Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF SOUTH CAROLINA, v. Plaintiff, UNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General, Civil Action No (CKK-BMK-JDB) Defendants, and JAMES DUBOSE, et al., Defendant-Intervenors, NOTICE OF FINAL PROCEDURES PURSUANT TO SECTIONS 4, 7, AND 8 OF ACT R54 The State of South Carolina respectfully submits this notice of final procedures in support of preclearance of Act R54 (attached as Exhibit A). The South Carolina Election Commission will use the final procedures described in this notice and in the Act itself upon preclearance of Act R54 to implement Sections 4, 7, and 8 of the Act. South Carolina submitted substantially similar materials to the Department of Justice in October In its letter of December 23, 2011, the Department stated that the Attorney General would make no determination with regard to Sections 4, 7, and 8 because the proposed procedures to implement those sections were not final. The proposed procedures are, in fact, final and will be implemented upon preclearance. These sections of the Act and implementing procedures further show that Act R54 has no discriminatory purpose and will not have discriminatory effects.

2 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 2 of 6 I. Section 4. Section 4 of Act R54 requires the Election Commission to implement a system in order to issue voter registration cards with a photograph of the elector. This photo registration card may be used for voting purposes only. Attached hereto as Exhibit B is the Election Commission s Procedure for Issuing Photo Voter Registration Cards, dated April 26, This procedure is final and will be put into effect upon preclearance of Act R54. The procedure allows a currently registered voter to obtain a photo registration card in one of three ways: (a) by presenting his or her current (non-photo) voter registration card; (b) by presenting any non-photo identification materials accepted for registration pursuant to the Help America Vote Act of 2002 (HAVA), Pub. L. No , 116 Stat. 1666, such as a current utility bill, bank statement, paycheck, or government document showing the voter s name and address; or (c) by providing the last four digits of his or her social security number and date of birth. The procedure also provides for issuing photo registration cards on Election Day. Section 4 will take effect upon preclearance by the Department of Justice or this Court. See Act R II. Section 7. Section 7 of Act R54 provides that the Election Commission must establish an aggressive voter education program concerning the provisions contained in Act R54. The section requires posting information about the changes made by Act R54; training poll managers and poll workers and requiring them to disseminate documentation describing the changes in this legislation... at every election held following preclearance ; coordinating with county boards of registration and elections to conduct two or more seminars in each county and with local and service organizations to provide for additional informational seminars at a local or 2

3 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 3 of 6 statewide level ; placing advertisements describing the changes in South Carolina newspapers of general circulation, and coordinating with local media outlets to disseminate information concerning the changes. Act R54 7(1)-(7). Section 7 also requires the Commission to notify each registered elector who does not have a South Carolina issued driver s license or identification card... of the provisions of this act, the requirements to vote by absentee, early, or on election day, a description of voting by provisional ballot, and the availability of a free photo ID. Id. 7(8). Attached hereto as Exhibit C is the Election Commission s Photo ID Voter Education Plan. This plan describes the process that the Election Commission will follow to publicize the photo ID requirement and explain it to voters throughout the State. It includes sample literature, posters, and advertisements and explains the media strategy that the Commission will pursue. This plan has been developed based upon the approximately $500,000 in funds already appropriated to the Commission by the General Assembly last year. The General Assembly is currently considering an additional appropriation of approximately $500,000-$600,000. If that appropriation is made, the Election Commission will expand its voter education plan. Exhibit C also includes the postcards that will be used to notify registered voters without photo ID of the changes and the Poll Manager s Handbook Supplement that will be distributed to poll workers. III. Section 8. Section 8 of Act R54 directs the Election Commission to create a list containing all registered voters of South Carolina who are otherwise qualified to vote but do not have a South Carolina driver s license or other form of identification containing a photograph issued by the Department of Motor Vehicles as of December 1, The Election Commission s current list 3

4 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 4 of 6 comprises approximately 200,000 registered voters across the State who might lack such photo identification. The Election Commission will create an updated list immediately upon preclearance and use the updated list for its voter education campaign. The list is prepared by comparing the Election Commission s voter registration file containing voter names, social security numbers, and date of birth fields with a file from the Department of Motor Vehicles that includes name, address, social security number, and date of birth fields. The Election Commission s voter registration file includes active and inactive voters. The list prepared pursuant to Section 8 includes all active voters and two categories of inactive voters. The inactive voters included are those whose records are marked inactive because either (a) the voter failed to respond to a confirmation card mailing (these inactive voters are coded I- F for failure to respond to confirmation mailing); or (b) election officials have sent a piece of mail to the voter and received a notice from the U.S. Postal Service that the forwarding address has expired or that the mail was undeliverable (these inactive voters are coded I-M to indicate that the voter has moved). The Commission includes these two categories of inactive voters (but not others) on the list created for purposes of Section 8 because these are the inactive voters most likely to present themselves in future elections. The Election Commission has described these and other inactive statuses by letter, which was submitted to the Department of Justice during administrative preclearance. See Exhibit D hereto. The Commission does not include archived inactive voter records in the comparison because the Commission s experience has been that few voters whose records have been archived present themselves to vote. Id. 4

5 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 5 of 6 Respectfully submitted, /s/ H. Christopher Bartolomucci Paul D. Clement H. Christopher Bartolomucci BANCROFT PLLC 1919 M Street, N.W., Suite 470 Washington, D.C (202) Dated: April 30, 2012 Counsel for the State of South Carolina 5

6 Case 1:12-cv CKK-BMK-JDB Document 65 Filed 04/30/12 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that on April 30, 2012, I filed the foregoing notice with the Court s electronic filing system, which will provide notice to all counsel of record. /s/ H. Christopher Bartolomucci H. Christopher Bartolomucci

7 Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 1 of 10 EXHIBIT A

8 Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 2 of 10 Download This Bill in Microsoft Word format A27, R54, H3003 STATUS INFORMATION South Carolina General Assembly 119th Session, General Bill Sponsors: Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V.S. Moss, Norman, Parker, G.M. Smith, G.R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J.R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D.C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire Document Path: l:\council\bills\ms\7070zw11.docx Companion/Similar bill(s): 1, 3961 Introduced in the House on January 11, 2011 Introduced in the Senate on January 27, 2011 Last Amended on May 11, 2011 Passed by the General Assembly on May 11, 2011 Governor's Action: May 18, 2011, Signed Summary: Voter ID HISTORY OF LEGISLATIVE ACTIONS Date Body Action Description with journal page number /7/2010 House Prefiled 12/7/2010 House Referred to Committee on Judiciary 1/11/2011 House Introduced and read first time (House Journal-page 3) 1/11/2011 House Referred to Committee on Judiciary (House Journal-page 3) 1/12/2011 House Member(s) request name added as sponsor: Atwater 1/18/2011 House Member(s) request name added as sponsor: Henderson, Quinn, Tallon, Patrick, J.R.Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson 1/19/2011 House Committee report: Favorable with amendment Judiciary (House Journal-page 2) 1/20/2011 House Member(s) request name added as sponsor: D.C.Moss 1/25/2011 House Member(s) request name added as sponsor: Erickson, Willis 1/25/2011 House Objection by Rep. Cobb-Hunter and Sellers (House Journal-page 32) 1/25/2011 House Requests for debate-rep(s). Clemmons, Crawford, JE Smith, Hart, Govan, McEachern, Erickson, Brantley, King, Jefferson, Munnerlyn, Forrester, Parker, Allison, Mack, Mitchell, Bikas, DC Moss, JR Smith, Hixon, Taylor, Young, RL Brown, GA Brown, Anderson, Clyburn, Hosey, Brannon, Hayes, Battle, Gilliard, McCoy, Stringer, Sandifer, Whitmire, VS Moss, Nanney, Bedinfield, Henderson, Allen, Hearn, Dillard, Corbin, Hardwick, Loftis, Pope, Whipper, Ott, and Vick (House Journal-page 32) 1/26/2011 House Member(s) request name added as sponsor: Brady, 1 of 9 3/22/ :47 AM

9 Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 3 of 10 Herbkersman, Nanney, Brannon, Whitmire 1/26/2011 House Amended (House Journal-page 28) 1/26/2011 House Read second time (House Journal-page 28) 1/26/2011 House Roll call Yeas-74 Nays-45 (House Journal-page 28) 1/27/2011 House Read third time and sent to Senate (House Journal-page 34) 1/27/2011 Senate Introduced and read first time (Senate Journal-page 17) 1/27/2011 Senate Referred to Committee on Judiciary (Senate Journal-page 17) 2/3/2011 Scrivener's error corrected 2/8/2011 Senate Motion For Special Order Failed (Senate Journal-page 14) 2/8/2011 Senate Roll call Ayes-25 Nays-15 (Senate Journal-page 14) 2/9/2011 Senate Motion For Special Order Failed (Senate Journal-page 23) 2/9/2011 Senate Roll call Ayes-26 Nays-14 (Senate Journal-page 23) 2/10/2011 Senate Special order, set for February 10, 2011 (Senate Journal-page 19) 2/10/2011 Senate Roll call Ayes-26 Nays-17 (Senate Journal-page 19) 2/15/2011 Senate Debate interrupted (Senate Journal-page 24) 2/16/2011 Senate Debate interrupted (Senate Journal-page 23) 2/17/2011 Senate Debate interrupted (Senate Journal-page 12) 2/22/2011 Senate Debate interrupted (Senate Journal-page 23) 2/23/2011 Senate Committee Amendment Amended and Adopted (Senate Journal-page 36) 2/23/2011 Senate Read second time (Senate Journal-page 36) 2/23/2011 Senate Roll call Ayes-26 Nays-15 (Senate Journal-page 36) 2/24/2011 Scrivener's error corrected 2/24/2011 Senate Read third time and returned to House with amendments (Senate Journal-page 11) 2/24/2011 Senate Roll call Ayes-24 Nays-15 (Senate Journal-page 11) 2/24/2011 Scrivener's error corrected 2/25/2011 Scrivener's error corrected 3/2/2011 House Debate adjourned until Thursday, March 3, 2011 (House Journal-page 49) 3/3/2011 House Debate adjourned until Tuesday, March 8, 2011 (House Journal-page 28) 3/8/2011 House Debate adjourned until Wednesday, March 9, 2011 (House Journal-page 73) 3/9/2011 House Debate adjourned on amendments (House Journal-page 27) 3/10/2011 House Debate adjourned on amendments (House Journal-page 30) 3/29/2011 House Debate adjourned on Senate amendments until Wednesday, March 30, 2011 (House Journal-page 30) 3/30/2011 House Debate adjourned on Senate amendments until Thursday, March 31, 2011 (House Journal-page 33) 3/31/2011 House Debate adjourned on amendments (House Journal-page 35) 4/5/2011 House Debate adjourned on Senate amendments until Wednesday, April 6, 2011 (House Journal-page 22) 4/6/2011 House Senate amendment amended (House Journal-page 36) 4/6/2011 House Returned to Senate with amendments (House Journal-page 36) 4/13/2011 Senate Non-concurrence in House amendment (Senate Journal-page 35) 4/13/2011 Senate Roll call Ayes-28 Nays-15 (Senate Journal-page 35) 4/14/2011 House House insists upon amendment and conference committee appointed Reps. Clemmons, Lucas, and Merrill (House Journal-page 2) 4/14/2011 Senate Conference committee appointed McConnell, Campsen, and Scott (Senate Journal-page 21) 4/26/2011 House Conference report received and adopted (House Journal-page 38) 4/26/2011 House Roll call Yeas-71 Nays-36 (House Journal-page 38) 5/11/2011 Senate Conference report received and adopted (Senate Journal-page 35) 5/11/2011 Senate Roll call Ayes-26 Nays-16 (Senate Journal-page 35) 5/11/2011 Senate Ordered enrolled for ratification (Senate Journal-page 47) 2 of 9 3/22/ :47 AM

10 Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 4 of 10 5/17/2011 Ratified R 54 5/18/2011 Signed By Governor 5/24/2011 Effective date See Act for Effective Date 5/24/2011 Act No. 27 View the latest legislative information at the LPITS web site VERSIONS OF THIS BILL 12/7/2010 1/19/2011 1/26/2011 2/2/2011 2/3/2011 2/23/2011 2/24/2011 2/25/2011 4/6/2011 5/11/2011 (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) (A27, R54, H3003) AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO PROVIDE FACTORS TO CONSIDER IN DETERMINING A PERSON'S INTENTION REGARDING HIS DOMICILE FOR VOTING PURPOSES; TO AMEND SECTION , RELATING TO WRITTEN NOTIFICATION OF REGISTRATION, SO AS TO PROVIDE THAT IF AN ELECTOR LOSES OR DEFACES HIS REGISTRATION NOTIFICATION, HE MAY OBTAIN A DUPLICATE NOTIFICATION FROM HIS COUNTY BOARD OF REGISTRATION; TO AMEND SECTION , AS AMENDED, RELATING TO LEGAL QUALIFICATIONS OF APPLICANTS FOR REGISTRATION AND CHALLENGES OF QUALIFICATIONS, SO AS TO REVISE WHAT THE BOARD OF REGISTRATION MUST CONSIDER WHEN A CHALLENGE IS MADE REGARDING RESIDENCE OR DOMICILE OF AN ELECTOR; BY ADDING SECTION SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL IMPLEMENT A SYSTEM TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE ELECTOR, AND TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION TAKE EFFECT INCLUDING A REQUIREMENT THAT IMPLEMENTATION IS CONTINGENT ON FUNDING TO IMPLEMENT THIS REQUIREMENT; TO AMEND SECTION , AS AMENDED, RELATING TO PROOF OF THE RIGHT TO VOTE, SO AS TO REQUIRE CERTAIN PHOTOGRAPH IDENTIFICATION IN ORDER TO VOTE, TO PROVIDE THAT ONE OF THE POLL MANAGERS SHALL COMPARE THE PHOTOGRAPH CONTAINED ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND SHALL VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE, TO PERMIT PROVISIONAL BALLOTS IF THE PHOTOGRAPH IDENTIFICATION CANNOT BE PRODUCED OR IF THE POLL MANAGER DISPUTES THE PHOTOGRAPH, TO PROVIDE EXCEPTIONS FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED OR IF THE ELECTOR SUFFERS FROM A REASONABLE IMPAIRMENT THAT PREVENTS HIM FROM OBTAINING PHOTOGRAPH IDENTIFICATION, TO PERMIT THE CASTING OF A PROVISIONAL BALLOT IN THESE CASES UPON SPECIFIC REQUIREMENTS INCLUDING AN AFFIDAVIT, TO PROVIDE FOR THE MANNER IN WHICH THE COUNTY BOARD OF REGISTRATION AND ELECTIONS SHALL PROCESS THESE PROVISIONAL BALLOTS, AND TO PROVIDE THAT THE IDENTIFICATION REQUIRED 3 of 9 3/22/ :47 AM

11 4 of 9 3/22/ :47 AM Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 5 of 10 ABOVE IS FOR THE PURPOSE OF CONFIRMING THE IDENTITY OF THE ELECTOR AND TO PROVIDE FOR THE MANNER IN WHICH THE ELECTOR'S DOMICILE SHALL BE DETERMINED FOR PURPOSES OF VOTING; TO AMEND SECTION , AS AMENDED, RELATING TO SPECIAL IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES TO RESIDENTS OF THIS STATE TEN YEARS OF AGE OR OLDER, SO AS TO REDUCE THIS AGE TO FIVE YEARS OF AGE OR OLDER, TO PROVIDE THAT THESE CARDS MUST BE ISSUED FREE OF CHARGE TO PERSONS SEVENTEEN YEARS OF AGE AND OLDER AND FOR THE FEE TO BE CHARGED TO PERSONS BETWEEN THE AGES OF FIVE AND SIXTEEN, TO DELETE LANGUAGE OF THE SECTION RELATING TO RENEWAL FEES AND WAIVER OF FEES, AND TO REVISE PROVISIONS OF THE SECTION PERTAINING TO USE OF THE FEES COLLECTED; TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ESTABLISH AN AGGRESSIVE VOTER EDUCATION PROGRAM CONCERNING THE PROVISIONS OF THIS ACT TO EDUCATE THE PUBLIC IN CERTAIN PARTICULARS OF THIS ACT AND THE COMMISSION ALSO MAY IMPLEMENT ADDITIONAL EDUCATIONAL PROGRAMS IN ITS DISCRETION; TO PROVIDE THAT THE STATE ELECTION COMMISSION IS DIRECTED TO CREATE A LIST CONTAINING ALL REGISTERED VOTERS OF SOUTH CAROLINA WHO ARE OTHERWISE QUALIFIED TO VOTE BUT DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AS OF DECEMBER 1, 2011, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST PROVIDE THE LIST OF PERSONS WITH A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AT NO COST TO THE COMMISSION. Be it enacted by the General Assembly of the State of South Carolina: Factors to consider SECTION 1. Section of the 1976 Code, as added by Act 103 of 1999, is amended to read: "Section (A) A person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile. (B) For voting purposes, a person has changed his domicile if he (1) has abandoned his prior home and (2) has established a new home, has a present intention to make that place his home, and has no present intention to leave that place. (C) For voting purposes, a spouse may establish a separate domicile. (D) For voting purposes, factors to consider in determining a person's intention regarding his domicile include, but are not limited to: (1) a voter's address reported on income tax returns; (2) a voter's real estate interests, including the address for which the legal residence tax assessment ratio is claimed pursuant to Section (C); (3) a voter's physical mailing address; (4) a voter's address on driver's license or other identification issued by the Department of Motor Vehicles; (5) a voter's address on legal and financial documents; (6) a voter's address utilized for educational purposes, such as public school assignment and determination

12 5 of 9 3/22/ :47 AM Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 6 of 10 of tuition at institutions of higher education; (7) a voter's address on an automobile registration; (8) a voter's address utilized for membership in clubs and organizations; (9) the location of a voter's personal property; (10) residence of a voter's parents, spouse, and children; and (11) whether a voter temporarily relocated due to medical care for the voter or for a member of the voter's immediate family." Duplicate registration SECTION 2. Section of the 1976 Code, as added by Act 507 of 1988, is amended to read: "Section (A) Any person who applies for registration to vote and is found to be qualified by the county board of registration to whom application is made must be issued a written notification of registration. This notification must be on a form prescribed and provided by the State Election Commission. (B) If an elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail." Consideration of challenges SECTION 3. Section of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read: "Section (A) The boards of registration to be appointed under Section shall be the judges of the legal qualifications of all applicants for registration. The board is empowered to require proof of these qualifications as it considers necessary. Once a person is registered, challenges of the qualifications of any elector, except for challenges issued at the polls pursuant to Sections , , and must be made in writing to the board of registration in the county of registration. The board must, within ten days following the challenge and after first giving notice to the elector and the challenger, hold a hearing, accept evidence, and rule upon whether the elector meets or fails to meet the qualifications set forth in Section (B) When a challenge is made regarding the residence or domicile of an elector, the board must consider the provisions of Section (D). (C) Any person denied registration or restoration of his name on the registration books shall have the right of appeal from the decision of the board of registration denying him registration or such restoration to the court of common pleas of the county or any judge thereof and subsequently to the Supreme Court." System to be implemented SECTION 4. Article 7, Chapter 5, Title 7 of the 1976 Code is amended by adding: "Section The State Elections Commission shall implement a system in order to issue voter registration cards with a photograph of the elector. This voter registration card may be used for voting purposes only."

13 6 of 9 3/22/ :47 AM Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 7 of 10 Photograph identification required, provisional ballots SECTION 5. Section of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read: "Section (A) When a person presents himself to vote, he shall produce a valid and current: (1) South Carolina driver's license; or (2) other form of identification containing a photograph issued by the Department of Motor Vehicles; or (3) passport; or (4) military identification containing a photograph issued by the federal government; or (5) South Carolina voter registration card containing a photograph of the voter pursuant to Section (B) After presentation of the required identification described in subsection (A), the elector's name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. One of the managers also shall compare the photograph contained on the required identification with the person presenting himself to vote. The manager shall verify that the photograph is that of the person seeking to vote. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page, the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers. (C)(1) If the elector cannot produce the identification as required in subsection (A), he may cast a provisional ballot that is counted only if the elector brings a valid and current photograph identification to the county board of registration and elections before certification of the election by the county board of canvassers. (2) If the manager disputes that the photograph contained on the required identification is the person presenting himself to vote, the elector may cast a provisional ballot. A determination of that provisional ballot must be made in accordance with Section (D)(1)(a) If an elector does not produce a valid and current photograph identification due to a religious objection to being photographed, he may complete an affidavit under penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the elector may cast a provisional ballot. The affidavit must be submitted with the provisional ballot envelope and be filed with the county board of registration and elections before certification of the election by the county board of canvassers. (b) If an elector does not produce a valid and current photograph identification because the elector suffers from a reasonable impediment that prevents the elector from obtaining photograph identification, he may complete an affidavit under the penalty of perjury at the polling place and affirm that the elector: (i) is the same individual who personally appeared at the polling place; (ii) cast the provisional ballot on election day;

14 7 of 9 3/22/ :47 AM Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 8 of 10 and (iii) the elector suffers from a reasonable impediment that prevents him from obtaining photograph identification. The elector also shall list the impediment, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the elector may cast a provisional ballot. The affidavit must be submitted with the provisional ballot envelope and be filed with the county board of registration and elections before certification of the election by the county board of canvassers. (2) If the county board of registration and elections determines that the voter was challenged only for the inability to provide proof of identification and the required affidavit is submitted, the county board of registration and elections shall find that the provisional ballot is valid unless the board has grounds to believe the affidavit is false. (3) If the county board of registration and elections determines that the voter has been challenged for a cause other than the inability to provide proof of identification as required by subsection (A), the county board of registration and elections shall: (a) note on the envelope containing the provisional ballot that the voter complied with the proof of identification requirement; and (b) proceed to determine the validity of the remaining challenges before ruling on the validity of the provisional ballot. (E) The purpose of the identification required pursuant to subsection (A) is to confirm the person presenting himself to vote is the elector on the poll list. Any address listed on the identification is not determinative of an elector's domicile for the purpose of voting. An elector's domicile for the purpose of voting is determined pursuant to the provisions of Section " Special identification card provisions revised SECTION 6. Section of the 1976 Code, as last amended by Act 277 of 2010, is further amended to read: "Section (A) Upon application by a person five years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as: (1) the application is made on a form approved and furnished by the department; and (2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth. (B)(1) The fee for the issuance of the special identification card is five dollars for a person between the ages of five and sixteen years. (2) An identification card must be free to a person aged seventeen years or older. (C) The identification card expires five years from the date of issuance. (D) Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one. (E) The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund." Voter education program

15 Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 9 of 10 SECTION 7. The State Elections Commission must establish an aggressive voter education program concerning the provisions contained in this legislation. The State Elections Commission must educate the public as follows: (1) Post information concerning changes contained in this legislation in a conspicuous location at each county board of registration and elections, each satellite office, the State Elections Commission office, and their respective websites. (2) Train poll managers and poll workers at their mandatory training sessions to answer questions by electors concerning the changes in this legislation. (3) Require documentation describing the changes in this legislation to be disseminated by poll managers and poll workers at every election held following preclearance 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. (4) Coordinate with each county board of registration and elections so that at least two seminars are conducted in each county prior to December 15, (5) Coordinate with local and service organizations to provide for additional informational seminars at a local or statewide level. (6) Place an advertisement describing the changes in this legislation in South Carolina newspapers of general circulation by no later than December 15, (7) Coordinate with local media outlets to disseminate information concerning the changes in this legislation. (8) Notify each registered elector who does not have a South Carolina issued driver's license or identification card a notice of the provisions of this act by no later than December 1, This notice must include the requirements to vote absentee, early, or on election day and a description of voting by provisional ballot. It also must state the availability of a free South Carolina identification card pursuant to Section In addition to the items above, the State Elections Commission may implement additional educational programs in its discretion. Registered voter list SECTION 8. The State Election Commission is directed to create a list containing all registered voters of South Carolina who are otherwise qualified to vote but do not have a South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles as of December 1, The list must be made available to any registered voter upon request. The Department of Motor Vehicles must provide the list of persons with a South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles at no cost to the commission. The commission may charge a reasonable fee for the provision of the list in order to recover associated costs of producing the list. Findings SECTION 9. The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of election reform as stated in the title. The General 8 of 9 3/22/ :47 AM

16 Bill 3003: Voter ID South Carolina... Case 1:12-cv CKK-BMK-JDB Document 65-1 Filed 04/30/12 Page 10 of 10 Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act. Time effective SECTION 10. Except for SECTION 4, the provisions of this act are effective upon approval by the Governor. Approval and funding SECTION 11. SECTION 4 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. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Election Commission's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the State Election Commission from issuing voter registration cards by the methods allowed prior to the implementation of this SECTION. Ratified the 17th day of May, Approved the 18th day of May, This web page was last updated on August 19, 2011 at 10:42 AM 9 of 9 3/22/ :47 AM

17 Case 1:12-cv CKK-BMK-JDB Document 65-2 Filed 04/30/12 Page 1 of 4 EXHIBIT B

18 Case 1:12-cv CKK-BMK-JDB Document 65-2 Filed 04/30/12 Page 2 of 4 Procedure for Issuing Photo Voter Registration Cards April 26, 2012 Voter registration cards are produced when a person registers to vote. There are three types of voter registration cards issued in South Carolina: 1. Standard voter registration card without a photo 2. Voter registration card with photo 3. Temporary voter registration card with photo New Registrations A. By Mail 1. Voter submits voter registration by mail application. 2. If the application is approved, the county enters voter in statewide voter registration database. 3. Voter is mailed a standard voter registration card without a photo. The card provides the following information: a. Confirmation that the voter is registered to vote. b. Photo ID is required to vote at his polling place, voter must present one of the five qualified photo IDs. c. Voter may obtain an Identification Card from DMV or may obtain a Voter Registration Card with a photo from his county voter registration office, both free of charge. 4. If voter chooses to obtain a photo voter registration card, he must appear at the county voter registration and elections office. B. Through Motor Voter Agency (DMV, DHEC, DSS, DMH, etc) 1. Voter completes a voter registration application. 2. If the application is approved, the county enters voter in statewide voter registration database. 3. Voter is mailed a standard voter registration card without photo. This notification provides following information: a. Confirmation that the voter is registered to vote.

19 Case 1:12-cv CKK-BMK-JDB Document 65-2 Filed 04/30/12 Page 3 of 4 b. Photo ID is required to vote at his polling place, voter must present one of the five qualified photo IDs c. Voter may obtain an Identification Card from DMV or may obtain a Voter Registration Card with a photo from his county voter registration office, both free of charge 4. If voter chooses to obtain a photo voter registration card, he must appear at the county voter registration and elections office C. In Person In Voter Registration Office 1. Voter completes a voter registration application. 2. If the application is approved, the county enters voter in statewide voter registration database. 3. Office informs voter photo ID is required to vote at his polling place, voter must present one of the five qualified photo IDs. 4. If the voter already has a valid photo IDs, voter is issued a standard voter registration card without photo 5. If the voter does not have a photo ID, office staff takes a photograph of voter and saves it to the voter s record in the statewide voter registration database, prints the voter a temporary voter registration card with a photo and submits the photo voter registration card information to the State Election Commission (SEC) so that a permanent card can be produced. 6. Photo voter registration card is printed by the SEC and mailed directly to the voter. Already Registered to Vote - Issuing Initial Voter Registration Card with Photo A. Voter previously registered to vote 1. Office staff verifies that the HAVA ID requirement has been satisfied if the voter registered by mail. 2. Voter must verify identification to office staff by presenting a standard voter registration card without photo, by presenting a permissible HAVA ID, or by verbally confirming the last four digits of the voter s social security number and the voter s date of birth.

20 Case 1:12-cv CKK-BMK-JDB Document 65-2 Filed 04/30/12 Page 4 of 4 3. Office staff takes a photograph of voter and saves it to the voter s record in the statewide voter registration database, prints the voter a temporary voter registration card with a photo and submits the photo voter registration card information to the State Election Commission (SEC) so that a permanent card can be produced. 4. Photo voter registration card is printed by the SEC and mailed directly to the voter. Already Registered to Vote - Issuing a Duplicate Voter Registration Card (with or without photo) A. Voter may request a duplicate voter registration card (with or without photo) in person, by phone, by fax, or by If the voter is requesting a voter registration card with photo, a. Office staff submits the voter registration card for printing at the State Election Commission (SEC). b. Voter registration card is printed by the SEC and mailed directly to the voter. c. When necessary, such as on Election Day, office staff may print a voter registration card with photo and deliver it directly to a voter appearing in person. i. This card is printed on paper stock and is intended to be used temporarily until the voter receives the more durable card. However, the paper card has no expiration date and could be used indefinitely as a photo voter registration card for the purposes of voting at the polling place. Office staff submits the more durable voter registration card with photo for printing at the SEC. The voter receives the more durable card by mail. 2. If the voter is requesting a voter registration card without photo, office staff prints the card and provides it directly to the voter.

21 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 1 of 21 EXHIBIT C

22 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 2 of 21 Photo ID Voter Education Plan Introduction The following lays out a Voter Education Campaign to be conducted by the South Carolina Election Commission (SEC) to inform the state s registered voters and citizens of changes in voting procedures as a result of passage of Voter ID legislation by the South Carolina General Assembly and federal preclearance under the Voting Rights Act. Purpose The requirement for a voter to present photo identification at the polling place is a significant change to South Carolina s voting procedures. This plan is intended to reach the broadest audience possible to inform voters of the change while also targeting those most likely to be without photo identification. The vast majority of the state s registered voters already have one or more forms of photo identification, and many voters already use a South Carolina driver s license as identification at the polling place. However, it is estimated that approximately 200,000 registered voters do not currently have one of the forms of identification required by this legislation. For this reason, the S.C. General Assembly mandated that the SEC conduct a vigorous voter education effort to inform voters of the change. In addition, the legislature provided for the development and implementation of a system to issue voter registration cards with a photo. Timing For maximum effectiveness and efficiency, the campaign will begin the day preclearance is obtained and last through the General Election in November Voter education efforts would continue leading up to future elections as needed and as funding becomes available. Voter outreach efforts will take place in all counties in South Carolina. Voter Education Materials and Delivery Channels SCEC will use a variety of educational materials and delivery channels in this campaign, including: Print materials SCVotes.org Social media Print and electronic media Public relations Media relations Voter outreach

23 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 3 of 21 Day 1 Upon preclearance, the SEC will issue a press release to media outlets statewide and spokespersons will be available for interviews and to provide background to reporters. In addition, SEC will provide all county registration and elections offices with a press release template for their own use. The SCVotes website will be immediately updated with information on the new requirements, and all SEC social media channels will be used to spread news about the change. While voters who lack photo identification are not as likely to be internet and social media users, the viral nature of these media make them essential for reaching other influencers who regularly interact with our target audiences. Examples of these materials and communications channels are shown on the following pages. 2

24 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 4 of 21 Press Release

25 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 5 of 21 SCVotes Homepage 4

26 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 6 of 21 SCVotes Facebook Page

27 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 7 of 21 SCVotes Twitter Feed

28 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 8 of 21 Production of Print Materials Also on Day 1, production of print materials to be distributed throughout the state will begin. Electronic versions of these materials will be immediately posted to the SCVotes.org website and made available for use by any individual or organization. Voting In South Carolina Brochure This brochure is widely available across South Carolina and includes information on voter registration, the electronic voting system, absentee ballots and curbside voting. The new Voter ID requirements are prominently featured in the updated version of this brochure, including the process for obtaining photo identification and covers procedures for those who have a religious objection or reasonable impediment to being photographed for identification. In addition to the print version, an electronic version of this brochure will be available on the SCVotes website. Voter Identification Information Poster This poster is designed to immediately draw attention to the new photo identification requirement for voting in South Carolina. The colors and other graphical elements are specifically designed to be eyecatching and to demand attention. The poster measurements are 20 H X 14 W. The posters will be displayed in each county voter registration and elections office as well as all polling places. Voter Identification Information Card Like the poster, this 4 x 9 card is designed to demand attention. As with the brochure, the card outlines the process for obtaining photo identification and covers procedures for those who have a religious objection or reasonable impediment to being photographed for identification. In addition to the print version, an electronic version of this brochure will be available on the SCVotes website. Brochures, posters and cards will initially be provided to the following for local distribution: All county voter registration and elections offices S.C. Department of Motor Vehicles offices State and local councils on aging Senior centers S.C. colleges and universities S.C. high schools S.C. Commission for the Blind S.C. School for the Deaf and the Blind The Commission for Minority Affairs Brochures, posters and cards will also be distributed to other governmental offices, schools, churches, and community organizations upon request. Materials will also be available and distributed at public festivals and upcoming voter outreach events. Samples of the materials are shown on the following pages. 7

29 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 9 of 21 Sample Voting in South Carolina Brochure (Print)

30 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 10 of 21 Sample Voting in South Carolina Brochure (Electronic)

31 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 11 of 21 Sample Voter Identification Information Poster (20 x 14 )

32 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 12 of 21 Sample Voter Identification Information Card (Print)

33 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 13 of 21 Sample Voter Identification Information Card (Electronic)

34 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 14 of 21 Media Planning and Placement The use of paid media will be essential for reaching the most critical group of voters. The SEC will make every effort to partner with the state s radio and television stations to produce Public Service Announcements concerning the photo identification requirement. Utilizing the S.C. Press Association, print ads will be placed statewide in both dailies and weeklies as seen on the following pages. 13

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36 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 16 of 21 Sample Print Ad

37 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 17 of 21 Public Relations The SEC is prepared to undertake an aggressive public and media relations effort to make all S.C. voters aware of the change in voting procedures. We will actively seek opportunities to appear at venues such as: Civic club meetings Advocacy group meetings Religious organizations S.C. fairs and festivals Several advocacy groups have understandable concerns about the potential impact of the photo identification requirement on their constituencies. To address these concerns upon preclearance, the SEC will strengthen its existing relationships and establish new working partnerships with these groups and organizations. This effort is aimed at ensuring that impacted voters are fully aware of the new requirement and have access to information on how to obtain photo identification. Our primary public relations efforts will be centered on media relations and a voter outreach campaign known as SCVotes Tours as discussed below. Media Relations The media relations campaign will include: Sponsorships and PSAs We will seek sponsorship opportunities with major media outlets in each market, as well working toward production and placement of 30- and 60-second public service announcements. Radio SEC representatives will be booked for interviews on radio stations statewide. Efforts will be targeted to talk and urban formats and shows likely to reach seniors, minorities, and other groups more likely to be impacted by the photo identification requirement. Wherever possible, we will seek to make joint appearances with representatives of senior, minority and other advocacy groups to ensure wider messaging. Television As with radio, we will actively seek opportunities for SEC and local voter registration and elections officials to appear on television statewide. Again, we will be especially attentive to appearing on programs targeted to seniors, minorities, and other groups more likely to be impacted by the new requirement. Examples include WIS-TV s Awareness, S.C. Educational Television s The Big Picture and Connections, and WACH-TV 57 s To the Point with Cynthia Hardee, all of which regularly cover minority affairs. 16

38 Case 1:12-cv CKK-BMK-JDB Document 65-3 Filed 04/30/12 Page 18 of 21 Editorial Board Meetings SEC will seek to schedule meetings with the editorial boards and appropriate local reporters at all statewide daily newspapers. Voter Outreach: SCVotes Tour SEC has had great success with a multi-year voter education effort that began when the state instituted a uniform electronic voting system in The core component of this effort was the SC Votes Tour utilizing a highly visible bus that traveled to local fairs and festivals and other community gathering spots throughout the state. We will renew this tour to specifically focus on the new photo identification requirement. In addition, local election officials will be on hand to provide voters with on-the-spot access to new voter registration cards that include a photo. From the date of preclearance through November 2012 General Election, this tour will be targeted in those counties and municipalities with the highest percentage of voters without photo IDs and in counties and municipalities with the highest numbers of voters without photo IDs. In those counties where no festival or fair is held during this timeframe, we will create an event by having the SCVotes Tour Bus set up at a prominent local landmark. We will also use these events to anchor local media relations efforts. Conclusion In addition to the voter education campaign outlined here, the SEC will also conduct intensive training on the new requirement with county voter registration and elections office staff. In turn, we will provide these officials with materials, and where needed, assist in the training of local poll workers to make them fully aware of the procedures for instituting the photo identification requirement on Election Day. As elections are held throughout the state, SEC staff will be available to assist in any problems which may arise in regards to the new requirement, to provide support to local officials, and answer questions from all voters. All SEC efforts will be focused on ensuring every South Carolina voter is aware of the new requirements and procedures, as well as their options for obtaining proper identification. 17

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