South Carolina General Assembly
119th Session, 2011-2012

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Bill 4945

Indicates Matter Stricken
Indicates New Matter


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

AMENDED

March 29, 2012

H. 4945

Introduced by Reps. Funderburk, Harrison, Brantley, McLeod, Butler Garrick, Munnerlyn, Taylor, J.H. Neal, Dillard, Bannister, G.R. Smith, Bowers, Cobb-Hunter, Delleney, Hixon, Long, Pope and Young

S. Printed 4/19/12--H.

Read the first time March 1, 2012.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-185 SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE ELECTRONICALLY ON THE INTERNET WEBSITE OF THE STATE ELECTION COMMISSION, TO PROVIDE A PROCEDURE FOR THIS TYPE OF REGISTRATION AND AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS ACT.

Amend Title To Conform

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

SECTION    1.    Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-185.(A)        A person who is qualified to register to vote and who has a valid South Carolina driver's license or state identification card issued by the Department of Motor Vehicles may submit an application for voter registration electronically on the Internet website of the State Election Commission.

(B)(1)    An application submitted pursuant to this section is effective upon receipt of the application by the State Election Commission if the application is received thirty days before an election to be held in the precinct of the person submitting the application.

(2)    The applicant shall attest to the truth of the information provided in the application.

(3)    For voter registration purposes, the applicant shall assent to the use of his signature from his driver's license or state identification card issued by the Department of Motor Vehicles.

(4)    For each electronic application, the State Election Commission shall obtain an electronic copy of the applicant's signature from his driver's license or state identification card issued by the Department of Motor Vehicles directly from the Department of Motor Vehicles with no fee.

(5)    The State Election Commission requires a person who submits an application pursuant to this section to include:

(a)    the number of the applicant's South Carolina driver's license or state identification card issued by the Department of Motor Vehicles;

(b)    applicant's date of birth;

(c)    the last four digits of the applicant's social security number;

(d)    the applicant's name and address of residency and

(e)    other information the State Election Commission considers necessary to establish the identity of the applicant.

(C)    Upon submission of an application pursuant to this section, the electronic voter registration system shall provide immediate verification that the:

(1)    applicant has a South Carolina driver's license or state identification card issued by the Department of Motor Vehicles and that the number for that driver's license or identification card provided by the applicant matched the number for that person's driver's license or state identification card that is on file with the Department of Motor Vehicles;

(2)    date of birth provided by the applicant matches the date of birth for that person which is on file with the Department of Motor Vehicles;

(3)    name provided by the applicant matches the name for the person which is on file with the Department of Motor Vehicles; and

(4)    State Election Commission employs security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this section.

(D)    Should there be a failure to match any of the information required in this section with the Department of Motor Vehicles the State Election Commission shall immediately notify the applicant of the failure to match information and inform them that their application for registration was not accepted.

(E)    The State Election Commission may promulgate regulations necessary to effectuate the provisions of this section."

SECTION 2.    Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-186.(A)(1)        The State Election Commission shall establish and maintain a statewide voter registration database that shall be administered by the office of the by the commission and made continuously available to each board of elections and to other agencies as authorized by law.

(2)(a)    State agencies, including, but not limited to, the department of health and environmental control office of vital statistics, bureau of motor vehicles, department of employment and workforce, and the department of corrections, shall provide any information and data to the State Election Commission that the commission considers necessary in order to maintain the statewide voter registration database established pursuant to this section, except where prohibited by federal law or regulation. The State Election Commission shall ensure that any information or data provided to the State Election Commission is confidential in the possession of the entity providing the data remains confidential while in the possession of the State Election Commission.

(b)    Information provided under this division for maintenance of the statewide voter registration database shall not be used to update the name or address of a registered elector. The name or address of a registered elector shall only be updated as a result of the elector's actions in filing a notice of change of name, change of address, or both.

(c)    A county board of registration shall contact a registered elector by mail at the address on file with the board to verify the accuracy of the information in the statewide voter registration database regarding that elector if information provided under division (A)(2)(a) of this section identifies a discrepancy between the information regarding that elector that is maintained in the statewide voter registration database and maintained by a state agency.

(3)    The State Election Commission may enter into agreements to share information or data with other states or groups of states, as the commission considers necessary, in order to maintain the statewide voter registration database established pursuant to this section. Except as otherwise provided in this division, the commission shall ensure that any information or data provided to the commission that is confidential in the possession of the state providing the data remains confidential while in the possession of the commission. The secretary of state may provide such otherwise confidential information or data to persons or organizations that are engaging in legitimate governmental purposes related to the maintenance of the statewide voter registration database."

SECTION    3.    Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-187.    Notwithstanding another provision of law, the State Election Commission or another entity charged by law with the registration of voters in South Carolina shall only request the last four digits of the social security number of any person seeking to register to vote."

SECTION    4.    This act takes effect upon approval by the Governor.

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