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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-1655. (A) As used in this section, 'voting system' means:
(1) the total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:
(a) define ballots;
(b) cast and count votes;
(c) report or display election results; and
(d) maintain and produce audit trail information;
(2) the practices and associated documentation used to:
(a) identify system components and versions of these components;
(b) test the system during its development and maintenance;
(c) maintain records of system errors and defects;
(d) determine specific system changes to be made to a system after the initial qualification of the system; and
(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.
(B) The State Election Commission shall:
(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;
(2) support the authorities charged by law with conducting elections, by providing basic level training for personnel in the operation of the voting system approved and adopted by the commission;
(3) support all aspects of creating the ballots and the database of the voting system that is approved and adopted;
(4) approve and adopt multiple voting systems if the commission, in its discretion, determines not to adopt one voting system; and
(5) comply with the provisions of Chapter 35 of Title 11 in procuring a voting system or systems, as defined in subsection (A)."
SECTION 2. Section 7-13-1320 of the 1976 Code is amended to read:
"Section 7-13-1320. (a) The use of vote recorders an optical scan voting system may be authorized for use in some absentee precincts in a county without requiring their use in all precincts.
(b) Vote recorders of different kinds may be used for different precincts in the same county.
(c) The county election commission shall provide vote recorders an optical voting system in such numbers as it deems considers necessary in good working order and of sufficient capacity to accommodate the names of all candidates for all party offices and nominations and public offices that, under the provisions of existing laws and party rules, are to be voted for at any primary or other election."
SECTION 3. Section 7-13-1330(A) and (H) of the 1976 Code, as last amended by Act 103 of 1999, are further amended to read:
"(A) Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it shall must be approved by the State Election Commission, which shall examine the vote recorder optical scan voting system and shall make and file in the commission's office a report, attested by the signature of the commission's executive director, stating whether, in the opinion of the commission commission's opinion, the kind of vote recorder so optical scan voting system examined can may be accurately and efficiently used by electors at elections, as provided by law. No vote recorder or A optical scan voting system may not be approved for use in the State unless certified by an Independent Testing Authority (ITA) a testing laboratory accredited by the National Association of State Election Directors and the State Election Commission federal Election Assistance Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national federal voting system standards. If this report states that the vote recorder can be so used, the recorder shall be considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided.
(H) Before any vote recorder or an optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA authority approved by the Federal Election Assistance Commission. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of The manufacturer to shall place all updates of these source codes in escrow, and to notify the State Election Commission that this requirement has been met."
SECTION 4. Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1620. (A) Before any kind of voting machine system, including an electronic voting machine system, is used at any an election, it must be approved by the State Election Commission, which shall examine the voting machine system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting machine so system examined can may be accurately and efficiently used by electors at elections, as provided by law. No A voting machine system may not be approved for use in the State unless certified by an Independent Testing Authority (ITA) a testing laboratory accredited by the National Association of State Election Directors and the State Election Commission federal Election Assistance Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national federal voting system standards.
(B) When a voting machine has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).
(C) Any A person or company who requests an examination of any type of voting machine must system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting machine system when evidence is presented to the commission that the accuracy or the ability of the machine system to be used satisfactorily in the conduct of elections is in question.
(D)(C) Any A person or company who seeks approval for any type of voting machine system in this State must shall file with the State Election Commission a list of all states or jurisdictions in which that voting machine system has been approved for use. This list must state how long the machine system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine system. The vendor is responsible for filing this information on an ongoing basis.
(E)(D) Any A person or an individual who seeks approval for any type of voting machine must system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting machine system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.
(F)(E) Any A person or company who seeks approval for any voting machine system must shall conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting machine system, as part of the certification process. The field test shall must involve South Carolina voters and election officials, and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting machine system must be borne by the vendor. The test must be designed to gauge voter reaction to the machine system, problems that voters have with the machine system, and the number of units required for the efficient operation of an election. The test also must also demonstrate the accuracy of votes reported on the machine system.
(G)(F) Before any a voting machine approved after July 1, 1999, system may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ITA authority approved by the Federal Election Assistance Commission. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of The manufacturer to shall place all updates of these source codes in escrow, and to notify the State Election Commission that this requirement had has been met.
(H)(G) After a voting machine system is approved, an improvement or change in the machine system must be submitted to the State Election Commission for approval pursuant to this section; however,. This requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tallying.
(I)(H) If the State Election Commission determines that a voting machine system that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640 Title 7, the commission may shall decertify that machine system. A decertified machine shall system must not be used in an election unless it is reapproved by the commission under subsections (A) and (B) pursuant to the provisions of Title 7 .
(I) After a voting system is approved, the vendor shall report decertification, ethical, or technical violations in any State to the State Election Commission. The vendor shall provide evidence to the State Election Commission to the commission's satisfaction that voting system deficiencies have been corrected or the voting system may be decertified.
(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have any a pecuniary interest in any voting machine system or in the manufacture or sale of any voting machine system."
SECTION 5. Sections 7-13-1310 and 7-13-1660 of the 1976 Code are repealed.
SECTION 6. Except as provided in this SECTION, this act takes effect upon approval by the Governor and when funding is available to implement the requirements of this act. The portions of Section 7-13-1330(A), Section 7-13-1330(H), and Section 7-13-1620 that relate to testing and certification, but not source codes, take effect when the members of the federal Election Assistance Commission are appointed and have adopted standards relating to testing and certification.
This web page was last updated on Tuesday, June 23, 2009 at 2:22 P.M.