Current Status Introducing Body:
HouseBill Number: 4905Primary Sponsor: J. WilderType of Legislation: GBSubject: Voter registration application forms and provisionsResiding Body: HouseComputer Document Number: PT/1087DW.94Introduced Date: 19940310Last History Body: HouseLast History Date: 19940420Last History Type: Objection by RepresentativeScope of Legislation: StatewideAll Sponsors: J. Wilder HodgesType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4905 House 19940420 Objection by Representative A. Young Meacham H. Brown Wofford Richardson Cato Clyborne Hutson Vaughn Wells Gamble Trotter Marchbanks Shissias Wright Hallman Fulmer Harrell Baker Graham Haskins Thomas Keegan 4905 House 19940419 Debate adjourned until Wednesday, April 20, 1994 4905 House 19940419 Objection by Representative Simrill 4905 House 19940330 Committee Report: Favorable 25 4905 House 19940310 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
March 30, 1994
S. Printed 3/30/94--H.
Read the first time March 10, 1994.
To whom was referred a Bill (H. 4905), to amend Chapter 5, Title 7, Code of Laws of South Carolina, 1976, by adding Article 4, so as to designate voter registration, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
Majority favorable. Minority unfavorable.
JAMES H. HODGES ROLAND S. CORNING
For Majority. For Minority.
TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the United States Congress has enacted the "National Voter Registration Act of 1993", P.L. No. 103-31 (1993). The purpose of this act is to comply with the provisions of that law.
SECTION 2. Chapter 5, Title 7 of the 1976 Code is amended by adding:
Section 7-5-310. (A) As used in this article, `voter registration agency' means an office designated to perform specific voter registration activities.
(B) There are designated the following voter registration agencies:
(1) Department of Social Services;
(2) Department of Health and Environmental Control - WIC program;
(3) Department of Alcohol and Other Drug Abuse;
(4) Department of Disabilities and Special Needs;
(5) Department of Mental Health;
(6) Commission for the Blind;
(7) Department of Vocational Rehabilitation;
(8) The Wil Lou Gray Opportunity School;
(9) South Carolina Protection and Advocacy System for the Handicapped;
(10) Clerks of each municipality;
(11) Armed Forces recruiting offices.
(C) At each voter registration agency, the following services must be made available:
(1) distribution of voter registration application forms in accordance with subsection (F).
(2) assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance.
(3) acceptance of completed voter registration application forms for transmittal to the county board of voter registration.
(D) If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (C) at the person's home.
(E) A person who provides services described in subsection (C) may not:
(1) seek to influence an applicant's political preference;
(2) display a political preference or party allegiance;
(3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
(4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register to vote has any bearing on the availability of services or benefits.
(F) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:
(1) distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance the voter registration application form, including a statement that:
(a) specifies each eligibility requirement (including citizenship);
(b) contains an attestation that the applicant meets the requirement; and
(c) requires the signature of the applicant, under penalty of perjury; or
(2)(a) provide a form that includes:
(i) the question, `If you are not registered to vote where you live now, would you like to apply to register to vote here today?';
(ii) if the agency provides public assistance, the statement, `Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency'.;
(iii) boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of subsection (G), together with the statement (in close proximity to the boxes and in prominent type), `IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME'.;
(iv) the statement, `If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private'.; and
(v) the statement, `If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Election Commission'. The name, address, and telephone number of the Executive Director of the State Election Commission must be printed on the form; and
(b) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses the assistance.
(G) No information relating to a declination to register to vote in connection with an application made at an office described in subsection (B) may be used for any purpose other than voter registration.
(H)(1) A completed registration application accepted at a voter registration agency must be transmitted to the county board of voter registration not later than ten days after acceptance.
(2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of registration not later than five days after the date of acceptance.
Section 7-5-320. (A)(1) Each state motor vehicle driver's license application, including a renewal application, submitted to the Department of Revenue, Division of Motor Vehicles, serves as an application for voter registration unless the applicant fails to sign the voter registration application. Failure to sign the voter registration portion of the driver's license application serves as a declination to register.
(2) An application for voter registration submitted under item (1) is considered to update any previous voter registration by the applicant.
(B) No information relating to the failure of an applicant for a state motor vehicle driver's license to sign a voter registration application may be used for any purpose other than voter registration.
(C)(1) The Department of Revenue, Division of Motor Vehicles, shall include a voter registration form as part of an application for a state motor vehicle driver's license.
(2) The voter registration application portion of an application for a state motor vehicle driver's license:
(a) may not require any information that duplicates information required in the driver's license portion of the form, other than a second signature or other information necessary under subitem (c);
(b) may require only the minimum amount of information necessary to:
(i) prevent duplicate voter registrations; and
(ii) enable a county board of voter registration to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(c) includes a statement that:
(i) states each eligibility requirement, including citizenship;
(ii) contains an attestation that the applicant meets each requirement; and
(iii) requires the signature of the applicant, under penalty of perjury;
(d) includes, in print identical to that used in the attestation portion of the application:
(i) the information required in Section 7-5-320(C)(2)(c);
(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
(iii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and
(e) must be made available, as submitted by the applicant, to the county board of voter registration official.
(D) A change of address form submitted in accordance with state law for purposes of a state motor vehicle driver's license serves as notification of change of address for voter registration unless the qualified elector states on the form that the change of address is not for voter registration purposes.
(E)(1) A completed voter registration portion of an application for a state motor vehicle driver's license accepted at a state motor vehicle authority must be transmitted to the county board of voter registration no later than ten days after the date of acceptance.
(2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of registration not later than five days after the date of acceptance.
Section 7-5-330. (A) In the case of registration with a motor vehicle application under Section 7-5-320, the valid voter registration form of the applicant must be completed at the Department of Revenue, Division of Motor Vehicles, no later than thirty days before the date of the election.
(B) In the case of registration by mail under Section 7-5-155, the valid voter registration form of the applicant must be post-marked no later than thirty days before the date of the election.
(C) In the case of registration at a voter registration agency, the valid voter registration form of the applicant must be completed at the voter registration agency no later than thirty days before the date of the election.
(D) In any other case, the valid voter registration form of the applicant must be received by the county board of voter registration no later than thirty days before the date of the election.
(E) (1) The county board of voter registration shall:
(a) send notice to each applicant of the disposition of the application and;
(b) ensure that the identity of the voter registration agency through which a particular voter is registered is not disclosed to the public as provided under the provisions of Section 30-4-40.
(2) If the notice sent pursuant to the provisions of subitem (a) of this item is returned to the board of voter registration as undeliverable, the elector to whom it was sent must be reported by the board to the State Election Commission. The State Election Commission must place the elector in an inactive status on the master file and may remove this elector upon compliance with the provisions of Section 7-5-330(F).
(F)(1) The State Election Commission may not remove the name of a qualified elector from the official list of eligible voters on the ground that the qualified elector has changed residence unless the qualified elector:
(a) confirms in writing that the qualified elector has changed residence to a place outside the county in which the qualified elector is registered; or
(b) (i) has failed to respond to a notice described in item (2); and
(ii) has not voted or appeared to vote and, if necessary, correct the county board of voter registration's record of the qualified elector's address, in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.
(2) `Notice', as used in this item, means a postage prepaid and preaddressed return card, sent by forwardable mail, on which the qualified elector may state his current address, together with a statement to the following effect:
(a) if the qualified elector did not change his residence, or changed residence but remained in the same county, the qualified elector shall return the card no later than thirty days before the date of the election. If the card is not returned, affirmation or confirmation of the qualified elector's address may be required before the qualified elector is permitted to vote during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice, and if the qualified elector does not vote in an election during that period the qualified elector's name must be removed from the list of eligible voters;
(b) if the qualified elector has changed residence to a place outside the county in which the qualified elector is registered, information as to how the qualified elector can re-register to vote.
(3) The county board of voter registration shall correct an official list of eligible voters in accordance with change of residence information obtained pursuant to the provisions of this subsection.
(4) The program required pursuant to the provisions of subsection (F) of this section must be completed no later than ninety days before the date of a statewide primary or general election.
Section 7-5-340. The State Election Commission shall:
(1) provide that the name of a qualified elector may not be removed from the official list of eligible voters except:
(a) at the request of the qualified elector;
(b) as adjudicated by a court of competent jurisdiction;
(c) as provided under item (2);
(2) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of:
(a) the death of the qualified elector; or
(b) a change in the residence of the qualified elector;
(3) inform applicants under Sections 7-5-155, 7-5-310, and 7-5-320 of:
(a) voter eligibility requirements; and
(b) penalties provided by law for submission of a false voter registration application.
(4)(a) complete, no later than ninety days before the date of a statewide primary or general election, a program to systematically remove the names of ineligible voters from the official lists of eligible voters in compliance with the provisions of Section 7-5-330(F).
(b) subitem (a) may not be construed to preclude:
(i) the removal of names from official lists of voters on a basis described in items (1) and (2); or
(ii) correction of registration records pursuant to this article."
SECTION 3. Section 7-3-20(C) of the 1976 Code is amended to read:
"(C) The executive director shall:
(1) maintain a complete roster master file of all qualified electors by county and by precincts;
(2) delete the name of any elector (a) who is deceased, (b) who is no longer qualified to vote in the precinct where currently registered, (c) who has been convicted of a disqualifying crime, or (d) who is otherwise no longer qualified to vote as may be provided by law or (e) who requests in writing that his name be removed;
(3) For the purpose of removing from the roster the names of electors who are presumed to be no longer qualified to vote in the precinct where registered, delete the name of any elector who has failed to vote in each of two consecutive State-wide general elections and also failed to vote in any other election which might have been held in the precinct in which he is registered within the period of time intervening between the two general elections;
(4) (3) enter names on the various rosters master file as they are reported by the county registration boards;
(5) (4) furnish each county registration board with a master list of all registered voters in the county, together with three copies a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(6) (5) maintain all information furnished his office relating to the inclusion or deletion of names from the rosters master file for four years;
(7) (6) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(8) (7) secure from the United States courts in South Carolina and federal and state agencies available information as to persons convicted of disqualifying crimes;
(9) (8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(10) (9) perform such other duties relating to elections as may be assigned him by the State Election Commission; and
(11) (10) furnish at reasonable price any and all precinct lists to any qualified elector requesting same.; and
(11) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993."
SECTION 4. Section 7-3-30(b) of the 1976 Code is amended to read:
"(b) Each elector whose name has been deleted shall have has twenty days from the date such the notice is mailed in which to appeal. The appeal shall must be to the county board of voter registration from whose roster master file the deletion has been made. If the board determines that the elector's name should not have been deleted, it shall instruct the central registration office to restore his name to the registration books; provided, however, that if the elector's name has been deleted solely by reason of his failure to vote as provided in Section 7-3-20(C)(3), his name shall be restored as a matter of course to the registration books upon his request if he shall be otherwise qualified, however, if the deletion is for conviction, the appeal must be to the Executive Director of the State Election Commission."
SECTION 5. Section 7-5-155(a)(1) of the 1976 Code is amended to read:
"(1) Subject to the provision of Section 7-5-150, any qualified citizen may register to vote by mailing or having delivered a completed state registration by mail application form or a completed national registration by mail application form prescribed by the Federal Election Commission application not later than forty-five thirty days immediately prior to before any election to his registration board. The postmark date of a mailed application is considered the date of mailing. If the postmark date is missing or illegible, the county board of voter registration shall accept the application if it is received by mail no later than five days after the close of the registration books before any election. 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."
SECTION 6. Section 7-5-155(c) of the 1976 Code is amended to read:
"(c)(1) The State Election Commission shall furnish a sufficient number of applications to the county boards of voter registration boards and voter registration agencies specified in Section 7-5-310(B) so that distribution of the applications may be made to various locations throughout the counties and mailed to persons requesting them.
(2) County boards of voter registration shall distribute application forms to various locations in their respective counties where they must be readily available to the public."
SECTION 7. 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.
(A) A qualified elector who has moved from an address in a precinct to an address in the same precinct shall, notwithstanding failure to notify the county board of voter registration of the change of address prior to the date of an election, be permitted to vote at that precinct's polling place upon oral or written affirmation by the qualified elector of the change of address before an election official at that polling place.
(B) A qualified elector who has moved from an address in one precinct to an address in another precinct within the same county and who has failed to notify the county board of voter registration of the change of address before the date of an election, at the option of the elector:
(a) must be permitted to correct the voting records and vote a challenged ballot pursuant to the provisions of Section 7-13-830 at the elector's former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place; or
(b) must be permitted to correct the voting records and vote at a central location located at the main office of the county board of voter registration where a list of eligible voters is maintained, upon written affirmation by the elector of the new address on a standard form provided at the central location;
(C) If the registration records indicate inaccurately that a qualified elector has moved from an address in the precinct, the elector shall be permitted to vote at that polling place, upon oral or written affirmation by the elector before an election official at that polling place that the qualified elector continues to reside at his address.
(D) For voting purposes, in the case of a change of address, of a qualified elector to another address within the same county, the county board of voter registration shall correct the voting registration list accordingly, and the elector's name may not be removed from the official list of eligible voters except as provided in Section 7-5-330(F).
(E) At least one member of the county registration board of voter registration, clerk, or deputy registrar 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."
SECTION 8. Section 7-7-720 of the 1976 Code is amended to read:
"Section 7-7-720. (A) Any A person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, notified by mail, notification from by the county registration board of voter registration reflecting the new precinct of the transfer.
(B) Any A person whose notification is returned to the board of voter 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 he is otherwise qualified to vote in that precinct as undeliverable, must be reported by the board to the State Election Commission. The State Election Commission must place the elector in an inactive status on the master file and may remove this elector upon compliance with the provisions of Section 7-5-330(F)."
SECTION 9. Section 7-7-910 of the 1976 code is amended to read:
"Section 7-7-910. Subject to the provisions of Section Sections 7-7-920 and 7-5-440, every registered elector shall must be registered and, unless otherwise specified on his voting certificate, shall vote at the nearest designated voting polling place within the precinct of his residence, but in incorporated towns municipalities in which officers are elected by wards or other municipal subdivisions electors shall must be registered and shall vote at the voting places nearest to their residences within the ward or other subdivision of their residences their designated polling places."
SECTION 10. Section 7-13-830 of the 1976 Code, as last amended by Act 253 of 1992, is further amended by adding a new paragraph at the end to read:
"When, pursuant to the provisions of Section 7-5-440(B), a qualified elector's ballot is challenged, the authority in charge shall examine each ballot in question and count only that portion of the ballot which appears on the ballot in the precinct in which the elector resides."
SECTION 11. Section 30-4-40(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item:
"( ) completed voter registration application forms;"
SECTION 12. This act takes effect January 1, 1995, except that Sections 5 and 11 take effect upon approval by the Governor.