2015-2016 Bill 3087 Text of Previous Version (Dec. 11, 2014) - South Carolina Legislature Online

1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 75110, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE REQUIREMENT OF 13 REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE 14 THAT A PERSON IS NOT ALLOWED TO VOTE IN A 15 PARTISAN PRIMARY ELECTION OR PARTISAN 16 ADVISORY REFERENDUM UNLESS THE PERSON HAS 17 REGISTERED AS BEING A MEMBER OF THAT PARTY; TO 18 AMEND SECTION 75170, AS AMENDED, RELATING TO 19 THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS 20 TO PROVIDE THE REQUIREMENT OF STATING 21 POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM 22 AND INCLUDING IT IN THE OATH, AND REQUIRE THE 23 STATE ELECTION COMMISSION TO ASSIST IN 24 CAPTURING THIS DATA; AND TO AMEND SECTION 7920, 25 AS AMENDED, RELATING TO THE QUALIFICATIONS FOR 26 VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS 27 A REQUIREMENT, REGISTERING AS A MEMBER OF THE 28 PARTY AND TO PROVIDE A PROCEDURE FOR CHANGING 29 POLITICAL PARTY AFFILIATION OR NONAFFILIATION 30 AFTER A SELECTION HAS BEEN MADE. 31 32 Be it enacted by the General Assembly of the State of South 33 Carolina: 34 35 SECTION 1. Section 75110 of the 1976 Code is amended to read: 36 37 “Section 75110. (A) No A person shall be allowed to may not 38 vote at anyan election unless he shall be is registered as herein 39 required by the provisions of this chapter. 40 (B) A person may not vote in a partisan primary election or 41 partisan advisory referendum unless he has registered as being a 42 member of that party.

[3087] 1 1 (C) The provisions of this section do not apply to a partisan 2 presidential preference primary. 3 (D) The State Election Commission shall assist the county 4 entities charged by law with registering electors with capturing the 5 data and maintaining a list of all electors registered by party 6 affiliation. To expedite the registration of electors, the county 7 entities shall allow electors to register by party, if they wish, at all 8 partisan primary elections conducted before June 2016. 9 (E) After the first primary is conducted under the provisions of 10 this section, the entity charged by law with registering qualified 11 electors shall contact the qualified electors of that county, by 12 whatever method it determines to be appropriate, informing them 13 of partisan primary voting procedures as provided in this section. 14 (F) The State Election Commission shall provide a format for 15 absentee voting registration to comply with the provisions of this 16 section.” 17 18 SECTION 2. Section 75170 of the 1976 Code, as last amended by 19 Act 265 of 2012, is further amended to read: 20 21 “Section 75170. (1) Written application required. A person 22 may not be registered to vote except upon written application or 23 electronic application pursuant to Section 75185., which shall 24 become That application becomes a part of the permanent records 25 of the board to which it is presented and which must be open to 26 public inspection. However, the social security number contained 27 in the application must not be open to public inspection. 28 (2) Form of application. The application must be on a form 29 prescribed and provided by the executive director and shall must 30 contain the following information: name, sex, race, social security 31 number, date of birth, residence address, mailing address, 32 telephone number of the applicant, political party affiliation, if 33 any, and location of prior voter registration. The applicant must 34 shall affirm that he is not under a court order declaring him 35 mentally incompetent, confined in anya public prison, has never 36 been convicted of a felony or offense against the election laws, or 37 if previously convicted, that he has served his entire sentence, 38 including probation and parole time, or has received a pardon for 39 the conviction. Additionally, the applicant must shall take the 40 following oath: ‘I, do solemnly swear (or affirm) that I am a 41 citizen of the United States and that on the date of the next ensuing 42 election, I will have attained the age of eighteen years and am a 43 resident of South Carolina, this county, and of my precinct. I

[3087] 2 1 further swear (or affirm) that I am a member of the …… political 2 party. I further swear (or affirm) that the present residence address 3 listed herein on my application is my sole legal place of residence 4 and that I claim no other place as my legal residence.’ AnyAn 5 applicant convicted of fraudulently applying for registration is 6 guilty of perjury and is subject to the penalty for that offense. 7 (3) Administration of oaths. Any A member of the registration 8 board, deputy registrar, or any a registration clerk must be 9 qualified to administer oaths in connection with the application. 10 (4) Decisions on applications. Any A member of the 11 registration board, deputy registrar, or registration clerk may pass 12 on the qualifications of the prospective voter. In case of a question 13 of an applicant being refused registration, at least one member of 14 the board shall pass on the qualifications of the voter. A concise 15 statement of the reasons for the refusal must be written on the 16 application.” 17 18 SECTION 3. Section 7920 of the 1976 Code, as last amended by 19 Act 245 of 2010, is further amended to read: 20 21 “Section 7920. (A) The qualifications for membership in a 22 certified party and for voting at a party primary election include 23 the following: 24 (1) the applicant for membership, or voter, must be at least 25 eighteen years of age or become so before the succeeding general 26 election, and; 27 (2) must be a registered elector, and a citizen of the United 28 States, and of this State.; and 29 (3) has registered as a member of the certified party. 30 (B) A person may not belong to a party club or vote in a 31 primary unless he is a registered elector and a member of that 32 party. The state convention of anya political party, organization, 33 or association in this State may add by party rules to the 34 qualifications for membership in the party, organization, or 35 association and for voting at the primary elections if the 36 qualifications do not conflict with the provisions of this section or 37 with the Constitution and laws of this State or of the United States. 38 (C) The entity charged by law with conducting a primary shall 39 allow an elector to change his political party affiliation by 40 executing an affidavit not later than thirty days before the primary. 41 During that time, an elector may execute an affidavit declaring that 42 he desires not to be affiliated with a political party. The affiliation

[3087] 3 1 with a political party or as a nonpartisan is valid until changed by 2 the qualified elector pursuant to the provisions of this section. 3 (D) When a qualified elector presents himself at a polling place 4 to vote in a primary election, the entity charged by law with 5 conducting the election, or its representative, shall require the 6 qualified elector to sign an affidavit affirming that he is a member 7 of the party conducting the primary. If the qualified elector does 8 not sign this affidavit, he is declared to be nonpartisan and he may 9 not vote in a partisan primary election.” 10 11 SECTION 4. Notwithstanding the provisions of this act, in all 12 primaries conducted before June 2016, an elector is permitted to 13 vote if he has not signed the affidavit required by this act. After 14 May 31, 2016, all political party primaries must be conducted 15 pursuant to the provisions of this act. 16 17 SECTION 5. This act takes effect upon approval by the 18 Governor. 19 XX 20

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