Bill 773

                    Current Status

Bill Number:               773
Ratification Number:       468
Act Number:                402
Introducing Body:          Senate
Subject:                    Relating to presidential and vice
                           presidential petition candidates and to
                           absentee ballots

(A402, R468, S773)

AN ACT TO AMEND SECTIONS 7-13-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE FOR VOTING FOR ELECTORS FOR PRESIDENTIAL AND VICE PRESIDENTIAL PETITION CANDIDATES; TO PROVIDE THAT THE APPLICATION FOR AN ABSENTEE BALLOT INCLUDES REQUESTS FOR BALLOTS FOR RUNOFF ELECTIONS; AND TO ADD OVERSEAS CITIZENS AS A CATEGORY OF PERSONS WHO MAY APPLY.

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

Voting for electors

SECTION 1. Subitems a and b of Item (C) of Section 7-13-320 of the 1976 Code, as last amended by Act 419 of 1982, is further amended to read:

"a. To vote this ballot make a cross (X) mark in the circle below the name of the political party or petition column for whose candidates you wish to vote.

b. A vote for the names of a political party's candidates or petition candidates for President and Vice President is a vote for the electors of that party or petition candidates, the names of whom are on file with the Secretary of State."

Form of application

SECTION 2. Section 7-15-340 of the 1976 Code, as last amended by Act 266 of 1984, 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 BOARD OF VOTER

REGISTRATION: 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 you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to

be sent to your absentee address, check here: [ ])

(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 a 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, 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. 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 person. (The term 'physically disabled person' 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 plans will 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).

[] 10. Overseas citizens.

My home address in South Carolina as shown on my registration certificate is:

My absentee mailing address (address to which absentee ballot should be mailed) is:

Signature

Social Security or Identification Number".

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.