Current Status Bill Number:View additional legislative information at the LPITS web site.381 Ratification Number:272 Act Number:266 Introducing Body:Senate Subject:Changes to the procedures for absentee voting and require the municipal election commission to furnish absentee voter ballots
(A266, R272, S381)
AN ACT TO AMEND SECTIONS 7-15-110, 7-15-120, 7-15-130, 7-15-310, 7-15-320, 7-15-330, 7-15-340, 7-15-390, 7-15-410, 7-15-420, AND 7-15-430, ALL AS AMENDED, RELATING TO ELECTIONS, SO AS TO MAKE CHANGES TO THE PROCEDURES FOR ABSENTEE VOTING; TO AMEND THE 1976 CODE BY ADDING SECTION 7-15-365, SO AS TO REQUIRE THE MUNICIPAL ELECTION COMMISSION TO FURNISH ABSENTEE VOTER BALLOTS.
Be it enacted by the General Assembly of the State of South Carolina:
Persons qualified registered to vote by absentee method
SECTION 1. Item (6) of Section 7-15-110 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"(6) A spouse and dependents residing with any of the above categories (1)-(5) and (9)."
Same
SECTION 2. Section 7-15-110 of the 1976 Code, as last amended by Act 280 of 1982, is further amended by adding at the end:
"(9) A citizen of the United States residing outside the United States:
(a) If he last resided in South Carolina immediately before his departure from the United States;
(b) If he could have met all qualifications to vote in federal elections in South Carolina even though while residing outside the United States he does not have a place of abode or other address in South Carolina; even if his intent to return to South Carolina may be uncertain, as long as he has complied with all applicable South Carolina qualifications and requirements which are consistent with the Federal Overseas Citizens Voting Rights Act of 1975 (Public Law 94-203)."
Registration forms
SECTION 3. Section 7-15-120 of the 1976 Code, as last amended by Act 280 of 1982, is further amended by adding at the beginning:
"Persons listed in items (1), (2), (3), or (4) of Section 7-15-110, their spouses, and dependents residing with them, and item (9) of such section may register by using either federal Standard Form 76, or any subsequent form replacing it issued by the federal government, or the state absentee registration form. In order to be registered, either form must reach the county board of registration not later than thirty days before the election."
Method of obtaining registration forms
SECTION 4. Section 7-15-130 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-130. Any person specified in Section 7-15-110 or anyrelative or friend of such person, may at any time request from the board of registration of the county of the residence of such person a registration form, and, in making such request, shall furnish the name and home address and absentee mailing address of such person.
Application for an election ballot on any form provided members of the Armed Forces, Merchant Marine, or overseas citizens by the federal government must be considered as a request for a registration form, and the State Election Commission shall forward all forms received by it to the board of registration of the proper county. Upon receipt of a request, the Board of registration shall immediately mail a registration form, together with a return-address envelope, to the person specified in Section 7-15-110 at the
absentee mailing address given. The board of registration shall number each registration form 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 registration form is requested, the name, address, and relation, if any, of the person requesting the form, the date upon which the form is requested, and the date upon which the form is mailed. For good cause, the board may furnish a duplicate registration form, noting the fact in the record book."
Absentee voting, definition
SECTION 5. Item (5) of Section 7-15-310 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"(5) The term 'registration form' means Standard Form 76, or anysubsequent form replacing it, authorized by the federal government or the state form described in Section 7-15-120;".
Same
SECTION 6. Section 7-15-310 of the 1976 Code, as last amended by Act 280 of 1982, is further amended by adding at the end:
"(9) The term 'overseas citizen' means a citizen of the United States residing outside of the United States as specified by Section 7-15-110."
Persons qualified to vote by absentee ballot
SECTION 7. Section 7-15-320 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-320. Any qualified elector in the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to such extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, and persons whose employment obligations require that they be at their place of employment during the hours that the polls are open and present written certification of such obligation, signed by their employer, to the county registration board may vote by absentee ballot whether or not absent from their county of residence:
(1) Students, their spouses, and dependents residing with them.
(2) Members of the Armed Forces and the Merchant Marine of the United States, their spouses, and dependents residing with them.
(3) Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.
(4) Persons in employment.
(5) Physically disabled persons.
(6) Governmental employees, their spouses, and dependents residing with them.
(7) Electors with a death or funeral in the family within a three-day period prior to the election.
(8) Persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day).
(9) Poll managers, county voter registration board members and
staff, and county election commission members and staff working on election day.
(10) Overseas citizens."
Absentee ballot obtained by elector or member of family
SECTION 8. Section 7-15-330 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-330. To vote by absentee ballot, any qualified elector or a member of his immediate family, must request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board for the county of thevoter's residence. A person requesting an application for a qualified elector as such 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 such 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. 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 such person is a member of the immediate family. A request for an application to vote by absentee ballot must be made not earlier than sixty days prior to the election in which the qualified elector desires to be permitted to vote by absentee ballot. Completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day preceding 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 (4) and (7). The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, homeaddress, 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 must become a public record at 9:00 a.m. on the day immediately preceding the election. Any person who violates the provisions of this section is subject to the penalties provided in Section 7-25-170."
Form of application for absentee ballot
SECTION 9. Section 7-15-340 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following form; except that persons listed in Section 7-15-320 (2), (3), (6) and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.
APPLICATION FOR ABSENTEE BALLOT
TO THE COMMISSIONERS OF ELECTION:
COUNTY
I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the day of , 19 .
(If a ballot is requested for a primary election, print your political party preference in this space .)
I am a qualified elector and am registered to vote in the precinct and State House of Representatives District. (If known.) My registration certificate number is .
My full name is .
Please Print
I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:
(CHECK APPROPRIATE BOX)
[] 1. Students, their spouses, and dependents residing with them. (The term 'students' shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).
[] 2. Armed Forces, Merchant Marine, their spouses, anddependents residing with them.
[] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.
[] 4. Employment. (The term 'employment' means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).
[] 5. Physically disabled persons. (The term 'physically disabled persons' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).
[] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.
[] 7. Death in family, or attending funeral within a three-day period of election.
[] 8. Persons on vacation (who by virtue of vacation planswill be absent from their county of residence and unable to vote in person).
[] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day.
(Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).
My home address in South Carolina as shown on my registration
My absentee mailing address (address to which absentee ballot should be mailed) is:
Signature
Social Security or Identification Number"
Ballots and instructions furnished by county board of
registration
SECTION 10. The 1976 Code is amended by adding:
"Section 7-15-365. The board of registration of each county must be furnished by the municipal election commission of each municipality holding an election or the executive committee of a municipal party holding a primary, a sufficient number of ballots, envelopes, and instructions to the absentee voter not to exceed fifteen percent of the number of registered voters in the municipality and sufficient postage to enable the board of registration to deliver materials to qualified electors desiring to vote by absentee ballot. The envelope required by item (4) of Section 7-15-370 must bear the return address of the county board of registration."
Absentee balloting in primary and special municipal elections
SECTION 11. Section 7-15-390 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-390. Absentee balloting in the primary, special, and municipal elections must be in accordance with the provisions of Title 7."
Absentee voting precinct established in each county; location
SECTION 12. Section 7-15-410 of the 1976 Code, as last amended by Act 280 of 1976, is further amended to read:
"Section 7-15-410. In each county there must be established an absentee voting precinct located in the office of the county board of registration. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of primary electionsis responsible for the tabulation and reporting of ballots at the absentee voting precinct. The absentee ballots must remain in the custody of the county board of registration until transferred to the county election commission, municipal election commission, county committee for each political party or executive committee of each municipal party for the purpose of tabulation and reporting as provided in Section 7-15-420."
Receipt, tabulation, and reporting of absentee ballots
SECTION 13. Section 7-15-420 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of primary elections shall be responsible for the tabulation and reporting of absentee ballots. At the time of the closing of the polls, the managers appointed pursuant to Section 7-13-70 shall begin the process of tabulating the absentee ballots by making certain that each oath has been properly signed and witnessed and includes the address of the witness. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by item (2) of Section 7-15-370 to be sent each absentee ballot applicant must notify him that his vote may not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope mustbe opened by the managers, and the enclosed unmarked envelope removed and placed in a locked box or boxes until the polls close. After all return-addressed envelopes have been emptied in this manner, the managers must remove the ballots contained in the unmarked envelopes, placing each one in the ballot box provided for the applicable contest. When all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."
Absentee ballot issued after registration board has released
books
SECTION 14. The last paragraph of Section 7-15-430 of the 1976 Code, as last amended by Act 280 of 1982, is further amended to read:
"Should any voter be issued an absentee ballot after the registration board has released the registration books to be used in the election to the county election commission, municipal election commission, county committee, executive committee of any municipal party, or poll managers, the board of registration shall immediately notify in writing the county election commission, municipal election commission, county committee, executive committee of any municipalparty, or poll manager, as the case may be, of the name, address, and certificate number of each voter who has since been issued an absentee ballot and the registration books must be appropriately marked that the voter has been issued an absentee ballot."
Time effective
SECTION 15. This act shall take effect upon approval by the Governor.