Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 406

Introduced by Senators Campsen, Kimbrell and Senn

S. Printed 02/22/23--S.

Read the first time January 18, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S. 406) to amend the South Carolina Code of Laws by amending Section 7-15-420(d) and (e), relating to the tabulation of absentee ballots, so as to provide that ballots cast, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, by striking SECTION 1 and inserting:

SECTION X.   Section 7-15-420(D) and (E) of the S.C. Code are amended to read:

   (D) Beginning no earlier than 7:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed and the tabulated data collected from those ballots and from the ballots cast during the early voting period may be loaded into the election management system. If any absentee ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot.

   (E) Results of the early voting period and absentee ballot tabulation must not be publicly reported until after the polls are closed. An election official, election worker, candidate, or watcher who intentionally violates the prohibition contained in this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years.

SECTION X.   Section 7-13-1160 of the S.C. Code is amended to read:

   Section 7-13-1160.   Within twenty-four hours of the completion of the canvassing and counting of ballots, the persons in charge of each such election in each county shall notify the State Election Commission of the unofficial results of such election in each such county; provided, however, that failure to comply with the provisions of this section shall not invalidate the votes cast therein The unofficial election results returned by the managers to the county boards of voter registration and elections must be reported continuously and without undue delay in the manner prescribed by the State Election Commission.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies that ballots cast during the early voting period may begin to be tabulated at the same time as absentee ballots. Additionally, the bill specifies that any election official, election worker, candidate, or watcher who intentionally publicly reports the results of the early voting period before the polls are closed is guilty of a felony and will be subject to a fine up to $1,000 or imprisonment for up to five years.

State Election Commission. This bill will have no expenditure impact for the State Election Commission as it requires the agency to perform activities within the normal course of business.

Judicial. This bill creates a felony for an election official, election worker, candidate, or watcher who intentionally publicly reports the results of an early voting period prior to the close of polls. This provision may result in an increase in the caseload in General Sessions court. While the potential increase in the caseload is unknown, Judicial anticipates the impact will be minimal and can be managed within existing appropriations, as there were no cases filed in 2022 for an existing similar offense contained within Section 7-15-420(E). Therefore, this bill will have no expenditure impact for Judicial.

Department of Corrections. This bill creates a felony for an election official, election worker, candidate, or watcher who intentionally publicly reports the results of an early voting period prior to the close of polls. Upon conviction, the person will be fined no more than $1,000 or imprisoned for no more than five years. The total cost to house an inmate in FY 2021-22 was $32,247, of which $30,044 is state funded, and the marginal cost per inmate was $4,836, $4,830 of which was state funded. Therefore, this bill will result in an undetermined increase in expenses for Corrections beginning in FY 2023-24, as the impact is dependent upon the number of convictions under this new felony and the duration of any imprisonment.

Commission on Indigent Defense. This bill creates a felony for an election official, election worker, candidate, or watcher who intentionally publicly reports the results of an early voting period prior to the close of polls. The Commission on Indigent Defense indicates that this bill will have a minimal expenditure impact on the agency and can be managed within existing appropriations.

State Revenue

This bill creates a new felony with a potential fine of up to $1,000. This may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an undetermined impact to General Fund revenue and Other Funds revenue due to the modifications in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-15-420(D) and (e), RELATING TO THE TABULATION OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD MAY BEGIN TO BE TABULATED AT THE SAME TIME AS ABSENTEE BALLOTS.

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

SECTION 1.   Section 7-15-420 (D) and (E) of the S.C. Code are amended to read:

   (D) Beginning no earlier than 7:00 a.m. on election day, the ballots cast during the early voting period and the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any absentee ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot.

   (E) Results of the early voting period and absentee ballot tabulation must not be publicly reported until after the polls are closed. An election official, election worker, candidate, or watcher who intentionally violates the prohibition contained in this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years.

SECTION 2.   This act takes effect upon approval by the Governor.

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