Current Status Bill Number:1102 Ratification Number:453 Act Number:416 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960206 Primary Sponsor:Holland All Sponsors:Holland Drafted Document Number:jud6061.dhh Date Bill Passed both Bodies:19960528 Date of Last Amendment:19960417 Governor's Action:S Date of Governor's Action:19960604 Subject:Absentee ballot applicants, requirements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960621 Act No. A416
------ 19960604 Signed by Governor
------ 19960530 Ratified R453
Senate 19960528 Concurred in House amendment,
enrolled for ratification
House 19960418 Read third time, returned to Senate
with amendment
House 19960417 Amended, read second time
House 19960410 Committee report: Favorable with 25 HJ
amendment
House 19960228 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960227 Read third time, sent to House
Senate 19960222 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960221 Committee report: Favorable with 11 SJ
amendment
Senate 19960206 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A416, R453, S1102)
AN ACT TO AMEND SECTIONS 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND THE OATH OF AN ABSENTEE BALLOT APPLICANT; AND 7-15-385, AS AMENDED, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO PROVIDE THAT, IN THE EVENT THE VOTER CANNOT WRITE BECAUSE OF A PHYSICAL HANDICAP OR ILLITERACY, HE MUST MAKE HIS MARK AND HAVE THE MARK WITNESSED BY SOMEONE HE DESIGNATES.
Be it enacted by the General Assembly of the State of South Carolina:
Absentee ballot applications; mark; etc.
SECTION 1. Section 7-15-380 of the 1976 Code is amended to read:
"Section 7-15-380. The oath, which is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:
I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.
Dated on this ______ day of __________, 19__
Absentee voting; mark; etc.
SECTION 2. Section 7-15-385 of the 1976 Code, as last amended by Act 59 of 1987, is further amended to read:
"Section 7-15-385. Upon receipt of the ballot or ballots, the absentee ballot applicant must mark each ballot on which he wishes to vote and place each ballot in the single envelope marked `Ballot Herein' which in turn must be placed in the return-addressed envelope. The applicant must then return the return-addressed envelope to the board of registration by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in to the board of registration at the time the envelope is returned. The voter must sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of registration must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff including volunteers reimbursed for time expended on campaign activity is not permitted to serve as an authorized returnee for any person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of registration must record in the record book required by Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must securely store the envelopes in a locked box within the office of the registration board."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.