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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 9, 2014
H. 3198
Introduced by Reps. J.E. Smith, M.S. McLeod, Bernstein, Ballentine and Finlay
S. Printed 4/9/14--H.
Read the first time January 8, 2013.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-27-115 SO AS TO PLACE THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS UNDER THE GENERAL SUPERVISION OF THE STATE ELECTION COMMISSION, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH BY REGULATION THE MINIMUM QUALIFICATIONS FOR A PERSON TO SERVE AS THE DIRECTOR OF A COUNTY BOARD OF REGISTRATION AND ELECTIONS, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH MANDATORY TRAINING CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS, AND TO REQUIRE COUNTY BOARDS OF REGISTRATION AND ELECTIONS TO MEET AT LEAST FOUR TIMES EACH CALENDAR YEAR; TO AMEND SECTION 7-27-110, RELATING TO THE APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS, SO AS TO PROVIDE THAT ALL COUNTIES MUST HAVE A SINGLE BOARD OF REGISTRATION AND ELECTIONS; TO AMEND SECTION 7-27-260, RELATING TO THE CHEROKEE COUNTY ELECTION COMMISSION AND THE CHEROKEE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-290, RELATING TO THE DILLON COUNTY ELECTION COMMISSION AND THE DILLON COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-320, RELATING TO THE GREENVILLE COUNTY ELECTION COMMISSION AND THE GREENVILLE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-325, RELATING TO THE GREENWOOD COUNTY ELECTION COMMISSION AND THE GREENWOOD COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-335, RELATING TO THE HORRY COUNTY ELECTION COMMISSION AND THE HORRY COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-415, RELATING TO THE SPARTANBURG COUNTY ELECTION COMMISSION AND THE SPARTANBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; AND TO AMEND SECTION 7-27-430, RELATING TO THE WILLIAMSBURG COUNTY ELECTION COMMISSION AND THE WILLIAMSBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-11-30 of the 1976 Code is amended to read:
"Section 7-11-30. (A) A party may choose to change from nomination of candidates by primary to a method to nominate candidates by convention for all offices including, but not limited to, Governor, Lieutenant Governor, United States Senator, United States House of Representatives, Circuit Solicitor, State Senator, and members of the State House of Representatives if:
(1) there is a three-fourths vote of the total membership of the convention to use the convention nomination process; and
(2) a majority of voters in that party's next primary election approve the use of the convention nomination process.
(B) A party may not choose to nominate by party convention for an election cycle in which the filing period for candidates has begun.
(C) A political party nominating candidates by party convention shall nominate the party candidates and make the nominations public not later than the time for certifying candidates to the authority charged by law with preparing ballots for the general or special election."
SECTION 2. Section 7-3-20(C) of the 1976 Code, as last amended by Act 265 of 2012, is further amended to read:
"(C) The executive director shall:
(1) supervise the conduct of county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5, which administer elections and voter registration in the State and ensure those boards' compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process;
(2) conduct reviews, audits, or other postelection analysis of county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5, to ensure those boards' compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process;
(3) maintain a complete master file of all qualified electors by county and by precincts;
(2)(4) delete the name of any elector:
(a) who is deceased;
(b) who is no longer qualified to vote in the precinct where currently registered;
(c) who has been convicted of a disqualifying crime;
(d) who is otherwise no longer qualified to vote as may be provided by law; or
(e) who requests in writing that his name be removed;
(3)(5) enter names on the master file as they are reported by the county registration boards;
(4)(6) furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(5)(7) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(6)(8) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(7)(9) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(8)(10) obtain information from any other source which may assist him in carrying out the purposes of this section;
(9)(11) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(10)(12) furnish at reasonable price any precinct lists to a qualified elector requesting them;
(11)(13) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993;
(12)(14) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the U.S.C., Title 42, Section 1973ff, et seq; and
(13)(15) establish and maintain a statewide voter registration database that shall be administered by the commission and made continuously available to each board of elections and to other agencies as authorized by law."
SECTION 3. A. Section 7-5-10 of the 1976 Code, as last amended by Act 100 of 2007, is further amended to read:
"Section 7-5-10. (A)(1) A county government by ordinance may elect to combine its board of registration and election commission. those counties electing to so, between the first day of January and the fifteenth day of March in each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate upon the recommendation of a majority of the weighted vote of the Senate legislative delegation and a majority of the weighted vote of the House of Representatives legislative delegation of the counties, not less than three five nor more than five nine competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Voter Registration and Elections of ____________ County'. At least one appointee on the board must be a member of the majority political party represented in the General Assembly and at least one appointee must be a member of the largest minority political party represented in the General Assembly.
(2) After their appointment, the board members shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26, Article III of the Constitution of this State: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.'
(3) The oath must be filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the Office of the Secretary of State.
(4) The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
(B)(1) The Governor shall appoint the initial appointees within six months of the effective date of this section. Four of the initial appointees shall serve two-year terms, and the remaining initial appointees shall serve four-year terms. Upon expiration of the terms of those members initially appointed, the term of office for the members of the board is four years, and until their successors are appointed and qualify. Members may succeed themselves.
(2) A member must be present at a meeting in order to vote.
(3) If a member misses three consecutive meetings of the board, the chairman or his designee immediately shall notify the Governor who shall then remove the member from office.
(4) In case of a vacancy on the board, the vacancy must be filled in the same manner as an original appointment, as provided in this section, for the unexpired term.
(5) The board shall elect from among its members a chairman and such other officers as it may consider desirable. The board shall then notify the State Election Commission in writing of the name of the persons elected as chairman and officers of the board. Each officer shall be elected for a term of two years.
(6) The board may hire a director. The director is responsible for hiring and managing the staff. Staff positions are subject to the personnel system policies and procedures by which all county employees are regulated, except that the director serves at the pleasure of the board.
(7) Members of the board and its staff shall receive compensation as may be appropriated by the governing body of the county.
(C) The previous offices of county election commissions and voter registration boards, or combined boards are abolished. The powers and duties of the county commissions and boards of election and voter registration are devolved upon the board of voter registration and elections for each county created in subsection (A). Those members currently serving on the county boards of election, voter registration commissions, or combined boards shall continue to serve in a combined governing capacity until the successor board members established pursuant to this section are appointed and qualify.
(B)(D)(1) Each member, and each staff person designated by the board, must complete, within eighteen months after a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must shall issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3)(2) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must shall remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4)(3) Following completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."
B. Section 7-5-20 of the 1976 Code is amended to read:
"Section 7-5-20. The board of voter registration and elections of each county may appoint deputy members of the board, in numbers as may be necessary, whose terms shall be for a period of time as determined by the boards. The deputy members shall have the same powers and duties as regular members of the board. The clerk to each board may be made a deputy member of the board for the purpose of taking applications."
C. Section 7-5-30 of the 1976 Code is amended to read:
"Section 7-5-30. Such boards shall register and conduct the registration of the electors who shall apply for registration in their respective counties as herein required. Their office shall be at the county seat, and they shall keep a record of all their official acts and proceedings. Provided, that nothing herein shall be construed as prohibiting the boards of registration from taking their registration books across adjoining county lines to register qualified electors of their respective county whose regular place of employment is in an adjoining county or who are otherwise unable to get to the county seat during office hours to register. One member of the board shall constitute a quorum for the purpose of registering or refusing to register applications for registration. Their term of office shall be for two years from the date of their appointment, and they shall continue in office until their successors shall have been appointed and shall qualify. In case of a vacancy from any cause in any board of registration the Governor shall fill such vacancy in the same manner as provided in Section 7-5-10."
SECTION 4. Chapter 3, Title 7 of the 1976 Code is amended by adding:
"Section 7-3-25. The administrative functions of any county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5 may be devolved upon the State Election Commission for such time as necessary to remedy any noncompliance with applicable state or federal law or Election Commission policy with regard to the conduct of elections or the voter registration process if:
(1) the results of a postelection analysis conducted pursuant to Section 7-3-20(C)(2) demonstrates that a county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5, has failed to comply with applicable state or federal law or Election Commission policy with regard to the conduct of elections or the voter registration process; or
(2) if a county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5 does not or cannot determine and certify the results of an election or referendum of which it is responsible for determining and certifying the results within forty-eight hours after the polls in that election or referendum have closed.
(3) Following the completion of no less than one statewide general election and subsequent audit by the State Election Commission, county board of elections and voter registration of whatever name or denomination, as established pursuant to Article 1, Chapter 5 may petition the State Election Commission to return administrative function that were devolved to the State Election Commission pursuant to this section. The State Election Commission must return those functions to the county board unless good cause is shown that the county board has failed to remedy the violation or omission that caused the administrative powers to be devolved to the State Election Commission. Any decision of the State Election Commission pursuant to this section may be appealed directly to the State Supreme Court."
SECTION 5. Section 7-5-35, Section 7-13-70, and Chapter 27, Title 7 of the 1976 Code are repealed.
SECTION 6. The code commissioner is directed to change all references in Title 7 to county election commissions or commissioners or county boards of voter registration to the "Board of Voter Registration and Elections of County" and board members as appropriate.
SECTION 7. This act takes effect upon signature of the Governor.
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