South Carolina General Assembly
116th Session, 2005-2006

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H. 4780

STATUS INFORMATION

General Bill
Sponsors: Reps. Delleney, G.M. Smith, J. Brown, Ceips, Clark, Frye, Harvin, Herbkersman, Leach, Lucas, Martin, Miller, Moody-Lawrence, J.H. Neal, E.H. Pitts, Rutherford and Sinclair
Document Path: l:\council\bills\dka\3644dw06.doc

Introduced in the House on March 8, 2006
Currently residing in the House Committee on Judiciary

Summary: Voter registration

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/8/2006  House   Introduced and read first time HJ-43
    3/8/2006  House   Referred to Committee on Judiciary HJ-44

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/8/2006

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-323 SO AS TO PROVIDE THAT THE APPLICATION FOR A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT SERVES AS AN APPLICATION FOR VOTER REGISTRATION UNDER CERTAIN CONDITIONS, TO PROVIDE THAT INFORMATION RELATING TO THE FAILURE OF AN APPLICANT FOR A STATE HUNTING OR FISHING LICENSE OR PERMIT TO SIGN A VOTER REGISTRATION APPLICATION MAY NOT BE USED FOR ANY PURPOSE OTHER THAN VOTER REGISTRATION, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE A VOTER REGISTRATION FORM AS PART OF AN APPLICATION FOR A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT WITH CERTAIN REQUIREMENTS, TO PROVIDE A CHANGE OF ADDRESS FORM FOR PURPOSES OF A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT MAY SERVE AS NOTIFICATION OF CHANGE OF ADDRESS FOR VOTER REGISTRATION, AND TO PROVIDE THAT A COMPLETED VOTER REGISTRATION PORTION OF AN APPLICATION FOR A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT MUST BE TRANSMITTED TO THE COUNTY BOARD OF VOTER REGISTRATION NO LATER THAN TEN DAYS AFTER THE DATE OF ACCEPTANCE OR IF ACCEPTED WITHIN FIVE DAYS BEFORE THE LAST DAY FOR REGISTRATION TO VOTE IN AN ELECTION, FIVE DAYS AFTER THE DATE OF ACCEPTANCE; BY AMENDING SECTION 7-5-325, RELATING TO ADDRESS CHANGES SUBMITTED BY AN ELECTOR FOR REGISTRATION FOR VOTING PURPOSES, SO AS TO INCLUDE THE PROVISION THAT A CHANGE OF ADDRESS FORM FOR PURPOSES OF A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT SERVES AS NOTIFICATION OF CHANGE OF ADDRESS FOR VOTER REGISTRATION IF MARKED APPROPRIATELY; AND BY AMENDING SECTION 7-5-330, AS AMENDED, RELATING TO COMPLETION, RECEIPT, AND DISPOSITION OF A VOTER REGISTRATION APPLICATION, SO AS TO PROVIDE THAT AN APPLICANT FOR A STATE RESIDENT HUNTING AND FISHING LICENSE MAY COMPLETE A VOTER REGISTRATION FORM AT THE DEPARTMENT OF NATURAL RESOURCES.

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

SECTION    1.    Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-323.    (A)(1)    Each application for a state resident hunting or fishing license or permit, including a renewal application, submitted to the Department of Natural Resources by a resident of South Carolina serves as an application for voter registration unless the applicant fails to sign the voter registration application. Failure to sign the voter registration portion of the state resident hunting or fishing license or permit application serves as a declination to register.

(2)    An application for voter registration submitted as provided by item (1) is considered to update any previous voter registration by the applicant.

(B)    Any information relating to the failure of an applicant for a state hunting or fishing license to sign a voter registration application may not be used for any purpose other than voter registration.

(C)(1)    The Department of Natural Resources shall include a voter registration form as part of an application for a state resident hunting or fishing license or permit.

(2)    The voter registration application portion of an application for a state resident hunting or fishing license or permit:             (a)    may not require any information that duplicates information required in the hunting or fishing license portion of the form, other than a second signature or other information necessary as provided by subitem (c);

(b)    may require only the minimum amount of information necessary to:

(i)    prevent duplicate voter registrations; and

(ii)    enable a county board of voter registration to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(c)    must include a statement that:

(i)    states each eligibility requirement, including citizenship;

(ii)    contains an attestation that the applicant meets each requirement; and

(iii)    requires the signature of the applicant under penalty of perjury;

(d)    must include in print identical to that used in the attestation portion of the application:

(i)    the information required in Section 7-5-320(C)(2)(c);

(ii)    a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register remains confidential and must be used only for voter registration purposes; and

(iii)    a statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application remains confidential and must be used only for voter registration purposes; and

(e)    must be made available, as submitted by the applicant, to the county board of voter registration in which the application is made.

(D)    A change of address form submitted in accordance with state law for purposes of a state resident hunting or fishing license or permit serves as notification of change of address for voter registration unless the qualified elector states on the form that the change of address is not for voter registration purposes.

(E)(1)    A completed voter registration portion of an application for a state resident hunting or fishing license or permit accepted by an agency or entity authorized to sell hunting or fishing licenses or permits must be transmitted to the county board of voter registration no later than ten days after the date of acceptance.

(2)    If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of registration not later than five days after the date of acceptance."

SECTION    2.    Section 7-5-325 of the 1976 Code, as added by Act 103 of 1999, is amended to read:

"Section 7-5-325.    Any A change of address submitted by an elector for registration or voting purposes as provided by Sections 7-5-320(D), 7-5-323(D), 7-5-330(F)(2)(a), and 7-5-440, and any other written notification of change of address signed by an elector are considered to be given under oath. An elector convicted of fraudulently providing such change of address is guilty of violating Section 7-25-10 and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION    3.    Section 7-5-330(A) of the 1976 Code, as last amended by Act 51 of 2003, is further amended to read:

"(A)    In the case of registration with a motor vehicle application under Section 7-5-320 or registration with a state resident hunting and fishing license under Section 7-5-323, the valid voter registration form of the applicant must be completed at the Department of Motor Vehicles or the Department of Natural Resources no later than thirty days before the date of the election."

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

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