South Carolina General Assembly
116th Session, 2005-2006

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Bill 3720

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 31, 2006

H. 3720

Introduced by Reps. Talley and Harrison

S. Printed 1/31/06--H.

Read the first time March 9, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3720) to amend Section 7-15-460, as amended, Code of Laws of South Carolina, 1976, relating to absentee voting by armed services personnel during a military emergency, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill by the State Election Commission indicates there will be no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.

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

SECTION    1.    Section 7-15-460 of the 1976 Code, as last amended by Act 275 of 1992, is further amended to read:

"Section 7-15-460.    (A)    As used in this section, 'emergency' means a war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved that would make it impractical for a South Carolina citizen serving in the United States armed services to register to vote or vote in person in the normal manner.

(B)    In the event of If there is an emergency, as defined in this section, the State Election Commission must, in cooperation with United States government agencies, shall 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 a South Carolina elector in the United States armed services, to ensure that all South Carolina residents located in the immediate area of the emergency, who are 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 forces of the United States, have in order to ensure that the elector has the opportunity to receive and cast any ballot they he would have been eligible to cast if they resided in and had remained he was located in South Carolina.

'Emergency' means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.

(C)    The State Election Commission shall promulgate regulations necessary for the implementation of this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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