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Indicates Matter Stricken
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S. 370
STATUS INFORMATION
General Bill
Sponsors: Senator Hawkins
Document Path: l:\s-res\jdh\005prot.kmm.doc
Introduced in the Senate on January 27, 2005
Introduced in the House on April 26, 2005
Last Amended on April 14, 2005
Currently residing in the House Committee on Judiciary
Summary: Civil immunity for poll workers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/27/2005 Senate Introduced and read first time SJ-9
1/27/2005 Senate Referred to Committee on Judiciary SJ-9
4/13/2005 Senate Committee report: Favorable with amendment Judiciary
SJ-15
4/14/2005 Senate Amended SJ-26
4/18/2005 Senate Read second time SJ-33
4/21/2005 Senate Read third time and sent to House SJ-11
4/26/2005 House Introduced and read first time HJ-11
4/26/2005 House Referred to Committee on Judiciary HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 14, 2005
S. 370
S. Printed 4/14/05--S.
Read the first time January 27, 2005.
TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-17-260 of the 1976 Code is amended to read:
"Section 7-17-260. The State Board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the State Board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."
SECTION 2. Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-210. A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness."
SECTION 3. This act takes effect upon approval by the Governor.
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