South Carolina General Assembly
121st Session, 2015-2016
H. 3084
STATUS INFORMATION
General Bill
Sponsors: Reps. Jefferson, Southard, McKnight, Weeks, Whipper, RobinsonSimpson, Mitchell and W.J.McLeod
Document Path: l:\council\bills\ggs\22688zw15.docx
Introduced in the House on January 13, 2015
Introduced in the Senate on April 28, 2016
Last Amended on April 27, 2016
Currently residing in the Senate Committee on Judiciary
Summary: Oath of the absentee ballot applicant
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/11/2014HousePrefiled
12/11/2014HouseReferred to Committee on Judiciary
1/13/2015HouseIntroduced and read first time (House Journalpage89)
1/13/2015HouseReferred to Committee on Judiciary(House Journalpage89)
1/16/2015Scrivener's error corrected
4/22/2015HouseMember(s) request name added as sponsor: Weeks, Whipper
4/22/2015HouseCommittee report: Favorable with amendment Judiciary (House Journalpage5)
4/23/2015HouseMember(s) request name added as sponsor: RobinsonSimpson, Mitchell
4/28/2015HouseRecommitted to Committee on Judiciary(House Journalpage24)
4/29/2015HouseRoll call Yeas66 Nays38 (House Journalpage24)
4/20/2016HouseCommittee report: Favorable with amendment Judiciary (House Journalpage358)
4/26/2016HouseMember(s) request name added as sponsor: W.J.McLeod
4/26/2016HouseDebate adjourned until Wed., 42716 (House Journalpage150)
4/27/2016HouseAmended (House Journalpage22)
4/27/2016HouseRead second time (House Journalpage22)
4/27/2016HouseRoll call Yeas80 Nays12 (House Journalpage26)
4/28/2016HouseRead third time and sent to Senate
4/28/2016SenateIntroduced and read first time (Senate Journalpage5)
4/28/2016SenateReferred to Committee on Judiciary(Senate Journalpage5)
4/28/2016Scrivener's error corrected
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/11/2014
1/16/2015
4/22/2015
4/20/2016
4/27/2016
4/28/2016
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 2016
H.3084
Introduced by Reps. Jefferson, Southard, McKnight, Weeks, Whipper, RobinsonSimpson, Mitchell and W.J.McLeod
S. Printed 4/27/16--H.[SEC 4/28/16 3:37 PM]
Read the first time January 13, 2015.
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ABILL
TO AMEND SECTION 715380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF THE ABSENTEE BALLOT APPLICANT, SO AS TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT’S OATH BE WITNESSED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Section 71335 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
“Section 7-13-35.The authority charged by law with conducting an election must publish two notices of general, municipal, special, and primary elections held in the county in a newspaper of general circulation in the county or municipality, as appropriate. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, the location of the polling places in each of the precincts, and notification that the process of examining the returnaddressed envelopes containing absentee ballots may begin at 2:00 p.m. on9:00 a.m. on the dayimmediately prior to election day at a place designated in the notice by the authority charged with conducting the election. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice.”
SECTION2.Section 715420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:
“Section 715420.The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. on election daythe calendar day immediately preceding election day, the managers appointed pursuant to Section 7510, and in the presence of any watchers who have been appointed pursuant to Section 713860, may begin the process of examining the returnaddressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the address of the witness. All returnaddressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. Before the counting of absentee ballots may begin, the county board of voter registrations and elections shall disclose the number of absentee ballots to be counted. The number of absentee ballots to be counted may increase only if additional absentee ballots are received due to emergency hospital admission pursuant to the provisions of Section 715330, and a new total must be disclosed. A ballot may not be counted unless the oath is properly signed and witnessed nor may anya ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 715370(2), to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed returnaddressed envelope must be opened by the managers, and the enclosed envelope marked ‘Ballot Herein’ removed and placed in a locked box or boxes. After all returnaddressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked ‘Ballot Herein’, placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election daythe calendar day immediately preceding election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If anya ballot is challenged, the returnaddressed envelope must not be opened, but must be put aside and the procedure set forth in Section 713830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed.”
SECTION3.This act takes effect upon approval by the Governor.
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