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Indicates New Matter
H. 5037
STATUS INFORMATION
General Bill
Sponsors: Reps. Quinn, Jefferson, Brannon and Whipper
Document Path: l:\council\bills\ggs\22831zw16.docx
Introduced in the House on March 3, 2016
Last Amended on April 27, 2016
Continued by the House on April 27, 2016
Summary: Absentee ballot
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/3/2016 House Introduced and read first time (House Journal-page 9)
3/3/2016 House Referred to Committee on Judiciary (House Journal-page 9)
4/20/2016 House Committee report: Favorable with amendment Judiciary
(House Journal-page 358)
4/21/2016 Scrivener's error corrected
4/26/2016 House Member(s) request name added as sponsor: Whipper
4/26/2016 House Requests for debate-Rep(s). Clemmons, Goldfinch, Fry, HA
Crawford, Yow, Finlay, Daning, Crosby, Hiott, Loftis,
Taylor (House Journal-page 147)
4/27/2016 House Amended (House Journal-page 80)
4/27/2016 House Continued (House Journal-page 80)
View the latest legislative information at the website
VERSIONS OF THIS BILL
3/3/2016
4/20/2016
4/21/2016
4/27/2016
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (5037c001.ggs.zw16)
April 27, 2016
H. 5037
S. Printed 4/20/16--H.
Read the first time March 3, 2016.
TO AMEND SECTION 7-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO ELIMINATE THE AUTHORIZATION ALLOWING ANOTHER PERSON TO RETURN THE ABSENTEE BALLOT APPLICANT'S BALLOT FOR HIM, AND TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH ON THE RETURN ENVELOPE BE WITNESSED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:
"Section 7-15-385. Upon receipt of the ballot or ballots, the absentee ballot applicant must shall mark each ballot on which he wishes to vote and place each ballot in the single envelope marked 'Ballot Herein', which in turn must be placed in the return-addressed envelope. The applicant must shall then return the return-addressed envelope to the board of voter registration and elections by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in to the board of voter registration and elections at the time the envelope is returned. The voter must shall sign the form, or in the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of voter registration and elections must note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not permitted to serve as an authorized returnee for any a person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of voter registration and elections must shall record in the record book required by pursuant to Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must shall securely store the envelopes in a locked box within the office of the board of voter registration and elections."
SECTION 2. Section 7-15-220 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-220. (A) The oath, a copy of which is required by Section 7-15-200(2) to be sent each absentee ballot applicant and which is required by Section 7-15-230 to be returned with the absentee ballot applicant's ballot, shall must be signed by the absentee ballot applicant and witnessed. The oath shall must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________ 20 ___
____________________
Signature of Witness
____________________
Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 3. Section 7-15-380 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-380. (A) The oath, which that is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:
'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.'
____________________________________
Signature of Voter
Dated on this ______ day of ____________, 20 ___
____________________
Signature of Witness
____________________
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A)."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on May 3, 2016 at 11:14 AM