2013-2014 Bill 3176: Voting - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3176 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Clemmons and G.R. Smith 10 Document Path: l:\council\bills\ggs\22459zw13.docx 11 12 Introduced in the House on January 8, 2013 13 Introduced in the Senate on May 2, 2013 14 Last Amended on April 25, 2013 15 Currently residing in the Senate Committee on Judiciary 16 17 Summary: Voting 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 12/18/2012 House Prefiled 24 12/18/2012 House Referred to Committee on Judiciary 25 1/8/2013 House Introduced and read first time ( House Journalpage 115) 26 1/8/2013 House Referred to Committee on Judiciary ( House Journalpage 115) 27 3/7/2013 House Committee report: Favorable with amendment Judiciary (House 28 Journalpage 1) 29 3/8/2013 Scrivener's error corrected 30 3/20/2013 House Requests for debateRep(s). Clemmons, Barfield, Atwater, JR Smith, Hixon, 31 RobinsonSimpson, H Crawford, Goldfinch, Nanney, Mack, Owens, Hosey, 32 Clyburn, Anderson, Whipper, RL Brown, Cole, Gilliard, GA Brown, 33 Weeks, Howard, Neal, Williams, Jefferson, Ott, CobbHunter, King, 34 McEachern, Sabb, Sandifer, Bowen, Felder, Southard, Gagnon, Stringer, 35 Dillard, Pope, Bedingfield, GR Smith, Loftis, Taylor, Hardee (House 36 Journalpage 85) 37 4/17/2013 House Debate adjourned until Thur., 41813 ( House Journalpage 93) 38 4/25/2013 House Amended ( House Journalpage 59) 39 4/25/2013 House Read second time ( House Journalpage 59) 40 4/25/2013 House Roll call Yeas66 Nays37 ( House Journalpage 96) 41 5/1/2013 House Read third time and sent to Senate ( House Journalpage 145) 42 5/1/2013 House Roll call Yeas72 Nays42 ( House Journalpage 146) 43 5/2/2013 Senate Introduced and read first time ( Senate Journalpage 15) 44 5/2/2013 Senate Referred to Committee on Judiciary ( Senate Journalpage 15) 45 46 47 VERSIONS OF THIS BILL 48 49 12/18/2012 1 3/7/2013 2 3/8/2013 3 4/25/2013 4 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AMENDED 5 April 25, 2013 6 7 H. 3176 8 9 Introduced by Reps. Clemmons and G.R. Smith 10 11 S. Printed 4/25/13--H. 12 Read the first time January 8, 2013. 13 14 15 STATEMENT OF ESTIMATED FISCAL IMPACT 16 ESTIMATED FISCAL IMPACT ON GENERAL FUND 17 EXPENDITURES: 18 A Cost to the General Fund (See Below) 19 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 20 FUND EXPENDITURES: $0 (No additional expenditures or savings are expected) 21 EXPLANATION OF IMPACT: 22 State Election Commission 23 The State Election Commission estimates a total fiscal 24 impact of $807,020 to the state general fund with the 25 adoption of this bill. The commission estimates a recurring 26 cost of $307,020 for reimbursement to the counties for poll 27 workers used in the early voting process for statewide 28 elections. In addition, the commission estimates $500,000 in 29 non-recurring costs for voter education and training for 30 county election officials and workers. 31 Other Agencies 32 The Judicial Department and the Department of 33 Corrections indicate that this bill will have no fiscal impact 34 on the General Fund of the State, nor on federal and/or other 35 funds. 36 LOCAL GOVERNMENT IMPACT: 37 The amount provided in this impact does not include items that 38 will be paid for by the counties. Counties have indicated to the [3176-3] 1 State Election Commission that they will need $366,000 for 2 additional machines used for voters with disabilities required by 3 the Help America Vote Act. Counties also indicated they will 4 need additional laptops, Ivotronic machines, printers, telephones, 5 scanners, air cards and other miscellaneous items. However, the 6 amounts for these items are not determinable at this time. 7 8 Approved By: 9 Brenda Hart 10 Office of State Budget 11 12

[3176-4] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, BY ADDING SECTION 71325 SO AS 13 TO ESTABLISH EARLY VOTING PROCEDURES; BY 14 ADDING SECTION 713200 SO AS TO PROVIDE 15 UNIFORM DATES FOR ELECTION EVENTS; BY 16 ADDING SECTION 7131115 SO AS TO REQUIRE A 17 BALLOT TO INDICATE A VOTE CAST FOR A SINGLE 18 CANDIDATE IN ORDER TO BE CERTIFIED AS PART 19 OF THE TOTAL NUMBER OF VOTES CAST; TO 20 AMEND SECTION 7320, AS AMENDED, RELATING TO 21 DUTIES OF THE EXECUTIVE DIRECTOR OF THE 22 STATE ELECTION COMMISSION, SO AS TO FURTHER 23 DEFINE HIS DUTIES; TO AMEND SECTION 71110, AS 24 AMENDED, RELATING TO METHODS OF 25 NOMINATING CANDIDATES, SO AS TO PROHIBIT A 26 CANDIDATE FROM FILING MORE THAN ONE 27 STATEMENT OF INTENTION OF CANDIDACY FOR A 28 SINGLE ELECTION, AND TO PROHIBIT A 29 CANDIDATE FROM BEING NOMINATED BY MORE 30 THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE 31 IN AN ELECTION; TO AMEND SECTION 713320, AS 32 AMENDED, RELATING TO BALLOTS AND 33 SPECIFICATIONS, SO AS TO PROHIBIT A 34 CANDIDATE’S NAME FROM APPEARING ON THE 35 BALLOT MORE THAN ONCE; TO AMEND SECTION 36 713330, AS AMENDED, RELATING TO THE BALLOT 37 FORM AND INSTRUCTIONS, SO AS TO DELETE THE 38 PROVISION THAT PROVIDES FOR 39 STRAIGHTPARTYTICKET VOTING ON GENERAL

[3176] 5 1 ELECTION BALLOTS; TO AMEND SECTION 7131340, 2 AS AMENDED, RELATING TO REQUIREMENTS FOR 3 VOTE RECORDERS, SO AS TO DELETE THE 4 PROVISION THAT PROVIDES FOR 5 STRAIGHTPARTYTICKET VOTING; TO AMEND 6 SECTION 715320, AS AMENDED, RELATING TO 7 PERSONS QUALIFIED TO VOTE BY ABSENTEE 8 BALLOT, SO AS TO INCLUDE VOTING DURING THE 9 EARLY VOTING PERIOD; TO AMEND SECTION 10 715360, AS AMENDED, RELATING TO THE 11 FURNISHING OF BALLOTS AND ENVELOPES, SO AS 12 TO DELETE THE PROVISION THAT PROVIDES FOR 13 STRAIGHTPARTYTICKET VOTING; TO AMEND 14 SECTION 715365, AS AMENDED, RELATING TO 15 BALLOTS AND INSTRUCTIONS FURNISHED BY 16 COUNTY BOARDS OF REGISTRATION, SO AS TO 17 DELETE THE PROVISION THAT PROVIDES FOR 18 STRAIGHTPARTYTICKET VOTING; TO AMEND 19 SECTION 715370, AS AMENDED, RELATING TO THE 20 FURNISHING OF BALLOTS AND ENVELOPES AND 21 THE DUTIES OF THE COUNTY REGISTRATION 22 BOARD, SO AS TO DELETE THE PROVISION THAT 23 PROVIDES FOR STRAIGHTPARTYTICKET VOTING; 24 AND TO REPEAL SECTION 715470 RELATING TO 25 ABSENTEE BALLOTS OTHER THAN PAPER 26 BALLOTS. 27 Amend Title To Conform 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code 33 is amended by adding: 34 35 “Section 71325. (A) Notwithstanding the provisions of 36 this chapter or Chapter 5 of this title, the authority charged by 37 law with conducting an election shall establish a procedure 38 by which a qualified elector may cast his ballot, without 39 excuse, during an early voting period for all elections. The

[3176] 6 1 qualified elector may cast a ballot during an early voting 2 period pursuant to this section. 3 (B) An early voting center must be established and 4 maintained to ensure that voters may cast only one ballot. 5 (C) A qualified elector may cast his ballot at an early 6 voting center in the county in which he resides. 7 (D) Each county board of registration and elections must 8 establish one early voting center. The county board of 9 registration and elections will determine the location of the 10 early voting center that must be located in a public building 11 within the county seat or another location that is as centrally 12 located for the entire county as possible. Each early voting 13 center must be supervised by election commission 14 employees. 15 (E) The early voting period begins nine days before an 16 election and ends the day prior to the election, exclusive of 17 Sundays. 18 (F) The county board of registration and elections shall 19 determine the hours of operation for the early voting center; 20 however, the early voting center must be open for two 21 Saturdays within the early voting period for statewide 22 primaries and general elections, and the center must be open 23 a minimum of five hours between the hours of 9:00 a.m. and 24 5:00 p.m. each day it is open for voting. The early voting 25 center must close at 5:00 p.m. on the final day of early 26 voting, the Monday immediately preceding election day. 27 (G) A sign must be posted prominently in the early voting 28 center and shall have printed on it: 29 ‘VOTING MORE THAN ONCE IS A MISDEMEANOR AND, 30 UPON CONVICTION, A PERSON MUST BE FINED IN THE 31 DISCRETION OF THE COURT OR IMPRISONED NOT MORE 32 THAN THREE YEARS’.” 33 34 SECTION 2. Article 1, Chapter 13, Title 7 of the 1976 Code 35 is amended by adding: 36 37 “Section 713200. (A) An entity authorized by law to 38 conduct an election shall conduct this event, at which 39 qualified electors are allowed to cast a ballot, on one of four 40 dates as provided in subsection (B). [3176] 7 1 (B) The dates on which an election event may be held are: 2 (1) the second Tuesday in March; 3 (2) the second Tuesday in June; 4 (3) the second Tuesday in September; or 5 (4) the Tuesday after the first Monday in November. 6 (C) Notwithstanding another provision of law, if an entity 7 is required to conduct an election event, it must be conducted 8 on one of the four dates established in subsection (B) after 9 and nearest to the date established by another provision of 10 law. 11 (D) A person having been elected and currently serving a 12 term in office that has an election date other than one of those 13 dates listed in subsection (B) must have his term of office 14 extended to allow for an election to occur nearest the date 15 provided by subsection (B). 16 (E) The provisions of this section do not apply to 17 amendments proposed to the Constitution of this State or the 18 United States Constitution.” 19 20 SECTION 3. Section 7320(C) of the 1976 Code, as last 21 amended by Act 265 of 2012, is further amended by adding: 22 23 “(14) enter into the master file a separate designation each 24 for voters casting absentee ballots and early ballots in a 25 general election.” 26 27 SECTION 4. Section 71110 of the 1976 Code is amended to 28 read: 29 30 “Section 71110. (A) Nominations for candidates for the 31 offices to be voted on in a general or special election may be 32 by political party primary, by political party convention, or 33 by petition;. provided, no A person who was defeated as a 34 candidate for nomination to an office in a party primary or 35 party convention shall may not have his name placed on the 36 ballot for the ensuing general or special election, except that 37 this proviso shall does not prevent a defeated candidate from 38 later becoming his party’s nominee for that office in that 39 election if the candidate first selected as the party’s nominee

[3176] 8 1 dies, resigns, is disqualified, or otherwise ceases to become 2 the party’s nominee for such the office before the election is 3 held. 4 (B) A candidate may not file more than one statement of 5 intention of candidacy for a single election. Nothing in this 6 subsection prohibits a person from being nominated to the 7 same office by more than one party and being reflected as the 8 nominee of more than one party on the ballot.” 9 10 SECTION 5. Section 713320(D) of the 1976 Code is 11 amended to read: 12 13 “(D) The names of candidates offering for any other 14 another office shall must be placed in the proper place on the 15 appropriate ballot, stating whether it is a state, congressional, 16 legislative, county, or other office. A candidate’s name may 17 not appear on the ballot more than once for any single office 18 for the same election.” 19 20 SECTION 6. Section 713330 of the 1976 Code, as last 21 amended by Act 236 of 2000, is further amended to read: 22 23 “Section 713330. (A) The State Election Committee shall 24 determine the arrangement of general election ballots 25 containing the names of candidates for office. The ballot 26 must conform as nearly as possible to include the following 27 plan, with a column or columns added in case of nomination 28 by petition and a blank column added for writein votes, and 29 must contain the specified instructions there that are set forth 30 there and no other: 31 GENERAL ELECTION OFFICIAL BALLOT 32 No. ______COUNTY, SOUTH CAROLINA 33 November ___, _____ 34 ______35 Initials of Issuing Officer 36 OFFICIAL BALLOT 37 GENERAL ELECTION 38 ______County, South Carolina 39 November ___, _____

[3176] 9 1 Precinct ______2 INSTRUCTIONSTo vote a straight party ticket, make a 3 cross (X) in the circle (O) under the name of your party. 4 Nothing further need or should be done. To vote a mixed 5 ticket, or in other words for candidates of different parties or 6 petition candidates, omit making a cross (X) mark in the 7 party circle at the top and make a cross (X) in the voting 8 square [ ] opposite the name of each candidate on the ballot 9 for whom you wish to vote. If you wish to vote for a 10 candidate not on anya ticket, write or place the name of 11 suchthat candidate on your ticket opposite the name of the 12 office. Before leaving the booth, fold the ballot so that the 13 initials of the manager may be seen on the outside of the 14 ballot. 15 (B) The ballot must include: 16 (1) the name of each candidate, listed only once; 17 (2) the office for which the candidate is nominated; and 18 (3) a listing of the party or parties which have 19 nominated the candidate. 20 (C) Each ballot must offer a voter the opportunity to select 21 individual candidates for whom to cast their vote or the 22 opportunity to select a political party thereby casting a vote 23 for each candidate nominated by the political party. 24 25 Nomination by 26 Name of Party Name of Party Petition 27 Names of Office 0 0 28 29 STATE Governor Governor Governor 30 Governor [ ] Name of [ ] Name of [ ] 31 Name of 32 Candidate Candidate Candidate 33 34 Lieutenant Lieut. Governor Lieut. Governor Lieut. 35 Governor 36 Governor [ ] Name of [ ] Name of [ ] 37 Name of 38 Candidate Candidate Candidate 39

[3176] 10 1 Secretary of Sec. of State Sec. of State Sec. of 2 State 3 State [ ] Name of [ ] Name of [ ] Name 4 of 5 Candidate Candidate Candidate 6 7 CONGRES U.S. Senator U.S. Senator U.S. Senator 8 SIONAL [ ] Name of [ ] Name of [ ] 9 Name of 10 Senator Candidate Candidate Candidate 11 12 RepresentativeU.S. Repre U.S. Repre U.S. 13 Repre 14 in Congress sentative sentative sentative 15 [ ] Name of [ ] Name of [ ] Name of 16 District Candidate Candidate Candidate” 17 18 SECTION 7. Section 715320 of the 1976 Code, as last 19 amended by Act 43 of 2011, is further amended to read: 20 21 “Section 715320. (A) A qualified elector in any of the 22 following categories must be permitted to vote by absentee 23 ballot in all elections when he is absent from his county of 24 residence on election day during the hours the polls are open, 25 to an extent that it prevents him from voting in person: 26 (1) students, their spouses, and dependents residing 27 with them; 28 (2) members of the Armed Forces and Merchant 29 Marines of the United States, their spouses, and dependents 30 residing with them; 31 (3) persons serving with the American Red Cross or 32 with the United Service Organizations (USO) who are 33 attached to and serving with the Armed Forces of the United 34 States, their spouses, and dependents residing with them; 35 (4) governmental employees, their spouses, and 36 dependents residing with them; 37 (5) persons on vacation (who by virtue of vacation 38 plans will be absent from their county of residence on 39 election day); or

[3176] 11 1 (6) overseas citizens. 2 (B) A qualified elector in any of the following categories 3 must be permitted to vote by absentee ballot in all elections, 4 whether or not he is absent from his county of residence on 5 election day: 6 (1) physically disabled persons; 7 (2) persons whose employment obligations require that 8 they be at their place of employment during the hours that the 9 polls are open and present written certification of that 10 obligation to the county registration board; 11 (3) certified poll watchers, poll managers, county voter 12 registration board members and staff, county and state 13 election commission members and staff working on election 14 day; 15 (4) persons attending sick or physically disabled 16 persons; 17 (5) persons admitted to hospitals as emergency patients 18 on the day of an election or within a fourday period before 19 the election; 20 (6) persons with a death or funeral in the family within 21 a threeday period before the election; 22 (7) persons who will be serving as jurors in a state or 23 federal court on election day; 24 (8) persons sixtyfive years of age or older; or 25 (9) persons confined to a jail or pretrial facility pending 26 disposition of arrest or trial. 27 (A) A qualified elector may vote during the early voting 28 period pursuant to Section 71325. 29 (B) A qualified elector in any of the following categories 30 must be permitted to vote by absentee ballot in all elections: 31 (1) students, their spouses, and dependents residing 32 with them; 33 (2) members of the Armed Forces and Merchant 34 Marines of the United States, their spouses, and dependents 35 residing with them; 36 (3) persons serving with the American Red Cross or 37 with the United Service Organization (USO) who are 38 attached to and serving with the Armed Forces of the United 39 States, their spouses, and dependents residing with them;

[3176] 12 1 (4) physically disabled persons who are, pursuant to 2 certification by a physician, unable to vote in person because 3 of their physical disability at either a polling place or early 4 voting center; 5 (5) overseas citizens; 6 (6) persons sixty-five years of age or older; 7 (7) persons confined to a jail or pretrial facility pending 8 disposition of arrest or trial; 9 (8) certified poll watchers, poll managers, county voter 10 registration board members and staff, county and state 11 election commission members and staff working on election 12 day; 13 (9) persons admitted to hospitals as emergency patients 14 on the day of an election or within a fourday period before 15 the election; 16 (10) persons who will be serving as jurors in a state or 17 federal court on election day; or 18 (11) persons on vacation (who by virtue of vacation 19 plans will be absent from their county of residence on 20 election day).” 21 22 SECTION 8. Sections 7-13-1620 and 715470 of the 1976 23 Code are repealed. 24 25 SECTION 9. This act takes effect upon approval by the 26 Governor, subject to obtaining preclearance from either the 27 United States Department of Justice or the United States 28 Court of Appeals of the District of Columbia, pursuant to the 29 Voting Rights Act of 1965. However, if any portion of the 30 act fails to gain preclearance, the other portions of the act 31 shall not take effect. 32 XX 33

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