§ 7-5-310 — Definitions; designations.

(A) As used in this article: (1) "Voter registration agency" means an office designated to perform specific voter registration activities; (2) "Motor vehicle driver's license" means any personal identification document issued by the Department of Motor Vehicles. (B) There are designated the following voter registration agencies: (1) Department of Social Services; (2) Department of Health and Environmental Control - WIC program; (3) Office of Intellectual and Developmental Disabilities; (4) Commission for the Blind; (5) Department of Vocational Rehabilitation; (6) South Carolina Protection and Advocacy System for the Handicapped; (7) Armed Forces recruiting offices; (8) Office of Substance Use Services; (9) Office of Mental Health. (C) At each voter registration agency, the following services must be made available: (1) distribution of voter registration application forms in accordance with subsection (F); (2) assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance; (3) acceptance of completed voter registration application forms for transmittal to the county board of voter registration and elections. (D) If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (C) at the person's home. (E) A person who provides services described in subsection (C) may not: (1) seek to influence an applicant's political preference; (2) display a political preference or party allegiance; (3) make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; or (4) make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register to vote has any bearing on the availability of services or benefits. (F) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall: (1) distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance the voter registration application form, including a statement that: (a) specifies each eligibility requirement (including citizenship); (b) contains an attestation that the applicant meets the requirement; and (c) requires the signature of the applicant, under penalty of perjury; or (2)(a) provide a form that includes: (i) the question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"; (ii) if the agency provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."; (iii) boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of subsection (G), together with the statement (in close proximity to the boxes and in prominent type), "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."; (iv) the statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private."; and (v) the statement, "If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Election Commission." The name, address, and telephone number of the Executive Director of the State Election Commission must be printed on the form; and (b) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses the assistance. (G) No information relating to a declination to register to vote in connection with an application made at an office described in subsection (B) may be used for any purpose other than voter registration. (H)(1) A completed registration application accepted at a voter registration agency must be transmitted to the county board of voter registration and elections not later than ten days after acceptance. (2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of voter registration and elections not later than five days after the date of acceptance.

Legislative History

HISTORY: 1996 Act No. 466, SECTION 1, eff August 21, 1996. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.