Bill 4646

                    Current Status

Bill Number:                    4646
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980218
Primary Sponsor:                Harrison 
All Sponsors:                   Harrison, Knotts 
Drafted Document Number:        bbm\9679dw.98
Companion Bill Number:          1069
Residing Body:                  House
Date Tabled:                    19980325
Subject:                        Electronic voting using Internet,
                                pilot project for armed forces and
                                overseas citizens; Elections,
                                Veterans', Military

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980325  Tabled
House   19980317  Request for debate by Representative             Meacham
                                                                   Kirsh
                                                                   Hinson
                                                                   Moody-
                                                                   Lawrence
                                                                   Young-
                                                                   Brickell
                                                                   Loftis
House   19980317  Co-Sponsor added (Rule 5.2) by Rep.              Knotts
House   19980311  Committee report: Favorable              25 HJ
House   19980218  Introduced, read first time,             25 HJ
                  referred to Committee

COMMITTEE REPORT

March 11, 1998

H. 4646

S. Printed 3/11/98--H.

Read the first time February 18, 1998.

To whom was referred a Bill (H. 4646), to amend the Code of Laws of South Carolina, 1976, by adding Section 7-15-455 so as to authorize the State Election Commission to establish, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

The State Election Commission has indicated that there will be programming and administrative costs of $21,000 associated with this bill, however these costs will be minimal and can be absorbed.

Approved By:

Frank A. Rainwater

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 7-15-455. (A) For purposes of this section:

(1) 'Armed forces personnel' means South Carolina residents located outside of this State serving on active duty in the armed services of the United States, in the Reserve or Guard components of the United States armed services having been called to active military duty, or as civilian personnel with the armed services of the United States.

(2) 'Overseas citizen' is as defined in Section 7-15-310(9).

(B) The State Election Commission may establish, in cooperation with the Federal Voting Assistance Program, a pilot project for the purposes of permitting armed forces personnel and overseas citizens to transmit their votes to the election authority over an electronic medium using the internet. For purposes of this project, armed forces personnel and overseas citizens are entitled to cast and have counted votes for only those candidates and questions for which they would be eligible to cast an absentee ballot. As is practicable, votes must be cast and counted in conformity with the provision of Title 7. The State Election Commission shall rely upon procedures established by the United States Department of Defense for security, secrecy, and validation of votes, and are not subject to civil liability or criminal penalty for following these procedures. This section may not be construed to create any grounds for recount or election contest not otherwise provided for in this chapter."

SECTION 2. The State Election Commission shall report the results of the Pilot Project authorized in Section 7-15-455 of the 1976 Code added by Section 1 of this act and recommend to the General Assembly possible future applications which may be utilized for voting by electronic means using the internet.

SECTION 3. Section 7-15-455 is repealed December 31, 2000.

SECTION 4. This act takes effect upon approval by the Governor.