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TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO AUTHORIZE A UNITED STATES CITIZEN OUTSIDE THE UNITED STATES UNDER CERTAIN CONDITIONS TO BE ELIGIBLE TO REGISTER AND VOTE WHERE HIS PARENT IS A QUALIFIED ELECTOR; AND TO AMEND SECTION 7-15-110, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO AUTHORIZE A PERSON TO VOTE BY ABSENTEE BALLOT IF HE OR A PARENT LAST RESIDED IN THIS STATE IMMEDIATELY BEFORE HIS OR HIS PARENT'S DEPARTURE FROM THE UNITED STATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-120 of the 1976 Code, as last amended by Act 408 of 1996, is further amended to read:
"Section 7-5-120. (A) Every citizen of this State and the United States who applies for registration must be registered if he meets the following qualifications:
(1) meets the age qualification as provided in Section 4, Article II of the Constitution of this State;
(2) is not laboring under disabilities named in the Constitution of 1895 of this State; and
(3) is a resident in the county and in the polling precinct in which the elector offers to vote.
(B) A person is disqualified from being registered or voting if he is:
(1) is mentally incompetent as adjudicated by a court of competent jurisdiction; or
(2) is serving a term of imprisonment resulting from a conviction of a crime; or
(3) is convicted of a felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned.
(C) If a United States citizen outside the United States who has never lived in the United States has a parent who is a qualified elector, then that person is eligible to register and vote where the person's parent is a qualified elector, provided the person is not registered to vote in another state or territory of the United States."
SECTION 2. Section 7-15-110 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-15-110. The following persons are qualified to register to vote using the Standard Form 76, or any a subsequent form replacing it, provided by the federal government:
(1) members of the Armed Forces of the United States;
(2) members of the Merchant Marine of the United States;
(3) a person persons serving with the American Red Cross or the United Service Organizations (USO) attached to and serving with the Armed Forces of the United States outside of the county of his a person's residence in South Carolina;
(4) members or employees of any department of the United States Government serving overseas;
(5) a citizen citizens of the United States residing outside the United States:
(a) if he a citizen or his parent last resided in South Carolina immediately before his or his parent's departure from the United States;
(b) if he a citizen could have met all qualifications to vote in federal elections in South Carolina even though while residing outside the United States he does not have a place of abode or other address in South Carolina; even if his intent to return to South Carolina may be uncertain, as long as he has complied with all applicable South Carolina qualifications and requirements which that are consistent with the Uniformed And Overseas Absentee Voting Act (Public Law 99-410)."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 19, 2011 at 2:42 PM