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:

ß3-3-4. Assistance to voter in voting an absent voterís 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 voterís choice: Provided, That the assistance may not be given by the voterís 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 voterís 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 ß3-1-34 of this code may vote a challenged absent voterís 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 voterís 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 voterís 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 voterís 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 ďList of Assisted VotersĒ, prescribed by the Secretary of State which list is to be divided into two parts, as follows:

(1) Part A is to be entitled ďUnchallenged Assisted VotersĒ; and Part B is to be entitled ďChallenged Assisted VotersĒ.

(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 voterís absentee ballot, the address of the voter assisted, the nature of the disability which qualified the voter for assistance in voting an absent voterís absentee ballot, the name of the person providing the voter with assistance in voting an absent voterís 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 voterís 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 voterís 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 voterís 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 ďList of Assisted VotersĒ 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 voterís 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 votersí 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 ďList of Assisted VotersĒ, 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 ďList of Assisted VotersĒ 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 voterís 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 voterís 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 ďphysical disabilityĒ 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 voterís ballot.;


On page thirteen, section five, line seventy-two, after the words ďet seq.,Ē by inserting the words ďthe Uniformed and Overseas Citizens Absentee Voting Act of 1986,Ē;


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:

ß3-3-6. Assistance to voter in voting an absent voterís absentee ballot by mail.



(a) No voter shall receive any assistance in voting an absent voterís absentee ballot by mail unless he or she shall make a declaration at the time he or she makes application for an absent voterís 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 voterís absentee ballot.

(b) Upon receipt of an absent voterís 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 voterís 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 ďassistance in votingĒ, as used in this section, shall mean means assistance in physically marking the official absent voterís absentee ballot for a voter or reading or directing the voterís attention to any part of the official absent voterís absentee ballot.


 

 

Adopted

Rejected