Bill 2002

                    Current Status

Bill Number:               2002
Ratification Number:       631
Act Number:                535
Introducing Body:          House
Subject:                   Voter registration by mail

(A535, R631, H2002)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-155 SO AS TO PROVIDE FOR THE REGISTRATION OF ELECTORS BY MAIL.

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

Procedures for registration of electors by mail

SECTION 1. The 1976 Code is amended by adding:

"Section 7-5-155. (a) Notwithstanding any other provision of law, the following procedures may be used in the registration of electors in addition to the procedure otherwise provided by law.

(1) Subject to the provision of Section 7-5-150, any qualified citizen may register to vote by mailing or having delivered a completed application not later than forty-five days immediately prior to any election to his registration board. The postmark date of a mailed application is considered the date of mailing. The application must be witnessed by a qualified elector from the respective county. The name, address, the voter certificate number of the witness, and where applicable the telephone number must be legibly written on the application. The person witnessing the application may not be a filed candidate for public office at the time of the application. Any applicant or witness is subject to the penalty provided in Section 7-25-20 for fraudulent registration.

(2) If the registration board determines that the applicant is qualified and his application is legible and complete, the registration board shall mail the voter written notification of approval on a form to be prescribed and provided by the State Election Commission pursuant to Section 7-5-180. When the county board of registration mails the written notification of approval, it must do so without requiring the elector to sign anything in the presence of a member of the board, a deputy member, or a registration clerk, and the attestation of the elector's signature is not required so long as the conditions set forth above are met.

(3) Any application must be rejected for any of the following reasons:

(i) any portion of the application is not complete;

(ii) any portion of the application is illegible in the opinion of a member and the clerk of the board;

(iii) the board is unable to determine, from the address stated on the application, the precinct in which the voter should be assigned or the election districts in which he is entitled to vote.

(4) Any person whose application is rejected must be notified of the rejection together with the reason for rejection. The applicant must further be informed that he still has a right to register by appearing in person before the board of registration or by submitting the information by mail necessary to correct his rejected application. The form for notifying applicants of rejection must be prescribed and provided by the State Election Commission pursuant to Section 7-5-180.

(b) Every application for registration by mail shall contain spaces for the home and work telephone numbers of the applicant and the applicant shall enter the numbers on the application where applicable.

(c) The State Election Commission shall furnish a sufficient number of applications to the county registration boards so that distribution of the applications may be made to various locations throughout the counties and mailed to persons requesting them.

County boards of registration shall distribute application forms to various locations in their respective counties where they must be readily available to the public.

(d) The original applications must remain on file in the office of the county board of registration.

(e) The State Election Commission may promulgate regulations to implement the provisions of this section."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.