S 1351 Session 110 (1993-1994)
S 1351 General Bill, By Senate Judiciary
A Bill to amend Chapter 5, Title 7, Code of Laws of South Carolina, 1976, by
adding Article 4, so as to designate voter registration agencies to provide
certain services regarding voter registration to facilitate this process, to
provide for a procedure by which a valid voter registration form may be
completed at the Department of Revenue, Division of Motor Vehicles, to provide
a procedure for an elector to vote at a polling place when they have moved and
have not reregistered in the precinct in which they reside, and to enumerate
the powers of the State Election Commission in implementing the provisions of
the National Voter Registration Act of 1993; to amend Section 7-3-20, relating
to the responsibilities of the Executive Director of the State Election
Commission, so as to delete the requirement that the Executive Director delete
the name of any elector who is no longer qualified to vote in the precinct
where he is currently registered and the name of an elector who has failed to
vote in each of two consecutive statewide elections, and provide that the
Executive Director serve as the Chief State Election Official responsible for
implementing and coordinating the State's responsibilities under the National
Voter Registration Act of 1993; to amend Section 7-3-30, relating to the
notice of deletion of an elector's name from the roster of electors, so as to
delete certain archaic references and references to provisions which are being
eliminated pursuant to the provisions of this Act,and provide that if the
deletion is for conviction, an appeal by an elector that his name has been
deleted from the roster must be to the Executive Director of the State
Election Commission; to amend Section 7-5-155, relating to the registration of
an elector by mail, so as to authorize a person to register a vote by mailing
or having delivered a completed State registration by mail application form or
a completed national registration by mail application form prescribed by the
Federal Election Commission, to reduce from forty-five to thirty days the time
required before any election to file this application form, to provide that if
the postmark of the application is missing or illegible the County Board of
Voter Registration shall accept the application if it is received by mail no
later than five days after the close of the registration books before the
election, to delete the provisions requiring the application to be witnessed
by a qualified elector, and to add certain
04/13/94 Senate Introduced, read first time, placed on calendar
without reference SJ-14
04/14/94 Senate Read second time SJ-45
04/14/94 Senate Ordered to third reading with notice of
amendments SJ-45
04/20/94 Senate Read third time and sent to House SJ-8
04/21/94 House Introduced and read first time HJ-18
04/21/94 House Referred to Committee on Judiciary HJ-21
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 13, 1994
S. 1351
Introduced by Judiciary Committee
S. Printed 4/13/94--S.
Read the first time April 13, 1994.
A BILL
TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO
DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE
CERTAIN SERVICES REGARDING VOTER REGISTRATION TO
FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE
BY WHICH A VALID VOTER REGISTRATION FORM MAY BE
COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION
OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN
ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY
HAVE MOVED AND HAVE NOT REREGISTERED IN THE
PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE
THE POWERS OF THE STATE ELECTION COMMISSION IN
IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER
REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20,
RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE
DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS
TO DELETE THE REQUIREMENT THAT THE EXECUTIVE
DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS
NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE
HE IS CURRENTLY REGISTERED AND THE NAME OF AN
ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO
CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE
THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF
STATE ELECTION OFFICIAL RESPONSIBLE FOR
IMPLEMENTING AND COORDINATING THE STATE'S
RESPONSIBILITIES UNDER THE NATIONAL VOTER
REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30,
RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S
NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE
CERTAIN ARCHAIC REFERENCES AND REFERENCES TO
PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO
THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE
DELETION IS FOR CONVICTION, AN APPEAL BY AN
ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE
ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE
STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY
MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO
VOTE BY MAILING OR HAVING DELIVERED A COMPLETED
STATE REGISTRATION BY MAIL APPLICATION FORM OR A
COMPLETED NATIONAL REGISTRATION BY MAIL
APPLICATION FORM PRESCRIBED BY THE FEDERAL
ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO
THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION
TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF
THE POSTMARK OF THE APPLICATION IS MISSING OR
ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION
SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY
MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF
THE REGISTRATION BOOKS BEFORE THE ELECTION, TO
DELETE THE PROVISIONS REQUIRING THE APPLICATION TO
BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD
CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES
BEING DESIGNATED UNDER THE PROVISIONS OF SECTION
7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE
REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR
ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO
VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A
QUALIFIED ELECTOR WHO HAS MOVED FROM ONE
ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE
COUNTY BOARD OF REGISTRATION OF A CHANGE OF
ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING
TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS
WHOSE REGISTRATION IS TRANSFERRED, SO AS TO
CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME
MAY BE DELETED FROM THE MASTER FILE; TO AMEND
SECTION 7-7-910, RELATING TO THE PLACE REGISTERED
ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE
THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS
OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH
REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE
NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER
SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT
HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO
AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE
PROCEDURE WHICH MUST BE USED WHEN A VOTER IS
CHALLENGED, SO AS TO ADD A PROVISION WHICH
REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH
BALLOT IN QUESTION AND COUNT ONLY THAT PORTION
OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE
PRECINCT IN WHICH THE ELECTOR RESIDES; TO AMEND
SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS
WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE
FREEDOM OF INFORMATION ACT, SO AS TO ADD
COMPLETED VOTER REGISTRATION APPLICATION FORMS;
AND TO AMEND SECTION 7-13-810, AS AMENDED, RELATING
TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS
TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY
CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A
CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART
ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND
PROVIDE WHAT THIS EVIDENCE MAY INCLUDE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the United States
Congress has enacted the "National Voter Registration Act of
1993", P.L. No. 103-31 (1993). The purpose of this act is to
comply with the provisions of that law.
SECTION 2. Chapter 5, Title 7 of the 1976 Code is amended by
adding:
"Article 4
Multiple Site Voter Registration and Responsibilities
of the State Election Commission in implementing
the National Voter Registration Act of 1993
Section 7-5-310. (A) As used in this article:
(1) `voter registration agency' means an office designated to
perform specific voter registration activities;
(2) `motor vehicle driver's license' means any personal
identification document issued by the Department of Revenue. (B) There are designated the following voter registration agencies:
(1) Department of Social Services;
(2) Department of Health and Environmental Control - WIC
program;
(3) Department of Alcohol and Other Drug Abuse;
(4) Department of Disabilities and Special Needs;
(5) Department of Mental Health;
(6) Commission for the Blind;
(7) Department of Vocational Rehabilitation;
(8) The Wil Lou Gray Opportunity School;
(9) South Carolina Protection and Advocacy System for the
Handicapped;
(10) Armed Forces recruiting offices.
(C) At each voter registration agency, the following services must
be made available:
(1) distribution of voter registration application forms in
accordance with subsection (F).
(2) assistance to applicants in completing voter registration
application forms, unless the applicant refuses the assistance.
(3) acceptance of completed voter registration application forms
for transmittal to the county board of voter registration.
(D) If a voter registration agency designated under the provisions
of this section provides services to a person with a disability at the
person's home, the agency shall provide the services described in
subsection (C) at the person's home.
(E) A person who provides services described in subsection (C)
may not:
(1) seek to influence an applicant's political preference;
(2) display a political preference or party allegiance;
(3) make any statement to an applicant or take any action the
purpose or effect of which is to discourage the applicant from
registering to vote; or
(4) make any statement to an applicant or take any action the
purpose or effect of which is to lead the applicant to believe that a
decision to register to vote has any bearing on the availability of
services or benefits.
(F) A voter registration agency that is an office that provides
service or assistance in addition to conducting voter registration shall:
(1) distribute to each applicant for the service or assistance, and
with each recertification, renewal, or change of address form relating
to the service or assistance the voter registration application form,
including a statement that:
(a) specifies each eligibility requirement (including
citizenship);
(b) contains an attestation that the applicant meets the
requirement; and
(c) requires the signature of the applicant, under penalty of
perjury; or
(2)(a) provide a form that includes:
(i) the question, `If you are not registered to vote where
you live now, would you like to apply to register to vote here today?';
(ii) if the agency provides public assistance, the statement,
`Applying to register or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency'.;
(iii) boxes for the applicant to check to indicate whether the
applicant would like to register or decline to register to vote (failure
to check either box being considered to constitute a declination to
register for purposes of subsection (G), together with the statement (in
close proximity to the boxes and in prominent type), `IF YOU DO
NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO
HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME'.;
(iv) the statement, `If you would like help in filling out
the voter registration application form, we will help you. The decision
whether to seek or accept help is yours. You may fill out the
application form in private'.; and
(v) the statement, `If you believe that someone has
interfered with your right to register or decline to register to vote,
your privacy in deciding whether to register or in applying to register
to vote, you may file a complaint with the State Election
Commission'. The name, address, and telephone number of the
Executive Director of the State Election Commission must be printed
on the form; and
(b) provide to each applicant who does not decline to register
to vote the same degree of assistance with regard to the completion of
the registration application form as is provided by the office with
regard to the completion of its own forms, unless the applicant refuses
the assistance.
(G) No information relating to a declination to register to vote in
connection with an application made at an office described in
subsection (B) may be used for any purpose other than voter
registration.
(H)(1) A completed registration application accepted at a voter
registration agency must be transmitted to the county board of voter
registration not later than ten days after 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 7-5-320. (A)(1) Each state motor vehicle driver's license
application, including a renewal application, submitted to the
Department of Revenue, Division of Motor Vehicles, 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 driver's license application serves as a declination to
register.
(2) An application for voter registration submitted under item
(1) is considered to update any previous voter registration by the
applicant.
(B) No information relating to the failure of an applicant for a state
motor vehicle driver's license to sign a voter registration application
may be used for any purpose other than voter registration.
(C)(1) The Department of Revenue, Division of Motor Vehicles,
shall include a voter registration form as part of an application for a
state motor vehicle driver's license.
(2) The voter registration application portion of an application
for a state motor vehicle driver's license:
(a) may not require any information that duplicates
information required in the driver's license portion of the form, other
than a second signature or other information necessary under 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) includes 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) includes, 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 will remain
confidential and will 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
will remain confidential and will 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 official.
(D) A change of address form submitted in accordance with state
law for purposes of a state motor vehicle driver's license 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 motor vehicle driver's license accepted at a state motor vehicle
authority 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 7-5-330. (A) In the case of registration with a motor
vehicle application under Section 7-5-320, the valid voter registration
form of the applicant must be completed at the Department of
Revenue, Division of Motor Vehicles, no later than thirty days before
the date of the election.
(B) In the case of registration by mail under Section 7-5-155,
the valid voter registration form of the applicant must be post-marked
no later than thirty days before the date of the election.
(C) In the case of registration at a voter registration agency, the
valid voter registration form of the applicant must be completed at the
voter registration agency no later than thirty days before the date of
the election.
(D) In any other case, the valid voter registration form of the
applicant must be received by the county board of voter registration
no later than thirty days before the date of the election.
(E) (1) The county board of voter registration shall:
(a) send notice to each applicant of the disposition of the
application and;
(b) ensure that the identity of the voter registration
agency through which a particular voter is registered is not disclosed
to the public as provided under the provisions of Section 30-4-40.
(2) If the notice sent pursuant to the provisions of subitem
(a) of this item is returned to the board of voter registration as
undeliverable, the elector to whom it was sent must be reported by the
board to the State Election Commission. The State Election
Commission must place the elector in an inactive status on the master
file and may remove this elector upon compliance with the provisions
of Section 7-5-330(F).
(F)(1) The State Election Commission may not remove the name
of a qualified elector from the official list of eligible voters on the
ground that the qualified elector has changed residence unless the
qualified elector:
(a) confirms in writing that the qualified elector has
changed residence to a place outside the county in which the qualified
elector is registered; or
(b) (i) has failed to respond to a notice described in item
(2); and
(ii) has not voted or appeared to vote and, if necessary,
correct the county board of voter registration's record of the qualified
elector's address, in an election during the period beginning on the
date of the notice and ending on the day after the date of the second
general election that occurs after the date of the notice.
(2) `Notice', as used in this item, means a postage prepaid and
preaddressed return card, sent by forwardable mail, on which the
qualified elector may state his current address, together with a
statement to the following effect:
(a) if the qualified elector did not change his residence, or
changed residence but remained in the same county, the qualified
elector shall return the card no later than thirty days before the date
of the election. If the card is not returned, affirmation or confirmation
of the qualified elector's address may be required before the qualified
elector is permitted to vote during the period beginning on the date of
the notice and ending on the day after the date of the second general
election that occurs after the date of the notice, and if the qualified
elector does not vote in an election during that period the qualified
elector's name must be removed from the list of eligible voters;
(b) if the qualified elector has changed residence to a place
outside the county in which the qualified elector is registered,
information as to how the qualified elector can re-register to vote.
(3) The county board of voter registration shall correct an
official list of eligible voters in accordance with change of residence
information obtained pursuant to the provisions of this subsection. (4) The program required pursuant to the provisions of
subsection (F) of this section must be completed no later than ninety
days before the date of a statewide primary or general election.
Section 7-5-340. The State Election Commission shall:
(1) provide that the name of a qualified elector may not be
removed from the official list of eligible voters except:
(a) at the request of the qualified elector;
(b) as adjudicated by a court of competent jurisdiction;
(c) as provided under item (2);
(2) conduct a general program that makes a reasonable effort
to remove the names of ineligible voters from the official lists of
eligible voters by reason of:
(a) the death of the qualified elector; or
(b) a change in the residence of the qualified elector;
(3) inform applicants under Sections 7-5-155, 7-5-310, and
7-5-320 of:
(a) voter eligibility requirements; and
(b) penalties provided by law for submission of a false
voter registration application.
(4)(a) complete, no later than ninety days before the date of
a statewide primary or general election, a program to systematically
remove the names of ineligible voters from the official lists of eligible
voters in compliance with the provisions of Section 7-5-330(F).
(b) subitem (a) may not be construed to preclude:
(i) the removal of names from official lists of voters on
a basis described in items (1) and (2); or
(ii) correction of registration records pursuant to this
article."
SECTION 3. Section 7-3-20(C) of the 1976 Code is amended to
read:
"(C) The executive director shall:
(1) maintain a complete roster 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,
or (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) For the purpose of removing from the roster the names of
electors who are presumed to be no longer qualified to vote in the
precinct where registered, delete the name of any elector who has
failed to vote in each of two consecutive State-wide general elections
and also failed to vote in any other election which might
have been held in the precinct in which he is registered within the
period of time intervening between the two general elections;
(4) (3) enter names on the various rosters
master file as they are reported by the county registration
boards;
(5) (4) furnish each county registration board
with a master list of all registered voters in the county, together with
three copies 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;
(6) (5) maintain all information furnished his
office relating to the inclusion or deletion of names from the
rosters master file for four years;
(7) (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;
(8) (7) secure from the United States courts
in South Carolina and federal and state agencies
available information as to persons convicted of disqualifying crimes;
(9) (8) obtain information from any other
source which may assist him in carrying out the purposes of this
section;
(10) (9) perform such other duties relating to
elections as may be assigned him by the State Election Commission;
and
(11) (10) furnish at reasonable price any and all
precinct lists to any qualified elector requesting same.;
and
(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."
SECTION 4. Section 7-3-30(b) of the 1976 Code is amended to
read:
"(b) Each elector whose name has been deleted shall
have has twenty days from the date such
the notice is mailed in which to appeal. The appeal
shall must be to the county board of voter
registration from whose roster master file the deletion
has been made. If the board determines that the elector's name should
not have been deleted, it shall instruct the central registration office to
restore his name to the registration books; provided, however, that
if the elector's name has been deleted solely by reason of his failure
to vote as provided in Section 7-3-20(C)(3), his name shall be restored
as a matter of course to the registration books upon his request if he
shall be otherwise qualified, however, if the deletion is for
conviction, the appeal must be to the Executive Director of the State
Election Commission."
SECTION 5. Section 7-5-155(a)(1) of the 1976 Code is amended
to read:
"(1) Subject to the provision of Section 7-5-150, any
qualified citizen may register to vote by mailing or having delivered
a completed state registration by mail application form or a
completed national registration by mail application form prescribed by
the Federal Election Commission application not later than
forty-five thirty days immediately prior
to before any election to his registration board. The
postmark date of a mailed application is considered the date of
mailing. If the postmark date is missing or illegible, the county
board of voter registration shall accept the application if it is received
by mail no later than five days after the close of the registration books
before any election. The application must be witnessed by a
qualified elector from the respective county. The name, address, the
voter certificate number of the witness, and where applicable the
telephone number must be legibly written on the application. The
person witnessing the application may not be a filed candidate for
public office at the time of the application. Any applicant or witness
is subject to the penalty provided in Section 7-25-20 for fraudulent
registration."
SECTION 6. Section 7-5-155(c) of the 1976 Code is amended to
read:
"(c)(1) The State Election Commission shall
furnish a sufficient number of applications to the county boards of
voter registration boards and voter registration
agencies specified in Section 7-5-310(B) so that distribution of
the applications may be made to various locations throughout the
counties and mailed to persons requesting them.
(2) County boards of voter registration shall
distribute application forms to various locations in their respective
counties, including city halls and public libraries,
where they must be readily available to the public."
SECTION 7. Section 7-5-440 of the 1976 Code is amended to
read:
"Section 7-5-440. No elector shall vote in any polling
precinct unless his name appears on the official list of voters for the
precinct. If the name of any registered elector does not appear or
incorrectly appears on the official list of voters of his precinct, he may
vote if he presents to the managers of election of the precinct, in
addition to his valid South Carolina driver's license or other form of
identification required by Section 7-13-710 if he is not licensed to
drive, a certificate of a member of the registration board of his county
that his name is registered and on file in the office of the registration
board of his county or a certificate of the executive director that his
name is enrolled in the records of his county on file in the office of
the executive director. Any elector may also vote upon presenting the
written notification of registration issued by the board if the elector
has signed the notification.
(A) A qualified elector who has moved from an address in
a precinct to an address in the same precinct shall, notwithstanding
failure to notify the county board of voter registration of the change
of address prior to the date of an election, be permitted to vote at that
precinct's polling place upon oral or written affirmation by the
qualified elector of the change of address before an election official
at that polling place.
(B) A qualified elector who has moved from an address in one
precinct to an address in another precinct within the same county and
who has failed to notify the county board of voter registration of the
change of address before the date of an election, at the option of the
elector:
(a) must be permitted to correct the voting records and vote
challenged ballots counting only the races for federal, statewide, and
countywide offices pursuant to the provisions of Section 7-13-830 at
the elector's former polling place, upon oral or written affirmation by
the elector of the new address before an election official at that polling
place; or
(b) must be permitted to correct the voting records and vote
at a central location located at the main office of the county board of
voter registration where a list of eligible voters is maintained, upon
written affirmation by the elector of the new address on a standard
form provided at the central location;
(C) If the registration records indicate inaccurately that a
qualified elector has moved from an address in the precinct, the elector
shall be permitted to vote at that polling place, upon oral or written
affirmation by the elector before an election official at that polling
place that the qualified elector continues to reside at his address.
(D) For voting purposes, in the case of a change of address of
a qualified elector to another address within the same county, the
county board of voter registration shall correct the voting registration
list accordingly, and the elector's name may not be removed from the
official list of eligible voters except as provided in Section 7-5-330(F).
(E) At least one member of the county
registration board of voter registration, clerk, or deputy
registrar must be present in the registration board's office at all
hours during which the polls are open on every election day for the
purpose of carrying out the provisions of this section."
SECTION 8. Section 7-7-720 of the 1976 Code is amended to
read:
"Section 7-7-720. (A) Any A
person whose registration is transferred to another precinct by virtue
of the provisions of this article must be delivered,
notified by mail, notification from by the
county registration board of voter registration
reflecting the new precinct of the transfer.
(B) Any A person whose notification is
returned to the board of voter registration because he is no
longer at the address shown on the board's records must have his
name removed from the registration books. The county registration
office must notify the State Election Commission of the removal.
Further notice to the elector is not required. If the elector's name has
been deleted solely by reason of the return of the notification, his
name must be restored as a matter of course to the registration books
immediately upon his request if he is otherwise qualified to vote in
that precinct as undeliverable, must be reported by the board
to the State Election Commission. The State Election Commission
must place the elector in an inactive status on the master file and may
remove this elector upon compliance with the provisions of Section 7-5-330(F)."
SECTION 9. Section 7-7-910 of the 1976 code is amended to
read:
"Section 7-7-910. Subject to the provisions of Section
Sections 7-7-920 and 7-5-440, every registered
elector shall must be registered and, unless
otherwise specified on his voting certificate, shall vote at the
nearest designated voting polling place
within the precinct of his residence, but in incorporated towns
municipalities in which officers are elected by wards or other
municipal subdivisions electors shall must be
registered and shall vote at the voting places nearest to their
residences within the ward or other subdivision of their residences
their designated polling places."
SECTION 10. Section 30-4-40(a) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended by adding an
appropriately numbered item:
"( ) completed voter registration application forms;"
SECTION 11. Section 7-13-810 of the 1976 Code, as last amended
by Act 357 of 1990, is further amended to read:
"Section 7-13-810. The managers of election shall prevent
any a person from voting when they have good reason
to believe the person has already voted. They shall refuse to allow
any a person to vote who is not a registered elector or
who has become disqualified for any cause to vote in such
the voting precinct. They may also may
prevent any voter from consuming more than five minutes in voting,
but no manager shall may examine, read, or handle the
ballot being voted or about to be voted by a voter or interfere in any
way with the voting of any a voter otherwise than
herein provided in this section. Any
An elector or a qualified watcher may, and it
is the duty of the managers of the election to, may challenge
the vote of any a person who may be known or
suspected not to be a qualified voter. However, the challenges by
persons other than a manager must be addressed to the manager and
not directly to the voter. The manager shall then shall
present the challenge to the voter and act in accordance with the
provisions provided for in this section. All challenges must be
made before the time a voter receives deposits a paper
ballot in a ballot box or enters into casts his vote
in a voting machine, and no challenge may be considered
after that time. However, challenges may be made at any time before
the opening of return-addressed envelopes and the removal of `Ballot
Herein' envelopes from them as to absentee voters. Nothing contained
from them in this section affects the right of
any an elector or a qualified watcher to
challenge the vote of any a person which is fraudulent
or when the challenge is based on evidence discovered after the vote
is cast. A candidate may protest an election in which he is a
candidate pursuant to Section 7-17-30 when the protest is based in
whole or in part on evidence discovered after the election.
This evidence may include, but is not limited to, after-discovered
evidence of voters who have voted in a precinct or for a district office
other than the one in which they are entitled by law to
vote."
SECTION 12. This act takes effect January 1, 1995, except that
Sections 5, 10, and 11 take effect upon approval by the Governor.
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