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South Carolina Legislature
South Carolina Legislature

Senate Amendment P482
H 3003 - Session 119 (2011-2012)
Voter ID
View Vote History

Current Amendment: JUD3003.025.DOCX to Bill 3003     Senator CAMPSEN proposed the following amendment (JUD3003.025):

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

//     SECTION     ___.     Chapter 13 of Title 7 of the 1976 Code of Laws is amended by adding:

        "Section 7-13-715.     After January 2, 2012, an elector who is sixty-five years of age or older who is domiciled at a hospital, nursing home or care facility in this State is exempt from the identification requirements in Section 7-13-710(A). These individuals must show either a valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles, 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."     //     /

To further amend the Judiciary Committee Report, as and if amended, by striking subsection 7-13-25(D), beginning on lines 8-11 on page [3003-7] and inserting:

//     "     (D)     Each county board of registration and elections must establish at least one early voting center and may establish up to three early voting centers. The county board of registration and elections will determine the location of the early voting center or centers. Each early voting center must be supervised by election commission employees."     //

To further amend the Judiciary Committee Report, as and if amended, by striking SECTION 7 beginning on line 1 on page [3003-10] and inserting:

SECTION     7.     Section 7-15-330 of the 1976 Code of Laws is amended to read:
    "Section 7-15-330.     (A)     To vote by absentee ballot, a qualified elector or a member of his immediate family as defined by Section 7-15-310(8), must 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 who is an authorized representative of a qualified elector, as defined by Section 7-15-310(7), may requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later.
    (B)     A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family.
    (C)     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. However, completed applications must be returned to the county registration board in person or by mail before five P.M. 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. 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.
    (D)     The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded of 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. This information becomes a public record at nine A.M. 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients 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.
    (F)     In addition to the early voting centers established pursuant to Section 7-13-25, a county board of registration and elections may authorize up to two additional early voting centers if the county board of registration and elections finds there is a need for additional early voting centers after holding a public hearing on the matter. The county board of registration and elections will determine the location of the early voting center or centers."         /

To further amend the Judiciary Committee Report, as and if amended, by striking SECTION 15, beginning on line 1 on page [3003-15] and inserting:
SECTION     15.     Except for SECTION ___, which adds Section 7-13-715, the provisions of this act are not severable. If any other section, subsection, item, subitem, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, it is to be conclusively presumed that the General Assembly would not have enacted any section, subsection, item, subitem, paragraph, sentence, clause, phrase or word of this act without the other provisions in this act and therefore this act in its entirety will be deemed invalid.

To further amend the Judiciary Committee Report, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION ___.     If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of SECTION ___, which establishes Section 7-13-715 , is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act irrespective of the fact that SECTION ___ or any of its sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid or otherwise ineffective.

    //     /

    Renumber sections to conform.
    Amend title to conform.