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TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VOTER ASSISTANCE, SO AS TO PROVIDE THAT VOTERS WHO REQUIRE ASSISTANCE DUE TO BLINDNESS, DISABILITY, OR INABILITY TO READ OR WRITE MAY BE GIVEN ASSISTANCE BY A PERSON OF THE VOTER'S CHOICE OTHER THAN THE VOTER'S EMPLOYER OR AGENT OF THE EMPLOYER OR OFFICER OR AGENT OF THAT VOTER'S UNION.
Whereas, the provisions of Section 7-13-770 that were enacted by Act No. 445 of 1984 have never been precleared by the U.S. Department of Justice and therefore cannot be put into effect; and
Whereas, the Voting Rights Act of 1965, amended in 1982 and effective January 1, 1984, provides that "Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice other than the voter's employer or agent of the employer or officer or agent of that voter's union;" and
Whereas, through this legislation, the General Assembly seeks to comply with the requirements of the Voting Rights Act by replacing the language that has not been precleared with the existing provisions of the Voting Rights Act. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-13-770 of the 1976 Code is amended to read:
"Section 7-13-770. No person other than a voter preparing his ballot is allowed within the guard rail, except as provided in this section. A voter who requires assistance to vote by reason of blindness, disability, or inability to read or write shall make the fact known to the managers. The chairman of the managers shall appoint one of the managers and any person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union to assist the voter in preparing his ballot. After the voter's ballot has been prepared, the person chosen by the voter to assist him shall immediately leave the vicinity of the guard rail. In lieu of the above assistance a person may have a member of his family or, in the case of a blind voter, any person of his choosing render him assistance in voting without the presence of a manager. The term 'family' means spouse, father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, niece, or nephew. Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice other than the voter's employer or agent of the employer or officer or agent of that voter's union."
SECTION 2. This act takes effect upon approval by the Governor.
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