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A253, R260, H3720
Sponsors: Reps. Talley, Harrison and Clark
Document Path: l:\council\bills\dka\3248dw05.doc
Introduced in the House on March 9, 2005
Introduced in the Senate on February 7, 2006
Last Amended on March 16, 2006
Passed by the General Assembly on March 22, 2006
Governor's Action: March 24, 2006, Signed
Summary: Absentee ballots
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/9/2005 House Introduced and read first time HJ-7 3/9/2005 House Referred to Committee on Judiciary HJ-8 1/31/2006 House Committee report: Favorable Judiciary HJ-2 2/1/2006 House Member(s) request name added as sponsor: Clark 2/1/2006 House Read second time HJ-36 2/2/2006 House Read third time and sent to Senate HJ-14 2/7/2006 Senate Introduced and read first time SJ-10 2/7/2006 Senate Referred to Committee on Judiciary SJ-10 2/7/2006 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen, Williams 3/15/2006 Senate Committee report: Favorable with amendment Judiciary SJ-18 3/16/2006 Senate Amended SJ-21 3/16/2006 Senate Read second time SJ-21 3/16/2006 Senate Unanimous consent for third reading on next legislative day SJ-21 3/17/2006 Senate Read third time and returned to House with amendments SJ-1 3/22/2006 House Concurred in Senate amendment and enrolled HJ-14 3/23/2006 Ratified R 260 3/24/2006 Signed By Governor 3/28/2006 Copies available 3/28/2006 Effective date 03/24/06 4/5/2006 Act No. 253
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A253, R260, H3720)
AN ACT TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7, BY ADDING SECTION 7-15-405 SO AS TO REQUIRE THE AUTHORITY CHARGED WITH CONDUCTING AN ELECTION TO PROVIDE AN ABSENTEE INSTANT RUNOFF BALLOT FOR VOTING IN A POTENTIAL PRIMARY RUNOFF AT LEAST FORTY-FIVE DAYS PRIOR TO THE PRIMARY ELECTION TO THE QUALIFIED ELECTORS OF THIS STATE WHO ARE ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; AND TO AMEND SECTION 7-15-460, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO DIRECT THE STATE ELECTION COMMISSION, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TO TAKE ALL STEPS AND ACTION AS MAY BE NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Executive director, additional responsibilities
SECTION 1. Section 7-3-20 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-3-20. (A) The State Election Commission shall elect an executive director who shall be directly responsible to the commission and who shall serve at the pleasure of the commission. The executive director shall be the chief administrative officer for the State Election Commission.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.
(C) The executive director shall:
(1) maintain a complete 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;
(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) enter names on the master file as they are reported by the county registration boards;
(4) furnish each county registration board with a master list of all registered voters in the county, together with 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;
(5) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(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;
(7) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(10) furnish at reasonable price any precinct lists to a qualified elector requesting them;
(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; and
(12) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the United States Code, Title 42, Section 1973ff, et seq."
Absentee instant runoff ballot
SECTION 2. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-405. (A) For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., an absentee ballot with an absentee instant runoff ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.
(B) The absentee instant runoff ballots for second primaries must be prepared by the authority charged with conducting the election.
(C) The absentee instant runoff ballot for a second primary shall permit the elector to vote his order of preference for each candidate for each office by indicating a rank next to the candidate's name on the ballot. However, the elector shall not be required to indicate his preference for more than one candidate on the ballot if he so chooses.
(D) The special absentee ballot shall be designated as an 'absentee instant runoff ballot' and be clearly distinguishable from the regular absentee ballot.
(E) Instructions explaining the absentee instant runoff voting process must be provided with the ballot to the qualified elector.
(F) The State Election Commission shall promulgate regulations necessary for the implementation of this section."
Absentee ballots as provided by Uniformed and Overseas Citizens Absentee Voting Act
SECTION 3. Section 7-15-460 of the 1976 Code is amended to read:
"Section 7-15-460. (A) To ensure that all South Carolina residents eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application for voter registration and an application for absentee ballots and electronic transmissions of absentee ballots to or from any elector eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act.
(B) The State Election Commission shall promulgate regulations necessary for the implementation of this section."
SECTION 4. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 23rd day of March, 2006.
Approved the 24th day of March, 2006.
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