South Carolina General Assembly121st Session, 2015-2016

H. 4080

STATUS INFORMATION

Joint ResolutionSponsors: Reps. W.J. McLeod and MitchellDocument Path: l:\council\bills\nbd\11109zw15.docx

Introduced in the House on April 28, 2015Introduced in the Senate on May 13, 2015Currently residing in the Senate Committee on Judiciary

Summary: Voting System Study Committee

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 4/28/2015 House Introduced and read first time (House Journal - page 143 )4/28/2015 House Referred to Committee on Judiciary (House Journal - page 143 )4/30/2015 House Recalled from Committee on Judiciary (House Journal - page 16 )5/6/2015 House Debate adjourned until Thur., 5-7-15 (House Journal - page 11 )5/7/2015 House Member(s) request name added as sponsor: Mitchell5/7/2015 House Read second time (House Journal - page 39 )5/7/2015 House Roll call Yeas-81 Nays-26 (House Journal - page 39 )

5/12/2015 House Read third time and sent to Senate (House Journal - page 10 )5/13/2015 Senate Introduced and read first time (Senate Journal - page 9 )5/13/2015 Senate Referred to Committee on Judiciary (Senate Journal - page 9 )

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/28/20154/30/2015

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RECALLEDApril 30, 2015

H. 4080Introduced by Rep. W.J. McLeod

S. Printed 4/30/15--H.Read the first time April 28, 2015.

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A JOINT RESOLUTION

TO CREATE A VOTING SYSTEM STUDY COMMITTEE, TO PROVIDE FOR THE MEMBERSHIP AND STAFFING OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE’S REPORT AND DISSOLUTION.

Whereas, in 2013 the Legislative Audit Council (LAC) published the results of its comprehensive review of South Carolina voting machines, which were believed to be partially responsible for the numerous difficulties South Carolina voters encountered during the 2012 General Election; and

Whereas, chief among its findings, the LAC concluded that the election audit process in South Carolina is severely hampered by the absence of a voter-verified paper audit trail; and

Whereas, fully electronic touchscreen voting systems are subject to the limitations and risks of computer technology, including voting machine vendors with weak security practices, the failure to conduct background checks on programmers and system developers, and the failure to establish clear chain-of-custody procedures for handling software; and

Whereas, without an independent, voter-verified paper audit trail, it is essentially impossible to discover almost any but the most egregious anomalies, whether accidental or intentional; and

Whereas, a voter-verified paper audit trail would enable a complete audit of close elections and questionable elections, and more fundamentally, would give voters confidence that their votes are actually being recorded and counted as they intended; and

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Whereas, in order to assure voter confidence, every voting system must incorporate or produce a paper ballot, which the voter can view before finally casting his or her vote. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) There is created a “Voting System Study Committee”. The study committee shall review information regarding the most current voting technology and make appropriate findings and recommendations, including, but not limited to:

(1) voter-verified paper audit trail voting systems;(2) the security of all voting systems evaluated;(3) the comparative acquisition, implementation, and

maintenance costs of all systems evaluated;(4) the current canvassing schedule as it relates to the ability

to conduct random audits of election results; and(4) amendments to Article 15 “Voting Machines”, Chapter

13, Title 7 of the 1976 Code.(B) The study committee must be composed of three members

of the House of Representatives, appointed by the Speaker of the House, three members of the Senate appointed by the Speaker Pro Tempore of the Senate, and one member appointed by the Governor. At least one member from both the House of Representatives and the Senate must be selected upon recommendation of the Minority Leader of the respective body.

(C) The Speaker of the House and the President Pro Tempore of the Senate shall provide staffing for the study committee.

(D) The study committee shall make a report of the committee’s recommendations to the General Assembly by January 31, 2016, at which time the study committee must be dissolved.

SECTION 2. This joint resolution takes effect upon approval by the Governor.

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