SB94 SFA #1 Trump 1-10
Canterbury 7892
Senator Trump moved to amend the bill on pages seven through eleven, by striking out all of section four and inserting in lieu thereof a new section, designated section four, to read as follows:
§3-3-4. Assistance to
voter in voting an absent voter’s absentee ballot by personal
appearance; penalties.
(a) Any registered voter who requires assistance to vote by reason of blindness, physical disability, advanced age, or inability to read and write may be given assistance by a person of the voter’s choice: Provided, That the assistance may not be given by the voter’s present or former employer or agent of that employer, by the officer or agent of a labor union of which the voter is a past or present member, or by a candidate on the ballot.
(b) Any voter who requests
assistance in voting an absent voter’s absentee ballot but who is
determined by the official designated to supervise and conduct absentee voting
not to be qualified for assistance under the provisions of this section and
§3-1-34 of this code may vote a challenged absent voter’s provisional
absentee ballot with the assistance of any person authorized to render
assistance pursuant to this section. The official designated to supervise and
conduct absentee voting shall, in this case, challenge the absent voter’s
absentee ballot on the basis of his or her determination that the voter
is not qualified for assistance.
(c) Any one or more of the
election commissioners or poll clerks in the precinct to which an absent
voter’s absentee ballot has been sent may challenge the ballot on
the ground grounds that the voter received assistance in voting it
the ballot when in his or their opinion: (1) The person who received the
assistance in voting the absent voter’s absentee ballot did not
require assistance; or (2) the person who provided the assistance in voting did
not make an affidavit as required by this section. The election commissioner or
poll clerk or commissioners or poll clerks making a challenge shall enter the
challenge and reason for the challenge on the form and in the manner prescribed
or authorized by this article.
(d) Before entering the
voting booth or compartment, the person who intends to provide a voter
assistance in voting by personal appearance shall make an affidavit, the
form of which is to be prescribed by the Secretary of State, that he or she
will not in any manner request, or seek to persuade, or induce the voter
to vote any particular ticket or for any particular candidate or for or against
any public question; and that he or she will not keep or make any memorandum
or entry of anything occurring within the voting booth or compartment; and that
he or she will not, directly or indirectly, reveal to any person the name of
any candidate voted for by the voter, or which ticket he or she had
the voter voted, or how he or she had the voter
voted on any public question, or anything occurring within the voting booth, or
compartment, or voting machine booth, except when required, pursuant to law, to
give testimony as to the matter in a judicial proceeding.
(e) In accordance with
instructions issued by the Secretary of State, the official designated to
supervise and conduct absentee voting shall provide complete a
form entitled “List of Assisted Voters”, prescribed by the Secretary of
State which list is to be divided into two parts, as follows:
(1) Part A is to be entitled “Unchallenged Assisted Voters”; and Part B is to be entitled “Challenged Assisted Voters”.
(2) Under Part A, the official designated to supervise
and conduct absentee voting shall enter the name of each voter receiving
unchallenged assistance in voting an absent voter’s absentee
ballot, the address of the voter assisted, the nature of the disability which
qualified the voter for assistance in voting an absent voter’s absentee
ballot, the name of the person providing the voter with assistance in voting an
absent voter’s absentee ballot, the fact that the person
rendering the assistance in voting made and subscribed the oath affidavit
required by this section, and the signature of the official designated to
supervise and conduct absentee voting, certifying to the fact that he or she
had determined that the voter who received assistance in voting an absent
voter’s absentee ballot was qualified to receive the assistance
under the provisions of this section.
(3) Under Part B, the official designated to supervise
and conduct absentee voting shall enter the name of each voter receiving
challenged assistance in voting, the address of the voter receiving challenged
assistance, the reason for the challenge, and the name of the person providing
the challenged voter with assistance in voting. At the close of the period
provided for voting an absent voter’s absentee ballot by personal
appearance, the official designated to supervise and conduct absentee voting
shall make and subscribe to an oath on the list that the list is correct in all
particulars.
(4) If no voter has been assisted in voting an absent
voter’s absentee ballot as provided in this section, the official
designated to supervise and conduct absentee voting shall make and subscribe to
an oath of that fact on the list.
(5) The “List of Assisted Voters” is to be available for
public inspection in the office of the official designated to supervise and
conduct absentee voting during regular business hours throughout the period
provided for voting an absent voter’s absentee ballot by personal
appearance and, unless otherwise directed by the Secretary of State, the
official shall transmit the list, together with the affidavits, applications,
and absent voters’ absentee ballots, to the precincts on election
day.
(f) Following the election,
the affidavits required by this section from persons providing assistance in
voting, together with the “List of Assisted Voters”, are to be returned by the
election commissioners to the clerk of the county commission, along with the
election supplies, records, and returns. who The clerk shall make
the oaths and the “List of Assisted Voters” available for public
inspection and who shall preserve the oaths and list for 22 months or,
if under order of the court, until their destruction or other disposition is
authorized or directed by the court.
(g) Any person making an affidavit required under the provisions of this section who knowingly swears falsely in the affidavit or any person who counsels or advises, aids, or abets another in the commission of false swearing under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail for a period of not more than one year, or both fined and confined.
(h) Any person who provides
a voter assistance in voting an absent voter’s absentee ballot in
the office of the official designated to supervise and conduct absentee voting
who is not qualified or permitted by this section to provide assistance is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000 or confined in jail for a period of not more than one year, or both
fined and confined.
(i) Any official designated
to supervise and conduct absentee voting, election commissioner, or poll clerk
who authorizes or allows a voter to receive or to have received unchallenged
assistance in voting an absent voter’s absentee ballot when the
voter is known to the official designated to supervise and conduct absentee
voting or election commissioner or poll clerk not to be or have been authorized
by the provisions of this section to receive or to have received assistance in
voting is guilty of a misdemeanor and, upon conviction thereof, shall be fined
not more than $1,000 or confined in jail for a period of not more than one
year, or both fined and confined.
(j) The term “physical disability” as used in this section means
blindness or a degree of blindness as will prevent the voter from seeing the
names on the ballot or amputation of both hands or a disability of both hands
that neither can be used to make cross marks on the absent voter’s ballot.;
On page thirteen, section five, line seventy-two, after the words “et seq.,” by inserting the words “the Uniformed and Overseas Citizens Absentee Voting Act of 1986,”;
And,
On pages sixteen and seventeen, section six, by striking out all of section six, and inserting in lieu thereof a new section, designated section six, to read as follows:
§3-3-6. Assistance to
voter in voting an absent voter’s absentee ballot by mail.
(a) No voter shall receive any assistance in voting an absent
voter’s absentee ballot by mail unless he or she shall make a
declaration at the time he or she makes application for an absent voter’s
absentee ballot that because of blindness, physical disability,
advanced age, or inability to read or write he or she requires assistance in
voting an absent voter’s absentee ballot.
(b) Upon receipt of an absent voter’s absentee
ballot by mail, the voter who requires assistance in voting such ballot and who
has indicated he or she requires such assistance and the reasons therefor on
the application may select any eligible person to assist him or her in voting.
(c) The person providing assistance in voting an absent
voter’s absentee ballot by mail shall make an affidavit on a form as
may be prescribed by the Secretary of State, that he or she will not in
any manner request, or seek to persuade, or induce the voter to vote any
particular ticket or for any particular candidate or for or against any public
question; and that he or she will not keep or make any memorandum
or entry of anything occurring within the voting booth or compartment; and that
he or she will not, directly or indirectly, reveal to any person the
name of any candidate voted for by the voter, or which ticket he the
voter had voted, or how he the voter had voted
on any public question, or anything occurring within the voting booth, or
compartment, or voting machine booth, except when required, pursuant to law, to
give testimony as to such matter in a judicial proceeding.
(d) The term “assistance in voting”, as used in this
section, shall mean means assistance in physically marking the
official absent voter’s absentee ballot for a voter or reading or
directing the voter’s attention to any part of the official absent voter’s
absentee ballot.
Adopted
Rejected