A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-25-180, RELATING TO UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO DECLARE UNLAWFUL CERTAIN OTHER CONDUCT WITHIN THE PROXIMITY OF AN ENTRANCE TO A POLLING PLACE OR EARLY VOTING LOCATION.

 

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

 

SECTION 1.  Section 7-25-180 of the S.C. Code is amended to read:

 

    Section 7-25-180.  (A) It is unlawful for a person to distribute any type of campaign literature or place any political posters within five hundred feet of any entrance used by the voters to enter the polling place, during polling hours on an election day and during the early voting period.  The poll manager shall use every reasonable means to keep the area within five hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within five hundred feet of any such entrance distributed or displayed in violation of this section.

    (B) A candidate may wear within five hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking.  If the candidate enters the polling place, he may not display any of this identification including, but not limited to, campaign stickers or buttons.

    (C)(1) It is unlawful for a person to do any of the following within fifty feet of the entrance used by the voters to enter the polling place during the polling hours on election day and during the early voting period:

           (a) congregate or loiter;

           (b) hinder or obstruct the doors or entrance;

           (c) harass, intimidate, impede, or otherwise interrupt a voter approaching the polling place for the purpose of voting;

            (d) disseminate or communicate any visible or audible electioneering information; or

           (e) engage in any conduct which disrupts the administration of the polling place or the orderly conduct of the election.

       (2) As used in this subsection, "electioneering" means the display or audible dissemination of information that advocates for or against any candidate, political party, or question on the ballot.

       (3) Poll managers and clerks shall use every reasonable means to ensure the provisions of this subsection are enforced, including the reporting of any violation to the appropriate county or municipal law enforcement agency. Any peace officer summoned or called upon by the managers of election to assist shall promptly report to the polling place and may arrest any individual violating the provisions of this subsection.

       (4) Nothing in this subsection may be construed to prohibit:

           (a) managers and clerks of elections, or other election officials or employees, from carrying out their lawful duties;

           (b) candidates within five hundred feet of the polling place entrance pursuant to subsection (B);

           (c) persons providing assistance to a voter as provided by law;

           (d) poll watchers appointed pursuant to Section 7-13-860 from observing the election process as provided in that section; and

           (e) any voter from being accompanied to the polling place by a minor or other person in the care of the voter.

 

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

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