2017 South Carolina Code of Laws
Title 7 - Elections
CHAPTER 5 - QUALIFICATIONS AND REGISTRATION OF ELECTORS
Section 7-5-170. Necessity for written application for registration; information to be contain on form; oaths; decisions on applications.
(1) Written application required.-A person may not be registered to vote except upon written application or electronic application pursuant to Section 7-5-185, which shall become a part of the permanent records of the board to which it is presented and which must be open to public inspection. However, the social security number contained in the application must not be open to public inspection.
(2) Form of application. - The application must be on a form prescribed and provided by the executive director and shall contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, and location of prior voter registration. The applicant must affirm that he is not under a court order declaring him mentally incompetent, confined in any public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must take the following oath: "I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence and that I claim no other place as my legal residence." Any applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense.
(3) Administration of oaths. - Any member of the county board of voter registration and elections, deputy registrar, or any registration clerk must be qualified to administer oaths in connection with the application.
(4) Decisions on applications. - Any member of the county board of voter registration and elections, deputy registrar, or registration clerk may pass on the qualifications of the prospective voter. In case of a question of an applicant being refused registration, at least one member of the board shall pass on the qualifications of the voter. A concise statement of the reasons for the refusal must be written on the application.
HISTORY: 1962 Code Section 23-68; 1952 Code Section 23-68; 1950 (46) 2059; 1951 (47) 78; 1957 (50) 671; 1965 (54) 283; 1967 (55) 657; 1968 (55) 2316; 1974 (58) 2185; 1984 Act No. 304, eff March 22, 1984; 1984 Act No. 510, Section 3, eff June 28, 1984; 1986 Act No. 345, Section 2, eff March 7, 1986; 1993 Act No. 90, Section 1, eff January 1, 1994; 2004 Act No. 239, Section 1, eff May 24, 2004; 2012 Act No. 265, Section 1, eff upon preclearance approval or declaratory judgment.
Code Commissioner's Note
Pursuant to the directive in 2014 Act No. 196, Section 8, at the direction of the Code Commissioner, references in this section to county election commissions or commissioners or county boards of voter registration were changed to the "Board of Voter Registration and Elections" and board members as appropriate.
Editor's Note
2012 Act No. 265, Section 9, provides as follows:
"This act takes effect upon preclearance approval by the United States Department of Justice or approval by a declaratory judgment issued by the United States District Court for the District of Columbia, whichever occurs first."
Preclearance approval for 2012 Act No. 265 was received on October 1, 2012.
Effect of Amendment
The first 1984 amendment revised item 5 in subsection (2) pertaining to conviction for certain crimes.
The second 1984 amendment changed subsection (1) by substituting "person may be registered to vote" for "registration certificate shall be issued," and "must" for "shall."
The 1986 amendment made grammatical changes and, in the form set forth in subsection (2), added ", a citizen of this State and the United States," deleted former item 4, redesignated former items 5-10 as 4-9, and added item 10 regarding the applicant's telephone number.
The 1993 amendment added that part of subsection (2) which follows "shall contain the following information:" and deleted a form for application which appeared following subsection (2).
The 2004 amendment, in subsection (1), added the second sentence relating to the social security number.
The 2012 amendment, in item (1), substituted "A person may not" for "No person may"; inserted "or electronic application pursuant to Section 7-5-185,"; and deleted "as required by this section" after "contained in the application".
