reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-630. Application for special write-in absentee ballot; qualifications; issuance.

(A) A qualified elector of this State who is eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the 42 U.S.C. Section 1973ff, et seq., or its successor, may apply not earlier than ninety days before an election for a special write-in absentee ballot. This ballot must be used for each general and special election and primaries for federal offices, statewide offices, and members of the General Assembly.
(B) The application for a special write-in absentee ballot may be made on the federal postcard application form, or its electronic equivalent or on a form prescribed by the State Election Commission.
(C) In order to qualify for a special write-in absentee ballot, the voter must state that he is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal postcard application or on a form prepared by the State Election Commission and supplied and returned with the special write-in absentee ballot.
(D) Upon receipt of this application, the county board of voter registration and elections shall issue the special write-in absentee ballot which must be prescribed and provided by the State Election Commission. The ballot shall list the offices for election in the general election. It may list the candidates for office if known at the time of election. This ballot shall permit the elector to vote by writing in a party preference for each federal, state, and local office, the names of specific candidates for each federal, state, and local office, or the name of the person whom the voter prefers for each office.
(E) A qualified elector may alternatively submit a federal write-in absentee ballot for any federal, state, or local office or state or local ballot measure.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-640. Application to register to vote.

(A) A covered voter may use a federal postcard application, the federal postcard application's electronic equivalent, or another method approved by the federal government or the State Election Commission to apply to register to vote.
(B) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received before the closure of the registration books for that election pursuant to Section 7-5-120, 7-5-150 or 7-5-155, as appropriate. If the declaration is received after that date, it must be treated as an application to register to vote for subsequent elections.
(C) The Executive Director of the State Election Commission shall ensure that the election commission's electronic transmission system is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-650. Absentee instant runoff ballots; instructions; regulations.

(A) For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the 42 U.S.C. Section 1973ff, et seq., or its successor, an absentee ballot with an absentee instant runoff ballot for each potential second primary must be sent to the elector at least forty-five days prior to the primary election.
(B) The absentee instant runoff ballots for second primaries must be prepared by the authority charged with conducting the election.
(C) The absentee instant runoff ballot for a second primary shall permit the elector to vote his order of preference for each candidate for each office by indicating a rank next to the candidate's name on the ballot. However, the elector shall not be required to indicate his preference for more than one candidate on the ballot if he so chooses.
(D) The special absentee ballot shall be designated as an "absentee instant runoff ballot" and be clearly distinguishable from the regular absentee ballot.
(E) Instructions explaining the absentee instant runoff voting process must be provided with the ballot to the qualified elector.
(F) The State Election Commission shall promulgate regulations necessary for the implementation of this section.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-660. Voting precinct assignment.

An overseas voter who is registering to vote, and who is eligible to vote in this State shall use, and must be assigned to, the voting precinct of the address of the voter's last place of residence in this State, or in the case of a voter described by Section 7-15-610(5)(e), the address of the voter's parent's or legal guardian's place of last residence in this State. If that address is no longer a recognized residential address, the overseas voter must be assigned an address within the voting precinct of the last place of residence for voting purposes.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-670. Declaration by covered voter.

(A) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official by seven o'clock p.m. on election day.
(B) To receive the benefits of this article, a covered voter must inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
(1) the use of a federal postcard application or federal write-in absentee ballot;
(2) the use of an overseas address on an approved voter registration application or ballot application; and
(3) the inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-680. Sending absentee ballot to covered voter.

An absentee ballot must be sent to a covered voter, upon the voter's request, at least forty-five days prior to any election. However, if a ballot application from a covered voter arrives within the forty-five day period, an absentee ballot must be sent to the covered voter no later than five o'clock p.m. on the next business day after the application arrives.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-690. Duty of State Election Commission; regulations.

(A) To ensure that all South Carolina residents eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the 42 U.S.C. Section 1973ff, et seq., or its successor, have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary including, but not limited to, electronic transmissions of Standard Form 76A, or its successor form, issued by the federal government as an application for voter registration and an application for absentee ballots and electronic transmissions of absentee ballots for all elections for federal, state, and local offices to voters in accordance with his preferred method of transmission.
(B) The State Election Commission shall promulgate regulations necessary for the implementation of this section.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-700. Delivery of valid military-overseas ballot; declaration of voter.

(A) A valid military-overseas ballot must be counted if it is delivered to the address that the State Election Commission or county board of voter registration and elections, as appropriate, has specified by the close of business on the business day before the county canvass.
(B) If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark as long as the ballot was received in accordance with subsection (A).
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-710. Ballot to include signed declaration by voter.

A military-overseas ballot must include, or be accompanied by, a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or this State.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-720. Electronic free-access system.

The Executive Director of the State Election Commission, in coordination with the county boards of voter registration and elections shall implement an electronic free-access system by which a covered voter may determine whether:
(1) the voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; or
(2) the voter's military-overseas ballot has been received and the current status of the ballot.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-730. Request for electronic-mail address; standing request for electronic delivery of ballot.

(A) The county board of voter registration and elections or the State Election Commission, as appropriate, shall request an electronic-mail address from each covered voter who registers to vote after the effective date of this article. An electronic-mail address provided by a covered voter may not be made available to the public or any individual or organization other than an employee or official with the county board of voter registration and elections or the State Election Commission, and is exempt from disclosure under the Freedom of Information Act of this State. The electronic-mail address may be used only for official communication with the covered voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the covered voter's mailing address and physical location. The request for an electronic-mail address must describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
(B) A covered voter who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December thirty-first of the year following the calendar year of the date of the application or another shorter period the voter specifies, including for any runoff elections that occur as a result of those elections. An election official or employee shall provide a military-overseas ballot to a covered voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-740. Preparation of election notices.

(A) At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Executive Director of the State Election Commission shall prepare appropriate election notices to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal, state, and local offices that as of that date the official expects to be on the ballot on the date of the election. The notice also must contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.
(B) A covered voter may request a copy of an election notice. The executive director shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
(C) As soon as ballot styles are certified, and not later than the date ballots are required to be transmitted to voters pursuant to Article 5, Chapter 15, the executive director shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
(D) A county board of voter registration and elections that maintains an online website shall make the election notice available by linking to the State Election Commission website.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-750. Effect of mistakes or omissions in document completion; notarization.

(A) If a covered voter's mistake or omission in the completion of a document pursuant to this article does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, does not invalidate a document submitted pursuant to this article. In a write-in ballot authorized by this article or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable pursuant to the laws of this State, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote.
(B) Notarization is not required for the execution of a document pursuant to this article. An authentication, other than the declaration specified in Section 7-15-710, or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document pursuant to this article. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-760. Equitable relief.

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this article on application by:
(1) a covered voter alleging a grievance under this article; or
(2) an election official in this State.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-10. Meeting and organization of county boards of canvassers.

The commissioners of election for Governor and Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman then shall proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers likewise shall meet at the same time at the county seat and in the same manner shall proceed to organize as the county board of canvassers for the election of the federal officers.
HISTORY: 1962 Code Section 23-451; 1952 Code Section 23-451; 1942 Code Section 2310; 1932 Code Section 2310; Civ. C. '22 Section 244; Civ. C. '12 Section 242; Civ. C. '02 Section 216; G. S. 220; R. S. 174; 1882 (17) 1119; 1968 (55) 2316; 2002 Act No. 261, Section 1, eff May 20, 2002; 2019 Act No. 1 (S.2), Section 87, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 87, in the first sentence, substituted "Governor and Lieutenant Governor" for "Governor, Lieutenant Governor", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-20. Canvass of votes.

The county board of canvassers, respectively, shall then proceed to canvass the votes of the county and make such statements of such votes as the nature of the election shall require no later than noon on the Saturday next following the election and at such time shall transmit to the State Board of Canvassers the results of their findings.
HISTORY: 1962 Code Section 23-452; 1952 Code Section 23-452; 1942 Code Section 2311; 1932 Code Section 2311; Civ. C. '22 Section 245; Civ. C. '12 Section 243; Civ. C. '02 Section 217; G. S. 121; R. S. 175; 1882 (17) 1119, 1170, 1172 Section 3; 1968 (55) 2316.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-30. Protests and contests.

The county boards shall decide all cases under protest or contest that arise in their respective counties in the case of county officers and less than county offices, except for primaries and municipal elections. Any protest or contest must be filed in writing with the chairman of the board, together with a copy for each candidate in the race, by noon Wednesday following the day of the declaration by the board of the result of the election. However, service upon the chairman may be perfected by depositing with the county sheriff one copy of the protest, together with a copy for each candidate in the race. The sheriff must take immediate steps to deliver the copies to the chairman. The protest must contain each ground concisely stated separately. The chairman of the board must serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest.
HISTORY: 1962 Code Section 23-453; 1952 Code Section 23-453; 1942 Code Section 2311; 1932 Code Section 2311; Civ. C. '22 Section 245; Civ. C. '12 Section 243; Civ. C. '02 Section 217; G. S. 121; R. S. 175; 1882 (17) 1119, 1170, 1172 Section 3; 1968 (55) 2316; 1974 (58) 2124; 1993 Act No. 91, Section 1, eff June 14, 1993; 1996 Act No. 434, Section 24, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-40. Poll lists shall accompany ballots in protests.

The poll list of each polling place in a general, special or primary election shall accompany the ballots, printouts or other form of voter tabulation in each proceeding in which the votes cast at such polling place are involved in a protest.
HISTORY: 1962 Code Section 23-453.01; 1973 (58) 1859.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-50. Hearings on protests or contests.

The board shall hear the protest or contest on Monday next following the deadline for filing the protest or contest. Testimony at the hearing of the protest shall be limited to the grounds stated in the written protest.
The protestant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest.
The chairman of the board shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest, the board shall determine all issues by majority vote and forthwith certify the results of the election.
The board shall remain in session until a conclusion has been reached. All candidates in the protested or contested race and the chairman of the State Board of Canvassers shall be immediately notified of the board's decision.
The county board must submit the written transcript of the record of the hearing on the protest to the State Board of Canvassers not later than noon Monday, following the protest hearing before the county board.
HISTORY: 1962 Code Section 23-453.1; 1968 (55) 2316; 1993 Act No. 91, Section 2, eff June 14, 1993.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-60. Right to and notice of appeal from decision of county board.

The decision of the county board may be appealed to the State Board of Canvassers by any candidate adversely affected thereby. Notices of such appeal and the grounds thereof shall be made not later than noon Monday next following such decision by serving such notices on the chairman of the State Board. Provided, that service may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the grounds of appeal. A sufficient number of copies to be served upon all candidates in the protested race shall also be delivered to the county sheriff. Such officers shall take all steps necessary to deliver the notices to the respective parties.
HISTORY: 1962 Code Section 23-453.2; 1968 (55) 2316.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-70. Hearing of appeals.

Unless otherwise provided in Section 7-3-10(c), the state board must meet in Columbia not later than noon on Monday fourteen days following the filing of any notice perfected under Section 7-17-60 for the purpose of hearing appeals. The appellant and each other candidate in the protested race have the right to be present at the hearing, to be represented by counsel, and to be heard on the merits of the appeal. The state board is bound by the facts as determined by the county board. However, if in the opinion of at least two members of the state board the facts should be reviewed, then a hearing de novo must be held by the state board. In the event of a review of the facts, the state board may receive any new evidence or exhibits as it in its discretion considers necessary to determine the appeal. The state board must remain in session until all appeals have been disposed of.
HISTORY: 1962 Code Section 23-453.3; 1968 (55) 2316; 1992 Act No. 276, Section 2, eff March 10, 1992; 1993 Act No. 91, Section 3, eff June 14, 1993; 1997 Act No. 16, Section 1, eff April 23, 1997.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-80. Statements and returns.

The boards of county canvassers shall make such statements of the votes of the precincts of each county as the nature of the election shall require, within ten days from their first meeting, and shall transmit to the Board of State Canvassers any protest and all papers relating to the election.
HISTORY: 1962 Code Section 23-454; 1952 Code Section 23-454; 1942 Code Section 2311; 1932 Code Section 2311; Civ. C. '22 Section 245; Civ. C. '12 Section 243; Civ. C. '02 Section 217; G. S. 121; R. S. 175; 1882 (17) 1119, 1170, 1172 Section 3; 1968 (55) 2787.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-90. Duplicate statements filed with clerk of county.

Except in the case of the election for electors for President and Vice-President, duplicate statements shall be made and filed in the office of the clerk of the county or, if there be no such clerk duly qualified according to law, in the office of the State Election Commission.
HISTORY: 1962 Code Section 23-455; 1952 Code Section 23-455; 1942 Code Section 2312; 1932 Code Section 2312; Civ. C. '22 Section 246; Civ. C. '12 Section 244; Civ. C. '02 Section 218; G. S. 122; R. S. 176; 1882 (17) 1119, 1170, 1172 Section 3; 1971 (57) 85.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-100. Separate statements of votes given for each candidate.

The board of county canvassers shall make separate statements of the whole number of votes given in the precincts of each county for representatives in Congress and separate statements of all other votes given for other officers. Such statements shall contain the names of the persons for whom such votes were given and the number of votes given for each, which shall be written out in words at full length.
HISTORY: 1962 Code Section 23-456; 1952 Code Section 23-456; 1942 Code Section 2313; 1932 Code Section 2313; Civ. C. '22 Section 247; Civ. C. '12 Section 245; Civ. C. '02 Section 219; G. S. 123; R. S. 177; 1882 (17) 1119, 1170, 1172 Section 3; 1968 (55) 2787.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-110. Election protest deadlines.

If the deadline for filing an election protest provided in this chapter falls on a legal holiday, then the deadline extends to the next regular business day that is not a legal holiday. For purposes of this section, "next regular business day" means a day that is not a Saturday, Sunday, or legal holiday.
HISTORY: 2023 Act No. 18 (S.92), Section 1, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-210. State Election Commission constitutes board.

The State Election Commission shall, ex officio, constitute the Board of State Canvassers.
HISTORY: 1962 Code Section 23-471; 1952 Code Section 23-471; 1942 Code Section 2318; 1932 Code Section 2318; Civ. C. '22 Section 252; Civ. C. '12 Section 250; Civ. C. '02 Section 224; G. S. 128; R. S. 182; 1882 (17) 1120 Section 41; 1968 (55) 2316.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-220. Meeting of board; telecommunication or electronic communication; public access.

Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall convene a meeting scheduled through the office of the Election Commission within ten days after any general election for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues. Nothing in this section prohibits the meeting from being conducted by using telephone conference or other means of telecommunication or electronic communication. Any meeting of the Board of Canvassers as provided in this section must be accessible and without cost to the public and must comply with the notice requirements of Chapter 4, Title 30, the Freedom of Information Act.
HISTORY: 1962 Code Section 23-473; 1952 Code Section 23-473; 1942 Code Section 2317; 1932 Code Section 2317; Civ. C. '22 Section 251; Civ. C. '12 Section 249; Civ. C. '02 Section 223; G. S. 127; R. S. 181; 1882 (17) 1120; 1968 (55) 2316; 1974 (58) 2188; 1992 Act No. 276, Section 3, eff March 10, 1992; 2010 Act No. 205, Section 1, eff June 8, 2010.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-230. Power to adjourn; procedure when all certified statements have not been received.

The Board shall have power to adjourn from day to day for a term not exceeding fifteen days. In case all the certified statements for the election of electors for President and Vice-President shall not have been received on the day set for the meeting of the Board, the Board may adjourn from day to day until the same shall have been received, not exceeding five days; and if at the expiration of four days certified copies of the statements of the county canvassers shall not have been received from any county, the Board shall proceed to canvass upon such of the statements as shall have been received.
HISTORY: 1962 Code Section 23-474; 1952 Code Section 23-474; 1942 Code Sections 2323, 2339; 1932 Code Sections 2323, 2339; Civ. C. '22 Sections 257, 272; Civ. C. '12 Sections 255, 269; Civ. C. '02 Sections 229, 242; G. S. 133, 146; R. S. 187, 200; 1882 (17) 1123.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-240. Board shall make certified statement of all votes cast.

The Board when thus formed shall, upon the certified copies of the statements made by the boards of county canvassers, proceed to make a statement of the whole number of votes given at such election for and against constitutional amendments and other questions and issues and for the various officers, including electors for President and Vice-President and for each of them voted for, distinguishing the several counties in which they were given. They shall certify such statements to be correct and subscribe the same with their proper names.
HISTORY: 1962 Code Section 23-475; 1952 Code Section 23-475; 1942 Code Section 2320; 1932 Code Section 2320; Civ. C. '22 Section 254; Civ. C. '12 Section 252; Civ. C. '02 Section 226; G. S. 130; R. S. 184; 1884 (17) 1120 Section 43; 1974 (58) 2187.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-250. Board shall declare persons elected and decide contested or protested cases; appeals.

Upon such statements the Board shall then proceed to determine and declare what persons have been duly elected to such offices. The Board shall act in an appellate judicial capacity in all cases contested or protested that come before it on appeals from county boards of canvassers.
Appeals from decisions of the State Board shall be taken directly to the Supreme Court on petition for a writ of certiorari only based on the record of the State Board hearing and shall be granted first priority of consideration by the Court. Notice of appeals shall be served within ten days of the Board's decision. Provided, however, that when a contest or protest concerns the election of a State Senator, appeals from decisions of the State Board shall be only to the Senate and when the election of a member of the House of Representatives is concerned, the appeal shall be only to the House of Representatives.
HISTORY: 1962 Code Section 23-476; 1952 Code Section 23-476; 1942 Code Section 2322; 1932 Code Section 2322; Civ. C. '22 Section 256; Civ. C. '12 Section 254; Civ. C. '02 Section 228; G. S. 132; R. S. 186; 1882 (17) 1120; 1968 (55) 2316; 1974 (58) 2182.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-260. Cases decided by state board; filing and service.

The state board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the state board pursuant to Chapter 17 of Title 7 shall be considered an "administrative action" pursuant to Section 15-36-10.
HISTORY: 1962 Code Section 23-476.1; 1968 (55) 2316; 1993 Act No. 91, Section 4, eff June 14, 1993; 2006 Act No. 284, Section 4, eff May 19, 2006.
Editor's Note
2006 Act No. 284, Section 5, provides as follows:
"This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice." [preclearance received September 5, 2006]
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-270. Hearing of protest or contest; procedure at hearing; notice of decision; appeals.

The board, acting in a judicial capacity, shall hear the protest or contest not earlier than the fifth nor later than the twenty-fifth day following receipt of the protest. Testimony at the hearing of the protest shall be limited to the grounds stated in the written protest.
The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to produce evidence relevant to the grounds of the protest. The chairman of the board shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this state. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest, the board shall determine all issues by majority vote and forthwith certify the results of the election.
The board shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the board's decisions.
Appeals from decisions of the state board shall be taken directly to the Supreme Court on petition for a writ of certiorari only based on the record of the state board hearing and shall be granted first priority of consideration by the Court.
HISTORY: 1962 Code Section 23-476.2; 1968 (55) 2316; 1974 (58) 2197; 1993 Act No. 91, Section 5, eff June 14, 1993.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-275. Petitioning Supreme Court for costs and attorney's fees associated with election protest.

(A) A party opposing an election protest that prevails at the hearing before the board may petition the circuit court for reasonable costs and attorney's fees associated with the defense of the protest if the protestant does not appeal the board's decision to the Supreme Court. The board may also petition the circuit court for reasonable costs and expenses associated with hearing the protest. For appeals filed pursuant to Section 7-17-70, the petition must be filed and heard in the county where the protest was originally filed. For protests filed pursuant to Section 7-17-260, involving officers elected on a statewide basis, the petition must be filed and heard in Richland County. For all other protests filed pursuant to Section 7-17-260, the petition may be filed in any county where voting precincts comprising the election district for the office under protest are located. In order to award costs and attorney's fees pursuant to this section, the court must find that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature.
(B) Upon appeal from a decision of the board, the Supreme Court may award costs and attorney's fees associated with the appeal to the party prevailing on appeal when the Supreme Court finds that there were no reasonable grounds to appeal the decision of the board. In cases where the prevailing party is the party opposing the protest, the Supreme Court may award costs and attorney's fees associated with the entire defense of the protest if it finds that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature.
HISTORY: 2006 Act No. 284, Section 1, eff May 19, 2006.
Editor's Note
2006 Act No. 284, Section 5, provides as follows:
"This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice." [Preclearance received September 5, 2006]
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-280. Mandatory recounts.

Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidate not declared so nominated or elected or whenever the difference between the number of votes received by a candidate who received the least number of votes to qualify for a runoff election and a candidate or candidates who did not so qualify shall be not more than one percent of the total votes which were cast for such office therein, the committee or board charged by law with canvassing such votes shall order a recount of such votes to be made forthwith unless such other candidate or candidates shall waive a recount in writing.
Whenever the difference between the number of votes cast in favor of and opposed to any constitutional amendment, question or other issue is not more than one percent of the total cast thereon, the Board of State Canvassers shall order a recount of such votes to be made forthwith.
HISTORY: 1962 Code Section 23-476.3; 1964 (53) 1744; 1974 (58) 2189; 1977 Act No. 21, eff March 23, 1977.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-290. Certificate of determination delivered to Secretary of State.

The Board shall make and subscribe, on the proper statement, a certificate of their determination and shall deliver the same to the Secretary of State.
HISTORY: 1962 Code Section 23-477; 1952 Code Section 23-477; 1942 Code Section 2321; 1932 Code Section 2321; Civ. C. '22 Section 255; Civ. C. '12 Section 253; Civ. C. '02 Section 227; G. S. 113; R. S. 185; 1882 (17) 1120 Section 44.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-300. Secretary of State shall record result of canvass.

The Secretary of State shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination which shall be delivered to him by the Board of State Canvassers and every dissent or protest that shall have been delivered to him by a canvasser.
HISTORY: 1962 Code Section 23-478; 1952 Code Section 23-478; 1942 Code Section 2325; 1932 Code Section 2325; Civ. C. '22 Section 259; Civ. C. '12 Section 257; Civ. C. '02 Section 231; G. S. 135; R. S. 189; 1882 (17) 1121 Section 48.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-310. Copies of determinations transmitted to persons elected and Governor.

The Secretary of State shall, without delay, transmit a copy, under the seal of his office, of such certified determination to each person thereby declared to be elected and a like copy to the Governor.
HISTORY: 1962 Code Section 23-479; 1952 Code Section 23-479; 1942 Code Sections 2326, 2341; 1932 Code Sections 2326, 2341; Civ. C. '22 Sections 260, 274; Civ. C. '12 Sections 257, 271; Civ. C. '02 Sections 231, 244; G. S. 135, 148; R. S. 189, 202; 1882 (17) 1121, 1123; 1968 (55) 2316.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-320. Statements printed in public newspapers.

The Secretary of State shall cause a copy of such certified statements and determinations to be printed in one or more public newspapers of this State.
HISTORY: 1962 Code Section 23-480; 1952 Code Section 23-480; 1942 Code Section 2327; 1932 Code Section 2327; Civ. C. '22 Section 261; Civ. C. '12 Section 259; Civ. C. '02 Section 233; G. S. 137; R. S. 191; 1882 (17) 1121 Section 50.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-330. Certain certificates of election sent to Congress.

The Secretary of State shall prepare a general certificate, under the seal of the State and attested by him as Secretary thereof, addressed to the House of Representatives of the United States in that Congress for which any person shall have been chosen, of the due election of such person as Representative of this State in Congress and shall transmit the same to such House of Representatives at their first meeting.
HISTORY: 1962 Code Section 23-481; 1952 Code Section 23-481; 1942 Code Section 2328; 1932 Code Section 2328; Civ. C. '22 Section 262; Civ. C. '12 Section 260; Civ. C. '02 Section 234; G. S. 138; R. S. 192; 1882 (17) 1121 Section 51.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-340. Record of elected county officers.

The Secretary of State shall enter in a book to be kept in his office the names of the respective county officers elected in this State, specifying the counties for which they were severally elected, their place of residence, the office for which they were respectively elected and their term of office.
HISTORY: 1962 Code Section 23-482; 1952 Code Section 23-482; 1942 Code Section 2329; 1932 Code Section 2329; Civ. C. '22 Section 263; Civ. C. '12 Section 261; Civ. C. '02 Section 235; G. S. 139; R. S. 193; 1882 (17) 1121 Section 52.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-510. Convening of county board of voter registration and elections as county boards of canvassers; canvass and certification of primary results; canvass and declaration of results by Board of State Canvassers; telecommunication or electronic communication; public access.

The board of voter registration and elections for the counties shall convene a meeting on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall convene a meeting scheduled through the office of the State Election Commission and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o'clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county. Nothing in this section prohibits any meeting required by this section from being conducted by using telephone conference or other means of telecommunication or electronic communication. Any meeting provided for in this section must be accessible and without cost to the public and must comply with the notice requirements of Chapter 4, Title 30, the Freedom of Information Act.
HISTORY: 1962 Code Section 23-491; 1952 Code Section 23-491; 1950 (46) 2059; 1992 Act No. 253, Section 11, eff February 19, 1992; 2010 Act No. 205, Section 2, eff June 8, 2010.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 17 - Canvass Of Votes; Certificates And Records Of Results › Section 7-17-520. Protests and contests generally; filing and service.

The protests and contests in the case of county officers and less than county officers shall be filed in writing with the chairman of the county party executive committee, together with a copy for each candidate in the race not later than noon Monday following the day of the declaration by the county committee of the result of the election. Service may be perfected by depositing with the county sheriff a copy of the protest for the chairman together with a sufficient number of copies to be served upon all candidates in the protested or contested race. The sheriff must take immediate steps to deliver these copies to the chairman. The protest must contain each ground for the protest stated separately and concisely. The chairman must forthwith serve upon each candidate in the protested race a copy of the protest, and serve a notice of the time and place of the meeting of the executive committee for the purpose of hearing the protest.
HISTORY: 1962 Code Section 23-492; 1952 Code Section 23-492; 1950 (46) 2059; 1968 (55) 2316; 1997 Act No. 63, Section 1, eff June 10, 1997.