minutes or more after the times set forth in Sections 7-13-25 or 7-13-60, or if voting is otherwise interrupted for fifteen minutes or more after opening, the State Election Commission may extend the closing time by an equal number of minutes not to exceed one hundred twenty minutes. The commission shall be available either in person or by teleconference on each day of early voting and election day to approve such an extension. The respective county boards of voter registration and elections must submit reports of any delays or interruptions to the commission for consideration.

    (B) Each report of a delay or interruption must include, without limitation, an affidavit executed by the director of the county board or his designee attesting to the duration of the delay or interruption, the underlying causes of the delay or interruption, and the approximate number of voters impacted by the delay or interruption. The affidavit does not require the inclusion of any personal identifying information other than the name and title of the affiant.

    (C) Any decisions made by the commission on whether to extend voting hours at any polling location, as well as the basis for the decision and underlying cause of the reported delay or interruption in voting, must be published on its website. Records related to decisions made under this section must be maintained for not less than eight years following the election.

    (D) Each county board of voter registration and elections must make reasonable attempts to notify electors of a decision by the commission to extend voting hours at a polling location through the media, notices posted at the polling location, and any website or webpage managed by, or on behalf of, the board.

    (E) For any primary, general election, or special election that is not a statewide election, the respective county board of voter registration and elections, under the supervision of the commission, may determine whether to extend the hours of a polling place in accordance with the provisions of this section. A request for an extension and the accompanying affidavit may be submitted to the county board by the director of the county board or his designee.

    (F) Any voter who votes after the closing times set forth in Sections 7-13-25 or 7-13-60 by virtue of an order of the commission or of a county board issued pursuant to this section shall only be permitted to vote using a provisional ballot. Any provisional ballots cast under this section must be separated, counted, and held apart from other provisional ballots cast by voters not under the effect of the order extending the closing time of the polling place. If the order has not been reversed or stayed by the time of the county canvass, the total for that category of provisional ballots must be added to the official canvas.

 

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

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