H. 3418 Amendment Bullet Summary

as Adopted 1/18/10 on Second Reading

VOTER ID – Effective as of January 2, 2012

• Requires a person to present a valid and current:
  • • SC driver’s license;
    • SC identification card issued by DMV;
    • Passport;
    • Military identification issued by the federal government (with photograph);
    • Employee identification card issued by the federal or state government or a SC political subdivision (with photograph);
    • SC voter registration card containing a photograph of the voter (when this process becomes available).

• One of the managers must compare the photograph on the id with the person wishing to vote to verify the photo is the person wishing to vote.

• If the elector cannot produce identification, he can cast a provisional ballot to be counted if identification is presented to the board of voter registration prior to certification. 

• An elector with either a:

(i) religious objection to being photographed or

(ii) reasonable impediment that prevents the elector from obtaining a photo id may cast a provisional ballot and complete an affidavit at the poling precinct.  The affidavit would be included with the provisional ballot.

• If the county board of registration and elections determines that a voter was challenged solely for the inability to produce required identification and an affidavit is submitted, the ballot will be valid unless the board has other grounds to believe the affidavit is false.

• DMV would issue free identification cards, upon request for individuals aged 17 years & older.  The $5 fee would still apply to persons between the ages of 5-16.  Note:  this provision will be effective on January 2, 2011.

• The State Elections Commission will implement a system to issue voter registration cards with the elector’s photograph.  Note:  Effective on July 1, 2011 and to be implemented as funding becomes available.

EARLY VOTING – Effective as of January 2, 2012

• Early voting period begins 15 days before an election & ends 3 days before.
• Elector can cast early ballot (without excuse) at an early voting center in his county of residence.
• Every county board of registration and elections must establish at least 1 early voting center.  The board will determine the hours of operation and location for the center, but the center must be open at least one Saturday during the early voting period for statewide primaries and general elections.
• Early voting centers must be maintained to ensure voters can only cast one ballot.

ABSENTEE BALLOT – Effective as of January 2, 2012

• A paper absentee ballot can be cast at anytime during the absentee ballot period.  Alternatively, a voter may cast an absentee ballot using a voting machine, 30-16 days before an election.
• A person who, within 4 days of the election, is:

• • Admitted to the hospital as an emergency patient;
  • discovered unanticipated employment obligations would require the person to be at his place of employment on election day;
  • has a death or funeral in the family;
  • confined in correctional facility pending arrest disposition

can request an application to vote absentee.  This request can be made by the elector, a  member of the elector’s immediate family or authorized representative on the day before  the election.  If a family member or representative receives the ballot, that person must  personally deliver the ballot and return the ballot to the board of registration by the time  the polls close on election day.

• Various technical changes to clarify existing law.

RESIDENCY REQUIREMENTS – Effective upon preclearance

• Place current factors to consider for residency if vote challenged under section where residency/domicile is defined.  Current factors include:

• • Income tax returns;
  • Real estate interest;
  • Mailing address;
  • Address on driver’s license;
  • Official documents requiring statement of residence address;
  • Auto registration;
  • Checking/savings accounts;
  • Past voting record;
  • Membership of clubs/organizations; and
  • Location of personal property.

• Added following factors:

• • Real estate interest, “with emphasis on the address used for the legal residence tax assessment ratio pursuant to § 12-43-220(C)”;
  • Other ID issued by DMV (currently lists on drivers license);
  • Spouse’s residence;
  • Parents’ residence;
  • Residency claimed for tuition for an educational institution.

• Delete “elector’s statements as to his intent”

PUBLIC EDUCATION PROCESS – Effective upon preclearance

The State Elections Commission must establish an aggressive voter education program concerning the provisions contained in this legislation.  The following lists education programs to be provided/coordinated by the State Elections Commission:

(1) Post information concerning changes contained in this legislation in a conspicuous location at each county board of registration and elections, each satellite office, the State Elections Commission office, and their respective websites.

(2) Train poll managers and poll workers at their mandatory training sessions to answer questions by electors concerning the changes in this legislation.

(3) Require documentation describing the changes in this legislation to be disseminated by poll managers and poll workers at every election held after September 30, 2010.

(4) Coordinate with each county board of registration and elections so that at least two seminars are conducted in each county prior to October 15, 2011.

(5) Coordinate with local and service organizations to provide for additional informational seminars at a local or statewide level.

(6) Place an advertisement describing the changes in this legislation in South Carolina newspapers of general circulation by no later than October 15, 2011.

(7) Coordinate with local media outlets to disseminate information concerning the changes in this legislation.

(8) Notify each registered elector who does not have a South Carolina issued driver’s license or identification card a notice of the provisions of this act by no later than October 15, 2011.  This notice must include the requirements to vote absentee, early or voting on election day and a description of voting by provisional ballot.  It must also state the availability of a free South Carolina identification card pursuant to Section 56-1-3350.

The State Elections Commission may also implement additional educational programs in its discretion.