South Carolina General Assembly
116th Session, 2005-2006

Download This Version in Microsoft Word format

Bill 370

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 14, 2005

S. 370

Introduced by Senator Hawkins

S. Printed 4/14/05--S.

Read the first time January 27, 2005.

            

A BILL

TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.

Amend Title To Conform

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

SECTION    1.    Section 7-17-260 of the 1976 Code is amended to read:

"Section 7-17-260.    The State Board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the State Board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."

SECTION    2.    Chapter 25, Title 7 of the 1976 Code is amended by adding:

"Section 7-25-210.    A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Tuesday, June 23, 2009 at 2:27 P.M.