Current Status BillNumber: 3083 Ratification Number: 623 Act Number: 510 Introducing Body: House Subject: Relating to the issuance of registration certificates, duplicate certificates, registration certificate numbers and the production of registration certificates by voters at the pollsView additional legislative information at the LPITS web site.
(A510, R623, H3083)
AN ACT TO AMEND SECTIONS 7-3-50, 7-5-20, 7-5-170, 7-5-100, AS AMENDED, 7-5-210, 7-5-220, 7-5-280, 7-5-440, 7-5-620, 7-7-720, 7-7-940, 7-7-950, 7-7-960, 7-9-20, 7-9-40, 7-11-80, 7-13-710, AND 7-13-820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF REGISTRATION CERTIFICATES, DUPLICATE CERTIFICATES, REGISTRATION CERTIFICATE NUMBERS AND THE PRODUCTION OF REGISTRATION CERTIFICATES BY VOTERS AT THE POLLS, SO AS TO DELETE THE REQUIRENIENTS FOR THE ISSUANCE OF REGISTRATION CERTIFICATES, AND DUPLICATE CERTIFICATES, FOR PLACING REGISTRATION CERTIFICATE NUMBERS ON PETITIONS AND THAT THE VOTER MUST PRODUCE HIS REGISTRATION CERTIFICATE IN ORDER TO VOTE AND TO PROVIDE INSTEAD THAT THE VOTER MUST PRODUCE HIS DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION, AND TO REPEAL SECTIONS 7-5-190, 7-5-200, 7-5-260, 7-5-270, 7-5-450, 7-7-930, 7-25-30, AND 7-25-40, RELATING TO ISSUANCE AND DELIVERY OF REGISTRATION CERTIFICATES AND DUPLICATE CERTIFICATES, THE FORM OF CERTIFICATES, REISSUANCE OF DEFACED OR LOST CERTIFICATES, OFFENSES AGAINST THE ELECTION LAWS RELATING TO IMPROPERLY FURNISHING CERTIFICATES AND RECEIVING OR USING ILLEGAL REGISTRATION CERTIFICATES AND REFERENCES TO THE ISSUANCE OF REGISTRATION CERTIFICATES, DUPLICATE CERTIFICATES, THE USE OF REGISTRATION CERTIFICATE NUMBERS, AND THE PRODUCTION OF REGISTRATION CERTIFICATES AT THE POLLING PLACE.
Be it enacted by the General Assembly of the State of South Carolina:
Board of registration must furnish information
SECTION 1. Section 7-3-50 of the 1976 Code is amended to read:
"Section 7-3-50. Each county board of registration must furnish the executive director information as may be requested by him concerning each registered elector by the fifteenth day of each month and within five days after closing of the books prior to an election."
Board of registration may appoint deputy members
SECTION 2. Section 7-5-20 of the 1976 Code is amended to read:
"Section 7-5-20. The board of registration of each county may appoint deputy members of the board, in numbers as may be necessary, whose terms shall be for a period of time as determined by the boards. The deputy members shall have the same powers and duties as regular members of the board. The clerk to each board may be made a deputy member of the board for the purpose of taking applications."
Written application required
SECTION 3. Subsection (1) of Section 7-5-170 of the 1976 Code is amended to read:
"(1) Written application required. No person may be registered to vote except upon written application which must become a part of the permanent records of the board to which it is presented and must be open to public inspection."
Board must register applicant under certain conditions
SECTION 4. Section 7-5-180 of the 1976 Code, as last amended by Act 695 of 1976, is further amended to read:
"Section 7-5-180. In case any person who has not attained the age of eighteen years before the closing of the books of registration preceding any election but attains such age before the next ensuing election appears before the board of registration and makes application for registration, under oath as to the facts above stated entitling a person to registration, the board must register the applicant, if he is otherwise duly qualified. Any person not laboring under the disabilities named in the Constitution and in Section 7-5-120 and whose qualification as an elector is completed after the closing of the registration books, but before the next ensuing election, has the right to apply for and secure registration at any time within sixty days immediately preceding the closing of the books for the election or for the primary election preceding the election. Written notification of approval or rejection must be issued personally or mailed by the board to each applicant on a form to be prescribed and provided by the State Election Commission. The decision of the board of registration may be appealed as provided by Section 7-5-230."
Registrant may sign application and oath by mark
SECTION 5. Section 7-5-210 of the 1976 Code is amended to read:
"Section 7-5-210. In cases of inability to write on account of physical disability only, any prospective registrant to vote may sign the application and oath by mark in the presence of a clerk or a member of the board of registration."
SECTION 6. Section 7-5-220 of the 1976 Code is amended to read:
"Section 7-5-220. Registration made thirty days or less before any election is not valid for that election or any second race or runoff resulting from that election but such registration shall be valid it any other election."
Applications must be furnished
SECTION 7. Section 7-5-280 of the 1976 Code is amended to read:
"Section 7-5-280. The applications provided for in this article, as well as all other forms necessary for registration, must be furnished to each county by the State Election Commission."
Electors shall not vote in polling precinct unless name on list
SECTION 8. Section 7-5-440 of the 1976 Code is amended to read:
"Section 7-5-440. No elector shall vote in any polling precinct unless his name appears on the official list of voters for the precinct. If the name of any registered elector does not appear or incorrectly appears on the official list of voters of his precinct, he may vote if he presents to the managers of election of the precinct, in addition to his valid South Carolina driver's license or other form of identification required by Section 7-13-710 if he is not licensed to drive, a certificate of a member of the registration board of his county that his name is registered and on file in the office of the registration board of his county or a certificate of the executive director that his name is enrolled in the records of his county on file in the office of the executive director. Any elector may also vote upon presenting the written notification of registration issued by the board if the elector has signed the notification.
At least one member of the county registration board must be present in the registration board's office at all hours during which the polls are open on every election day for the purpose of carrying out the provisions of this section."
Proof of residence
SECTION 9. Section 7-5-620 of the 1976 Code is amended to read:
"Section 7-5-620. The production of a valid South Carolina driver's license or other form of identification required by Section 7-13-710, if he is not licensed to drive, and proof of the residence of the elector within the limits of the municipality for thirty days preceding any election constitutes conditions prerequisite to the right of any elector to vote."
Transfer of registration
SECTION 10. Section 7-7-720 of the 1976 Code is amended to read:
"Section 7-7-720. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county registration board reflecting the new precinct.
Any person whose notification is returned to the board of registration because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if lie is otherwise qualified to vote in that precinct."
Elector must notify board
SECTION 11. Section 7-7-940 of the 1976 Code is amended to read:
"Section 7-7-940. In case of the moving of a registered elector from one precinct to another in the same county, the elector must notify the board of registration of the county. The board must note the fact upon the proper book and give the elector a notification of t1w precinct into which lie is moved."
Transfer names from books of registration when new precinct established
SECTION 12. Section 7-7-950 of the 1976 Code is amended to read:
"Section 7-7-950. When a new voting precinct is established by law, the board of registration must transfer from the books of registration the names of electors registered to vote in other voting precincts as should register and vote in the new voting precinct and shall notify electors of the change of polling precincts."
SECTION 13. Section 7-7-960 of the 1976 Code is amended to read:
"(a) Any elector whose precinct or ward is changed by a change of ward or precinct boundaries must have notification mailed to him by the county registration board reflecting his new precinct or ward.
(b) Any area in the county annexed to a municipality which is divided into wards shall be made part of a ward to which it is Contiguous by the county board of registration. In the event the annexed area in a municipality divided into wards contains at least five hundred qualified electors the area annexed shall be made a separate ward which must be given a numerical designation. As soon as practicable following annexation, the board must mail all registered electors of record residing in the annexed area notification designating the number of the ward, if appropriate, and precinct to which they have been assigned.
(c) The envelope in which notifications mailed out in conjunction with the provisions of subsections (a) and (b) must have printed on the front 'DO NOT FORWARD'. All electors whose precinct or ward is changed by boundary changes must be added to the records of the precinct or ward to which they are assigned and deleted from those of the precinct or ward to which they were formerly assigned."
Qualifications for membership in certified party
SECTION 14. Section 7-9-20 of the 1976 Code is amended to read: "Section 7-9-20. The qualifications for membership in a certified party and for voting at a party primary election include the following: The applicant for membership, or voter, must be at least eighteen years of age or become so before the succeeding general election and must be a registered elector and a citizen of the United States and of this State. No person may belong to any party club or vote in any primary unless he is a registered elector. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if such qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States."
Members of party must belong to club
SECTION 15. Section 7-9-40 of the 1976 Code is amended to read: "Section 7-9-40. Members of a political party must belong to the club in the voting precinct set forth in their respective registration records. The poll list of the primary of the preceding primary election is the prima facie list of the members of each club for the purpose of club organization and the election of delegates to the county convention. There may not be more than one voting place for each club. Federal, state, and county officers temporarily residing at or near the capital or county seat may retain their membership and voting rights in their former home clubs. No person may take part in any club meeting, vote in any primary, or be elected a delegate to any county convention except in the club of the voting precinct set forth in his or her registration record."
Requirements of nominating petition
SECTION 16. Item (3) of Section 7-11-80 of the 1976 Code is amended to read:
"(3) Shall contain in separate columns from left to right the following:
(a) Signature of voter and printed name of voter;
(b) Address of residence where registered;
(c) Precinct of voter."
Requirements to vote - identification
SECTION 17. Section 7-13-710 of the 1976 Code is amended to read:
"Section 7-13-710. When any person presents himself to vote, lie must produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the South Carolina Department of Highways and Public Transportation (SCDHPT), if he is not licensed to drive. Any person registered prior to the effective date of this act who does not possess a driver's license or other form of identification containing a photograph may vote upon production of a valid registration certificate. If such person loses or defaces his registration certificate, he must, thereafter, obtain a South Carolina driver's license or other form of identification containing a photograph issued by the SCDHPT before voting in any subsequent election. Any elector may also be permitted to vote if he presents, in lieu of a valid driver's license or other photo identification, the written notification issued to him by the board of registration provided for by Section 7-5-180 if the notification has been signed by the elector. 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 must keep a poll list which shall contain one column headed 'Names of Voters'. Before any ballot is delivered to a voter, the voter must 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 must compare the signature on the poll list with the signature on the voter's driver's license 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 18. Section 7-13-820 of the 1976 Code, as last amended by Act 521 of 1978, is further amended to read:
"Section 7-13-820. When any person presents himself with a valid South Carolina driver's license or other form of identification required by Section 7-13-710, if he is not licensed to drive, at the polling precinct and his name does not appear on the registration book a manager must call the county registration office from any phone available at or away from the polling precinct. The manager shall give only the name of the elector as it appears on the driver's license or other form of identification. The member of the registration board taking the call must check the records of the board and if the name of the person is found and he is eligible to vote in the precinct the date of birth of the person must be read to the manager who must then ask the person for such date. Upon answering correctly, the person may vote. When a manager is to make a call for such purpose, he must notify the poll watchers who may accompany the manager and have the information repeated to each of them. The manager must fill in the information on the driver's license or other form of identification on a form provided for that purpose before permitting such person to vote. In the event such call is a toll call it may be made collect and the registration office must accept the call.
If the name cannot be verified by the registration board, or if a phone is not available, the poll manager or his designee may permit such person to vote after following the procedures set forth in Section 7-13-830 and the vote must be processed as a challenged vote. The poll manager must be listed as the challenger.
The provisions of this section are in addition to the procedure provided in Section 7-5-440."
SECTION 19. Sections 7-5-190, 7-5-200, 7-5-260, 7-5-270, 7-5-450, 7-7-930, 7-25-30, and 7-25-40 of the 1976 Code are repealed.
SECTION 20. This shall take effect upon approval by the Governor.
Approved the 28th day of June, 1984.