South Carolina General Assembly
116th Session, 2005-2006

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A223, R210, S185

STATUS INFORMATION

General Bill
Sponsors: Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts
Document Path: l:\s-jud\bills\martin\jud0030.lam.doc

Introduced in the Senate on January 11, 2005
Introduced in the House on March 22, 2005
Last Amended on March 16, 2005
Passed by the General Assembly on January 27, 2006
Governor's Action: February 3, 2006, Signed

Summary: Requirements of vote recorders; Ballot standards and specifications

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  Senate  Prefiled
  12/15/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-169
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-169
   1/26/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-23
   3/16/2005  Senate  Amended SJ-34
   3/16/2005  Senate  Read second time SJ-34
   3/17/2005  Senate  Read third time and sent to House SJ-7
   3/22/2005  House   Introduced and read first time HJ-4
   3/22/2005  House   Referred to Committee on Judiciary HJ-4
   1/25/2006  House   Committee report: Favorable Judiciary HJ-13
   1/26/2006  House   Read second time HJ-16
   1/26/2006  House   Unanimous consent for third reading on next legislative 
                        day HJ-18
   1/27/2006  House   Read third time and enrolled HJ-1
   1/31/2006          Ratified R 210
    2/3/2006          Signed By Governor
    2/7/2006          Copies available
    2/7/2006          Effective date 02/03/06
   2/10/2006          Act No. 223

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004
1/26/2005
3/16/2005
1/25/2006


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A223, R210, S185)

AN ACT TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.

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

References to optical scanners added; separate vote on President eliminated

SECTION    1.    Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"Section 7-13-1340.    A vote recorder or optical scan voting device must not be adopted or used unless it:

(a)    provides facilities for voting for the candidates as may be nominated and upon the questions as may be submitted;

(b)    permits each elector, at other than primaries, to vote a straight party or body ticket, in one operation; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which the elector votes for individual candidates;

(c)    permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

(d)    permits each elector to vote, at any election, for any person and for any office for whom and for which the elector is lawfully entitled to vote, whether or not the name of the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;

(e)    precludes, when used in conjunction with a tabulating machine, the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and precludes the counting of votes for more persons for any office than the elector is entitled to vote for or for fewer than the elector is required to vote for, and precludes the counting of votes for any candidate for the same office or upon any question more than once;

(f)    permits voting in absolute secrecy, so that a person shall not see or know for whom any other elector has voted or is voting, except an elector whom the person has assisted or is assisting in voting, as prescribed by law;

(g)    is constructed of material of good quality, in a neat and workmanlike manner;

(h)    records, when properly operated, correctly and accurately every vote cast;

(i)     is constructed so that an elector may readily learn the method of operating it;

(j)     is safely transportable; and

(k)    if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), is able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."

Prohibition against combining official ballot presidential elector with other official ballots deleted

SECTION    2.    Section 7-13-320(C) of the 1976 Code, as last amended by Act 236 of 2000, is further amended by deleting the last sentence which reads:

"The official ballot for presidential electors shall not be combined with any other official ballots."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 31st day of January, 2006.

Approved the 3rd day of February, 2006.

__________


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