SOUTH CAROLINA Election Day is Tuesday, November 4, 2014 This guide is designed to help protect everyone’s right to vote. Share it, keep it handy, and take it to the polls on Election Day. The American Civil Liberties Union (ACLU) is a nationwide, nonprofit, nonpartisan organization with more than a million members, supporters and activists dedicated to defending the principles of liberty and equality embodied in the Constitution and our nation’s civil rights laws. The ACLU does not endorse or oppose any candidate or party, but we believe that no civil right is more important in our democracy than the right to vote. QUICK TIPS FOR VOTERS Check your voter registration status by calling the South Carolina State Election Commission at (803) 734-9060. You can also check online at https://info.scvotes.sc.gov/eng/voterinquiry/VoterInformationRequest. aspx?PageMode=VoterInfo. Locate your polling place and note the hours of operation by calling your county voter registration and elections office. You can find the contact information here: http://www.scvotes.org/how_to_register_absentee_voting. Vote early in the day to avoid the last-minute rush. Bring photo ID. To vote, you have to show one of the following photo IDs. Your ID cannot be expired.1 a South Carolina driver’s license or non-driver photo ID card issued by the DMV; a United States passport; 1 a U.S. Military ID with your photo; OR a South Carolina voter registration card with your photo. NOTE: if you cannot get one of these IDs in time for the election, you can still vote. (See details below.) If you qualify, consider voting by absentee ballot. If you return your absentee ballot by mail, you do NOT need to show photo ID.2 Check to see if your polling place is accessible (if you have a mobility disability and need the access). Read all instructions carefully, and ask for help if you need it. Take your time. You have up to five minutes in the voting booth to cast your ballot.3 2014 – IMPORTANT DATES AND DEADLINES Saturday, May 10 Deadline to register for the primary election4 Friday, June 6 Deadline to request an absentee ballot for the primary election (application must be RECEIVED by this date)5 Tuesday, June 10 Primary Election Saturday, Oct. 4 Deadline to register for the general election6 Friday, Oct. 31 Deadline to request an absentee ballot for the general election (application must be RECEIVED by this date)7 Tuesday, Nov. 4 General Election8 2 WHO CAN VOTE Can I vote in South Carolina? You can vote in the November 4 election if you’re registered to vote by October 4.9 You can register if you meet all of the following qualifications: you are a U. S. Citizen;10 you will be at least 18 years old on Election Day;11 you are a resident of South Carolina, your county, and your precinct;12 you are not under a court order declaring you “mentally incompetent”;13 you are not incarcerated for a felony or misdemeanor conviction;14 AND you are not on probation or parole for a felony or any violation of an election law.15 What if I’m a student? You can register to vote at whatever address you currently consider your permanent home.16 This can be your school address OR your home address, but not both.17 What if I have a physical disability?18 You have the right to an accessible voting place.19 It should be easy to get in the door, to the registration table and to your voting booth.20 You have the right to an accessible voting machine.21 This machine can read the ballot to you and record your vote privately. Every polling place must have one.22 What if I have a mental disability? You have the same right to vote as anyone else. The only exception to this is if a judge, in a court proceeding, has found you incompetent to vote, then you cannot vote.23 A poll worker cannot decide whether you get to vote.24 Only a judge can do this.25 What if I’ve been convicted of a crime? If you are incarcerated for a felony or misdemeanor conviction, you cannot vote.26 If you are on parole or probation for a felony conviction or for a violation of an election law, you cannot vote.27 If you have been charged with a crime but not convicted, you can vote.28 3 If you are in jail awaiting trial or for child support contempt, you can vote. If you have finished your sentence, you can vote.29 You must re-register to vote after you finish your sentence, parole, or probation, even if you were registered to vote before you were convicted.30 What if I’m homeless? You don’t need a home to register, but you do have to identify a place of residence.31 This can be a street corner, a park, a shelter, or any other place where you usually stay.32 You also have to identify a place where you can receive mail, like a shelter.33 What if I’ve moved? If you moved to a new county: If you moved to a new county before October 4, you have to re-register to vote in that county. If you don’t re-register, you won’t be able to vote in the November 4 election.34 If you moved to a new county after October 4, you have two options Go to the main office for your new county board of registration on Election Day, where you can update your address and cast a regular ballot; OR Go to the polling place for your old address on Election Day, where you can update your address and cast a failsafe ballot. A failsafe ballot allows you to vote for federal, statewide, countywide, and municipal-wide elections, but not for local elections.35 Your failsafe ballot will be counted unless someone presents convincing evidence that you were not eligible to vote.36 If you moved to a new address in the same county, you can still vote.37 If you moved to a new address in the same precinct, you can vote at the polling place for your new address. Either update your address with your county board of registration by October 4 or tell an election official about your new address when you get to the polls.38 If you moved to a different precinct in the same county, you should update your address with your county board of registration by October 4. If you don’t update your address in time, you have two options: Go to the main office for your county board of registration on Election Day, where you can update your address and cast a regular ballot; OR Go to the polling place for your old address on Election Day, where you can update your address and cast a failsafe ballot.39 A failsafe ballot allows you 4 to vote for federal, statewide, countywide, and municipal-wide elections, but not for local elections.40 Your failsafe ballot will be counted unless someone presents convincing evidence that you were not eligible to vote.41 To avoid delays at the polls, try to update your address with your county board of registration by October 4. What if I’ve changed my name? Update your name on your voter registration and on the photo ID you plan to use when you vote.42 If the name on your voter registration does not match the name on your photo ID and the poll worker cannot confirm your identity you will have to cast a provisional ballot.43 How do I know if I’m registered? Check your registration status online at https://info.scvotes.sc.gov/eng/voterinquiry/ VoterInformationRequest.aspx?PageMode=VoterInfo, or by calling your county board of voter registration and elections. REGISTRATION How do I register? You can register to vote: 1) in person, by filling out a voter registration form at your county board of registration; 2) by mail,44 by filling out a mail-in voter registration form and mailing, faxing, or emailing it to your county board of registration; 3) online, if you have a valid South Carolina driver’s license or identification card issued by the DMV, by filling out the online registration form at https://info. scvotes.sc.gov/eng/ovr/start.aspx;45 or 4) when you apply for services at the Department of Motor Vehicles46 and state agencies that provide public assistance (such as Medicaid, WIC, and food stamps) or services to people with disabilities.47 You may also be able to register at many other state and federal offices and agencies.48 You can get mail-in voter registration forms from your local elections office, from most libraries, colleges and high schools, by calling (803) 734-9060, or online at http://www.scvotes.org/south_carolina_voter_registration_information. What’s the registration deadline? Monday, October 4, 2014. If you are submitting your voter registration form by mail, it must be POSTMARKED by this date.49 If you are submitting your voter registration 5 form in person, online, by fax, or by email, it must be RECEIVED by the close of business of your county board of registration on October 4.50 What if I miss the deadline? You won’t be able to vote in the November 4 election, but you can register to vote in future elections.51 VOTING EARLY Can I vote before Election Day? Maybe. South Carolina does not allow early voting at the polls, but you may qualify to vote by absentee ballot if you’ll be away on Election Day or you’ll have a problem getting to the polls. An absentee ballot is a ballot that you cast by mail or by hand delivery without going to the polls. Do I qualify for an absentee ballot? An absentee ballot is a ballot that you cast by mail or by hand delivery without going to the polls. If you qualify to vote by absentee ballot and you return your ballot by mail, you do NOT need to include photo ID. You can vote by absentee ballot if you won’t be in the county where you’re registered during voting hours on Election Day for one of the following reasons: you’re a student (or the spouse or dependent child of a student);52 you’re a member of the Armed Forces, Merchant Marines, Red Cross or USO (or the spouse or dependent child of any one of these);53 you’re away on vacation;54 OR you’re a government employee (or a spouse or dependent child of a government employee).55 You can ALSO vote by absentee ballot even if you’re in the county where you’re registered during voting hours on Election Day if you meet any of the following conditions: you have a physical disability;56 you have to work during voting hours on Election Day, and you can provide written proof to your county registration board;57 6 you are working on Election Day as a certified poll watcher, poll manager, county voter registration board member or staff, or county or state election commission member or staff;58 you are attending a sick or physically disabled person;59 you were admitted to a hospital as an emergency patient on the day of an election or within four days before the election;60 you had a death or funeral in the family within the three days before the election;61 you are serving as a juror in a state or federal court on Election Day;62 you are 65 years old or older;63 OR you are in jail or a pretrial facility waiting for the disposition of an arrest or trial.64 How do I get an absentee ballot? Request an application for an absentee ballot from your county board of registration by telephone, by mail, in person, or online at https://info.scvotes.sc.gov/eng/ voterinquiry/VoterInformationRequest.aspx?PageMode=AbsenteeRequest.65 If you are qualified to vote by absentee ballot, a ballot will be mailed to you. You can submit your application in person at your county board of registration anytime before 5 p.m. on November 3.66 If you submit your application by mail, your application must be received (not postmarked) by your county board of registration before 5 p.m. on October 31.67 How do I return my absentee ballot? You can return your absentee ballot in person or by mail.68 If it’s too difficult for you to return the ballot yourself, you can sign a form authorizing someone else to return your ballot for you.69 That person cannot be a candidate for election or a paid member of a campaign staff unless he or she also is a member of your immediate family.70 If you return your absentee ballot by mail or authorize someone else to return your ballot for you, you do not need to include photo ID.71 If you return your absentee ballot in person, you must show one of the following photo IDs. It must be current and valid (not expired).72 a South Carolina driver’s license or non-driver photo ID card issued by the DMV; a United States passport; a federal government-issued Military ID with your photo; or 7 a South Carolina voter registration card with your photo. NOTE: if you cannot get one of these IDs in time for the election, you can still vote. (See details below.) To be counted, your absentee ballot must be received (not postmarked) by your county board of registration no later than 7 p.m. on Election Day.73 VOTING ON ELECTION DAY When is Election Day? Tuesday, November 4, 2014. When are the polls open? Polling places will be open from 7 a.m. to 7 p.m.74 You have the right to vote if you’re in line or inside your polling place when the polls close.75 Can I get time off from work to vote? Maybe. The law doesn’t require employers to give their employees paid or unpaid time off from work to vote, but your employer might have its own policy allowing you to do so. Ask well before Election Day. If you can’t get time off from work to vote, you can vote by absentee ballot.76 Apply for an absentee ballot and send written proof that you have to be at work to your county board of registrars with your application. Your application must be received by your county board of registration by 5 p.m. on October 31 if you submit it by mail, or by 5 p.m. on November 3 if you submit it in person.77 Where do I vote? On Election Day, you have to vote at your assigned polling place. Your assigned polling place will be listed on the voter registration notification you receive in the mail when you register.78 If you don’t have your notification, call your county board of registration or look up your polling place online at https://info.scvotes.sc.gov/eng/voterinquiry/ VoterInformationRequest.aspx?PageMode=VoterInfo. What if I am disabled and my polling place is not accessible? Consider voting by absentee ballot. If you have a physical disability, you are eligible to vote by absentee ballot, even if you are going to be in your county on Election Day.79 See above for information on how to apply for an absentee ballot. 8 If you find out in advance that your polling place is not accessible, request a transfer to an accessible polling place.80 Every county is required to have at least one accessible polling place.81 If you can’t walk without using a wheelchair, leg braces, crutches, walker, or respirator, you qualify for a transfer to an accessible polling place.82 Submit your request in writing to your county board of registration by October 4.83 You can also send someone into the polling place to request curbside voting on your behalf. Poll workers will bring a ballot or voting machine outside so you can vote.84 Otherwise, bring someone to assist you.85 You have the right to have anyone you choose assist you as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.86 Unless you are blind or the person you choose to assist you is a member of your family, a manager at the polling place is required to accompany you and the person you choose to assist you in the voting booth.87 What if I am blind or I have a learning disability and I cannot read the ballot? You have the right to an accessible voting machine.88 This is like a computer that reads the ballot to you. It allows you to choose your candidate and cast your vote by pushing buttons. Every polling place must have at least one of these machines.89 Can I get a ballot in my native language? No. Election materials in South Carolina are available in English only, but you have the right to bring a translator with you to the polls or to get assistance in your language from anyone you choose, including a poll worker.90 This person cannot be your employer, an agent of your employer, or an officer or agent of your labor union.91 What if there are long lines? Tell a poll worker if it is hard for you to stand in long lines because of a physical or mental health condition or disability.92 Elections officials must help you if they can. For example, if it is hard for you to stand, they should give you a chair or a place to sit while you wait. If the crowds or noise are too hard for you, they could find you a quiet place to wait until it is your turn to vote. Or, they could call you on your cell phone when it is close to your turn, and you could wait in a place of your choice.93 What if I need help in the voting booth? If you need help because of a physical disability or because you can’t read the ballot, tell a poll worker when you get to your polling place. You have the right to vote privately and independently on an accessible voting machine. You also have the right to have anyone you choose assist you in the voting booth, including a poll worker.94 That person cannot be your employer, an agent of your employer, or an officer or agent of your labor union.95 9 You have the right to vote privately and independently on an accessible voting machine. However, if you bring someone who is not member of your family to assist you while you’re in the booth, a poll manager is required to join you.96 If you need language assistance, bring an interpreter with you to the polls. You have a right to bring an interpreter with you to communicate with poll workers and to translate the ballot.97 If your interpreter is not a member of your family, a poll manager is required to join you in the booth.98 If you need instructions on how to use the voting equipment, ask a poll worker for help. Poll workers are required to help you at any time you ask—even after you have entered the voting booth. VOTER ID Do I have to show ID? Yes. A poll worker must ask you to show a photo ID. If you do not have an acceptable photo ID because it was too difficult to get one in time for the election, YOU CAN STILL VOTE.99 Make sure you bring the non-photo paper voter registration card you received when you registered to vote.100 Tell the poll worker why you could not get an ID in time, and ask to cast a provisional ballot.101 You will be required to show your non-photo paper voter registration card and write down the reason you could not get a photo ID in time and submit your explanation with your ballot.102 You can give any reason, as long as it is true. Poll workers are not permitted to question your reason or to prevent you from voting based on the reason that you give.103 Your provisional ballot WILL be counted unless the county board of registration and elections finds your reason to be false.104 You also will be asked to show ID if you return an absentee ballot in person.105 What are the accepted forms of ID? The only accepted forms of photo ID are:106 a South Carolina driver’s license or non-driver photo ID card issued by the DMV; a United States passport; a federal government-issued Military ID with your photo; OR a South Carolina voter registration card with your photo. 10 Your photo ID must be current and valid (not expired).107 The name on your photo ID needs to match the name on your voter registration.108 If it is too difficult for you to get a photo ID, bring your non-photo paper voter registration card to the polls.109 Tell the poll worker why you weren’t able to get a photo ID and ask to vote by provisional ballot. After you fill out a form affirming your identity and describing the reason why you couldn’t get a photo ID, you will be able to cast a provisional ballot.110 Your provisional ballot will be counted unless the county board of registration finds your reason to be false.111 If you have a religious objection to being photographed, bring your paper voter registration card without a photo to the polls. After you fill out a form affirming your identity and stating that you have a religious objection to being photographed, you will be able to cast a provisional ballot.112 Your provisional ballot will be counted unless the county board of registration finds your reason to be false.113 If it is too difficult for you to get a photo ID and you don’t have your paper voter registration card without your photo, you can still cast a provisional ballot. However, your ballot won’t be counted unless you obtain an acceptable photo ID and bring it to the county board of registration before the election is certified. The November 4 election will be certified no later than Saturday, November 8, and could be certified as early as Thursday, November 6.114 What is a provisional ballot? A provisional ballot is used to record your vote when there’s an unresolved question about your eligibility. What if I don’t have an acceptable photo ID? Try to get an acceptable photo ID before Election Day. You can get a FREE photo ID for voting at the DMV. This ID is called a voter registration card. Request a free voter registration card in person at your county board of registrars. If you are already registered to vote, you will be asked to provide your name, date of birth, and social security number.115 If you are not already registered to vote, you will be asked to register to vote first. What if getting to the county board of registration is difficult for me? If you can’t get to the county board of registration, you can cast a provisional ballot and fill out a form stating why you could not get a free photo ID. Unless there is evidence that your statement is not true, your vote WILL be counted.116 What if I need accessible transportation to the DMV? If your county does not have a paratransit service or accessible public transportation to the DMV, you have the right to ask for the county board of 11 registration to provide you with an alternative way to apply for and get your voter registration card.117 What if it is too hard for me to get through the application process? If it is hard because of a physical or mental condition, you have the right to ask for help from your county board of registration in getting your voter registration card.118 What if I go to the polls without an ID? If you have a photo ID but forgot to bring it, go home and get your ID. If you don’t have time to go home and get your photo ID, you can cast a provisional ballot.119 You will receive a Notice of Provisional Ballot Hearing containing a date for your Provisional Ballot Hearing. Your ballot will NOT be counted unless you bring an acceptable photo ID to your county election commission before the date of your Provisional Ballot Hearing.120 If you don’t have ID and you can’t get ID because of a disability or other obstacle, bring your paper voter registration card without a photo to the polls.121 Tell the poll worker why you weren’t able to get a photo ID and ask to vote by provisional ballot. After you fill out a form affirming your identity and describing the reason why you couldn’t get a photo ID, you will be able to cast a provisional ballot.122 Your provisional ballot will be counted unless the county board of registration finds your reason to be false.123 If you don’t have an ID because you have a religious objection to being photographed, bring your paper voter registration card without a photo to the polls. After you fill out a form affirming your identity and stating that you have a religious objection to being photographed, you will be able to cast a provisional ballot.124 Your provisional ballot will be counted unless the county board of registration finds your reason to be false.125 PROBLEMS AT THE POLLS What if I’m not on the voter list? First, ask a poll worker to check the list again and to confirm that you’re at the right polling place. Offer to spell your name. If you’re at the right polling place but your name isn’t on the voter list, ask for a provisional ballot.126 You have the right to cast a provisional ballot, even if your name is not on the voter list.127 Your provisional ballot will not be counted if you were at the wrong polling place, so be sure to vote in the polling place where you are registered.128 12 What if I go to the wrong polling place? Go to the right polling place. You can ask a poll worker to help you find the polling place where you’re registered. You can also call your county board of registrars or look up your polling place online at https://info.scvotes.sc.gov/eng/voterinquiry/ VoterInformationRequest.aspx?PageMode=VoterInfo. If you can’t figure out where you’re registered, go the polling place that you think is the right one and ask for a provisional ballot. You have the right to cast a provisional ballot even if you’re not sure that you’re at the right polling place.129 What if someone challenges my right to vote? Ask for a provisional ballot.130 Election officials will rule on the challenge before the election results become final.131 What if someone tries to intimidate or harass me? Tell a poll worker right away. If the poll worker is the problem, tell a poll watcher, call your county board of registration, or call one of the election hotline numbers listed at the end of this card. What if I make a mistake on my ballot or the voting machine malfunctions? Tell a poll worker before you cast your vote. If you make a mistake on a paper ballot, you have the right to one replacement ballot as long as you catch your mistake before you cast your ballot.132 How do I make a complaint? First, ask for a poll manager at your polling place.133 He or she can handle most routine complaints that arise on Election Day. Candidates, political parties, and nonprofit groups may also have poll watchers at your polling place who might be able to assist you. If any of those people ask you who you voted for, or if they can’t resolve your complaint, call your county board of registrars or the State Election Commission. You can also call one of the election hotline numbers listed at the end of this card. 13 MORE INFORMATION If you need information about the rules for voting, contact the South Carolina State Election Commission at: (803) 734-9060 or www.scvotes.org. You can also call the Election Protection hotline at: 866-OUR-VOTE (866-687-8683) If you feel your right to vote has been denied, contact the ACLU at [email protected]. You can also call the US Department of Justice Voting Rights Section at: (800) 253-3931 For assistance in Spanish, call 888-VE-Y-VOTA (888-839-8682) 14 1 S.C. Code § 7-13-710(A). 30 S.C. Code § 7-5-120(B). 2 S.C. Code § 7-13-710 (anytime a person “presents himself to vote,” he is required to show photo ID); http://www.scvotes.org/south_carolina_voting_ information_page. 31 S.C. Code § 7-5-170(2). 3 S.C. Code § 7-13-760. 4 S.C. Code § 7-5-150 (registration books are closed 30 days before each election). 5 S.C. Code § 7-15-330. 6 S.C. Code § 7-5-150 (registration books are closed 30 days before each election). 32 S.C. Code § 7-1-25 (listing factors in determining domicile). 33 S.C. Code § 7-5-170(2). 34 S.C. Code § 7-5-440 (no curative provision for voters who moved counties more than 30 days before election). 35 S.C. Code § 7-5-440(B). 36 S.C. Code § 7-13-830. 37 S.C. Code §§ 7-5-440(A)-(B). 7 S.C. Code § 7-15-330. 38 S.C. Code § 7-4-440(A). 8 Note: South Carolina does not offer early voting. 39 S.C. Code § 7-5-440(B). 9 S.C. Code § 7-5-150 (registration closes 30 days 40 S.C. Code § 7-5-440(B). before each election). 41 S.C. Code § 7-13-830. 10 S.C. Code. § 7-5-120. 42 S.C. Code § 7-5-186 (name on registration can be updated only updated after filing change of name). 11 S.C. Code. § 7-5-120. 12 S.C. Code. § 7-5-120. 43 S.C. Code § 7-13-710(B) (poll workers must check name on ID against voter registration list); S.C. State Elec. Comm. Poll Manual at 10 (2013) (if a voter presents ID and cannot be found on the voter list, the poll worker is required to call the county board of registration. If the county board of registration finds that the voter is registered, the voter will have to correctly confirm his or her birthday before being allowed to cast a regular ballot. If the county board of registration cannot confirm the voter’s identity, or “if the phone is not available”, the voter must cast a provisional ballot). 13 S.C. Code. § 7-5-120. 14 S.C. Code. § 7-5-120. 15 S.C. Code. § 7-5-120. 16 S.C. Code § 7-1-25(A). The technical term used in South Carolina is “domicile.” 17 S.C. Code § 7-1-25(D). 18 S.C. Code § 7-7-990. S.C. requires that each precinct have at least one accessible polling place. Any disabled voter may apply for transfer there, and any voter who uses a he a wheelchair, leg braces, crutches, a walker, or a respirator may vote there without applying. 44 S.C. Code § 7-5-155. 45 S.C. Code § 7-5-185. 19 42 U.S.C. § 1973ee-1(a). 46 S.C. Code § 7-5-320. 20 42 U.S.C. § 1973ee-1(a). 47 S.C. Code § 7-5-310(C). 21 42 U.S.C. § 15481(a)(3)(A)-(B). 48 S.C. Code § 7-5-310(B) (listing voter registration agencies). 22 42 U.S.C. § 15481(a)(3)(A)-(B). 49 http://www.scvotes.org/south_carolina_voter_ registration_information. 23 S.C. Code § 7-5-120. 24 S.C. Code § 7-5-120(B)(1) (disqualification comes only from being adjudicated as mentally incompetent by “a court of competent jurisdiction”). 50 S.C. Code §§ 7-5-130, 150. 51 S.C. Code § 7-5-150 (registration closes 30 days before each election). 25 S.C. Code § 7-5-120(B)(1) (disqualification comes only from being adjudicated as mentally incompetent by “a court of competent jurisdiction”). 52 S.C. Code § 7-15-320(A)(1). 53 S.C. Code §§ 7-15-320(A)(2)-(3). 26 S.C. Code § 7-5-120(B)(2). 54 S.C. Code § 7-15-320(A)(5). 27 S.C. Code § 7-5-120(B)(3). 55 S.C. Code § 7-15-320(A)(4). 28 S.C. Code § 7-5-120 (disqualifying only those 56 S.C. Code § 7-15-320(B)(1). convicted of crimes and serving sentences of imprisonment, or probation or parole for felonies). 57 S.C. Code § 7-15-320(B)(2). 58 S.C. Code § 7-15-320(B)(3). 29 S.C. Code § 7-5-120(B)(2)-(3). Those convicted of misdemeanors can vote before completing their sentences, as long as they are no longer incarcerated. People convicted of misdemeanors can vote while on probation or parole. However, people convicted of felonies cannot vote until they have completed probation or parole. 59 S.C. Code § 7-15-320(B)(4). 60 S.C. Code § 7-15-320(B)(5). 61 S.C. Code § 7-15-320(B)(6). 62 S.C. Code § 7-15-320(B)(7). 63 S.C. Code § 7-15-320(B)(8). 15 64 S.C. Code § 7-15-320(B)(9). (D.D.C.2012) 65 S.C. Code § 7-15-330. 101 S.C. Code § 7-13-710(D)(1)(b). 66 S.C. Code § 7-15-330 (anyone who qualifies to vote absentee may submit an application in person until 5 p.m. the day before the election). 102 S.C. Code § 7-13-710(D)(1)(b). 103 S.C. Code § 7-13-710(D)(1)(b); South Carolina v. United States, 898 F.Supp.2d 30, 37 - 38 (D.D.C.2012) (preclearance granted to South Carolina ID law on condition that reasonableness of impediment not be questioned; only truthfulness of impediment permitted to be assessed by board of registration and elections). 67 S.C. Code § 7-15-330 (absentee ballots can be requested anytime during the calendar year of the election, but must be returned by 5 p.m. on the fourth day before the election.) 68 S.C. Code § 7-15-385. 104 S.C. Code § 7-13-710(D)(2). 69 S.C. Code § 7-15-385. 105 S.C. Code § 7-13-710(A). 70 S.C. Code § 7-15-385. 106 S.C. Code § 7-13-710(A). 71 S.C. Code § 7-13-710 (anytime a person “presents himself to vote,” he is required to show photo ID); http://www.scvotes.org/south_carolina_voting_ information_page. 107 S.C. Code § 7-13-710(A). 108 S.C. Code § 7-13-710(B) (poll workers must check name on ID against voter registration list); 72 http://www.scvotes.org/2009/10/15/absentee_voting. 109 S.C. State Elec. Comm. Poll Workers Manual at 14 (2013) (instructing poll workers to ask to see voter registration cards for voters who had a “reasonable impediment” preventing them from bringing ID. This requirement is not in the statute. Voters without ID who do not have paper registration cards can still vote by provisional ballot, but those ballots will not be counted unless the voter brings acceptable photo ID to the county board of registration 73 http://www.scvotes.org/2009/10/15/absentee_voting. 74 S.C. Code § 7-13-60 75 S.C. Code § 7-13-850. 76 S.C. Code § 7-15-320(B)(2). 77 S.C. Code § 7-15-330. 78 S.C. Code § 7-5-125 (requiring notification of registration). 82 S.C. Code § 7-7-990(A)(1). 110 S.C. Code § 7-13-710(D)(1)(b) (the statute describes this as the voter stating a “reasonable impediment”; poll workers are instructed to accept any explanation as a reasonable impediment (“County election officials must accept any reason asserted by the voter and may not review the reasonableness of the voter’s explanation.) 83 S.C. Code § 7-7-990(A)(2). 111 S.C. Code § 7-13-710(D)(2). 84 S.C. Code § 7-13-771. 112 S.C. Code § 7-13-710(D)(1)(a). 85 S.C. Code § 7-13-770(A) (only one person permitted to assist blind voters, disabled voters, and voters who are unable to read or write). 113 S.C. Code § 7-13-710(D)(2). 79 S.C. Code § 7-15-320(B)(1). 80 S.C. Code § 7-7-990(A). 81 S.C. Code § 7-7-990(A). 114 S.C. State Elec. Comm. Poll Workers Manual at 14 (2013); S.C. Code §§ § 7-17-20, 220. 86 S.C. Code § 7-13-770(A). 87 S.C. Code § 7-13-770(A) (“family” means “spouse, father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, niece, or nephew”). 115 http://www.sumtercountysc.org/?q=department/ voter-registrationelection-commission/article/photoid-requirements-new-2013 (Sumter County website); http://www.spartanburgcounty.org/govt/depts/ regelec/ (Spartanburg County website). 88 42 U.S.C. § 15481(a)(3)(A)-(B) (HAVA requirement). 116 S.C. Code § 7-13-710(D)(2). 89 42 U.S.C. § 15481(a)(3)(A)-(B). 117 28 CFR §35.130(b)(7). 90 S.C. Code § 7-13-770(A). 118 28 CFR §35.130(b)(7). 91 S.C. Code § 7-13-770(A). 119 S.C. State Elec. Comm. Poll Workers Manual at 14 (2013). 92 28 CFR §35.130(b)(7). 120 S. C. State Elec. Comm. Poll Workers Manual at 14 (2013). 93 28 CFR §35.130(b)(7). 94 S.C. Code § 7-13-770(A). 121 S.C. State Elec. Comm. Poll Workers Manual at 14 (2013) (instructing poll workers to ask to see voter registration cards for voters who had a “reasonable impediment” preventing them from bringing ID. This requirement is not in the statute. Voters without ID who do not have paper registration cards can still vote by provisional ballot, but those ballots will not be counted unless the voter brings acceptable photo ID to the county board of registration 95 S.C. Code § 7-13-770(A). 96 S.C. Code § 7-13-770(A). 97 S.C. Code § 7-13-770(A). 98 S.C. Code § 7-13-770(A). 99 S.C. Code § 7-13-710(D)(1)(b). 100 South Carolina v. United States, 898 F.Supp.2d 30, 35 16 122 S.C. Code § 7-13-710(D)(1)(b) (the statute describes this as the voter stating a “reasonable impediment”; poll workers are instructed to accept any explanation as a reasonable impediment (“County election officials must accept any reason asserted by the voter and may not review the reasonableness of the voter’s explanation.) 123 S.C. Code § 7-13-710(D)(2). 124 S.C. Code § 7-13-710(D)(1)(a). 125 S.C. Code § 7-13-710(D)(2). 126 S.C. Code § 7-13-830. 127 S.C. Code § 7-13-830. 128 S.C. Code § 7-13-830. 129 S.C. Code § 7-13-830. 130 S.C. Code § 7-13-830. 131 S.C. Code § 7-13-830 (in S.C., if the challenger does not appear at the provisional ballot hearing or offer evidence supporting the challenge in advance of the hearing, the ballot is automatically counted). 132 S.C. Code § 7-13-790. 133 S.C. Code § 7-13-140. 17
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