reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1780. Placement of voting machines in polling places.

At all elections at which voting machines are used the exterior of the voting machine and every part of the polling place shall be in plain view of the managers and clerks, if there be clerks of election. The voting machine shall be placed at least three feet from every wall or partition of the polling place and at least five feet from any table at which any of the election managers or clerks, if there be clerks, may be engaged or seated. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the managers of the election when not in use by voters. The managers of election shall not themselves be, or permit any other person to be, in any position or near any position that will permit them to see or ascertain how a voter votes or how he has voted.
HISTORY: 1962 Code Section 23-418; 1952 Code Section 23-418; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1790. Lights and screens.

Every voting machine shall be furnished with a lantern or other proper light, if necessary, to enable the voters while voting to read the ballots. All voting machines used in any election shall be provided with screen, hood or booth which shall conceal the voter and his action while voting.
HISTORY: 1962 Code Section 23-419; 1952 Code Section 23-419; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1800. Inspection of machines; covering of counter compartment kept locked; attendance at voting places.

One of the managers of election may inspect the face of the machine after each voter has cast his vote, to see that the ballots on the face of the machine are in their proper places and that the machine has not been injured. During an election the door or other covering of the counter compartment of the machine shall not be unlocked or open or the counters exposed except for good and sufficient reasons, a statement of which shall be made and signed by the managers of election and attached to the returns of election. No person shall be permitted in or about the voting place except as otherwise provided by law in elections in which paper ballots and ballot boxes are used.
HISTORY: 1962 Code Section 23-420; 1952 Code Section 23-420; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1810. Instructions of voters by model machine at polling place.

For the instruction of voters on any election day, there shall be provided for each polling place either an illustration or a mechanically operated model of a portion of the face of the machine. The illustration or model shall be located on the table of one of the managers or in some other place accessible to the voters. Each voter so desiring shall, before entering the machine, be instructed regarding its operation on either the illustration or the model and the voter given an opportunity personally to operate the model. The voter's attention may also be called to the diagram of the face of the machine so that the voter may become familiar with the location of the questions and names of the offices and candidates.
HISTORY: 1962 Code Section 23-421; 1952 Code Section 23-421; 1950 (46) 2059; 1996 Act No. 316, Section 2, eff May 20, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1820. Persons within guard rail; time permitted voters to vote.

After the opening of the polls, the managers of election shall not permit any voter or other person to pass within the guard rail until they ascertain that he or she is entitled to vote, in the manner required by Section 7-13-710, as the case may be, and only one voter at a time for each voting machine at the voting place shall be permitted to pass within or be within the guard rail to vote. No voter shall remain within the voting machine booth longer than three minutes, and if he shall refuse to leave it after the lapse of three minutes, he may be removed by the managers.
HISTORY: 1962 Code Section 23-422; 1952 Code Section 23-422; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1830. Instruction after voter has entered machine.

In case any voter, after entering the voting machine, shall ask for further instructions concerning the manner of voting, two of the managers shall give such instructions to him, but no manager or other election officer shall in any manner request or seek to persuade or induce any such voter to vote any particular ticket or for or against any particular candidate or for or against any particular amendment, question or proposition. After giving such instructions the managers shall, before the voter has voted, retire and such voter shall cast his ballot in secret.
HISTORY: 1962 Code Section 23-423; 1952 Code Section 23-423; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1840. Assistance may be given to voters.

The provisions of this Title relating to the assistance to be given to voters shall also apply where voting machines are used.
HISTORY: 1962 Code Section 23-424; 1952 Code Section 23-424; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1850. Write-in ballots.

Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office are herein referred to as "write-in ballots." All write-in ballots voted shall be deposited, written or affixed in a single receptacle or device, and the elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. A write-in ballot must be cast in its appropriate place on the machine or it shall be void and not counted.
HISTORY: 1962 Code Section 23-425; 1952 Code Section 23-425; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1860. Duty to protect machines against injury.

After the voting machines have been delivered to the polling places, it shall be the duty of the board of voter registration and elections or other electoral board to provide ample protection against molestation or injury to the machines.
HISTORY: 1962 Code Section 23-426; 1952 Code Section 23-426; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1870. Procedure when voting machine becomes inoperative.

In case any voting machine used in any election district shall, during the time the polls are open, become injured so as to render it inoperative in whole or in part, the managers shall give immediate notice thereof to the board of voter registration and elections or other electoral board, and such board of voter registration and elections or other electoral board shall, if possible, substitute a machine in good order for the injured machine, and at the close of the polls the record of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining the results of the election. If no other machine is available for use at such election and the injured one cannot be repaired in time to continue use thereof at such election, unofficial ballots made as nearly as possible in the form of the official ballots may be used, received by the managers of election, placed in a receptacle in such case to be provided by the election officials and counted with the votes registered on the voting machine, and the result shall be declared as though there had been no accident to the voting machine. The ballots thus voted shall be preserved and returned with the statement of canvass with a certificate setting forth how and why they were voted.
HISTORY: 1962 Code Section 23-427; 1952 Code Section 23-427; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1880. Canvass and return of vote; return of provisional and failsafe ballots.

As soon as the polls of election are closed, the managers shall immediately lock or seal the voting machine against further voting and open the counter compartment in the presence of all persons who may be lawfully present at the time giving full view to the results, and they shall canvass and announce the results, including the votes recorded for each office on the independent ballots. They shall also announce the vote upon every amendment, proposition, or question voted upon, as provided by Section 7-13-110. The vote as registered shall be duly certified and sworn to and returned and filed as provided in this title for returning and filing election returns. No tally sheets or return blanks, as required by law for use in voting precincts in which paper ballots are used, need be furnished or used when voting machines are used, and no ballots need to be returned with the machine results except the provisional and failsafe ballots.
HISTORY: 1962 Code Section 23-428; 1952 Code Section 23-428; 1950 (46) 2059; 2000 Act No. 392, Section 8, eff August 1, 2000.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1890. Machines shall remain locked after election; certification of managers or election; verification of results of election.

A sealed envelope having endorsed thereon a certificate of the managers of election stating the number of the machine, the voting precinct, the numbers on the seals, and the number on the protective counter and containing all used seals for this election shall be returned and delivered by one of the managers of the election to the board of voter registration and elections or other electoral board from whom the envelope was received. After being locked or sealed by the managers of election, the voting machines shall remain locked or sealed for as long as may be necessary or advisable because of any contest of the result of the election, except as may be necessary to prepare the machines for another election and except that they may be opened and all data examined by the authority responsible for conducting the election in order to ascertain or verify the machine results of the election; however, this examination may be conducted only if all candidates in an affected race, or their representatives, are notified and given an opportunity to be present, or upon the order of a court of competent jurisdiction.
HISTORY: 1962 Code Section 23-429; 1952 Code Section 23-429; 1950 (46) 2059; 2000 Act No. 392, Section 9, eff August 1, 2000.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1900. Use of voting machines for primary elections.

If in any county, city or town voting machines shall have been provided under the provisions of this article for use at general and special elections, such machines shall be used at primary elections in such county, city or town. When so used all provisions of this article applying to their use at general or special elections shall apply, so far as applicable, to the use of such voting machines at such primary elections.
HISTORY: 1962 Code Section 23-430; 1952 Code Section 23-430; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1910. Possession of voting machine key by unauthorized person.

Any unauthorized person found in possession of any voting machine key shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five nor more than five hundred dollars and imprisoned in jail not less than ten nor more than ninety days, or both so fined and imprisoned, in the discretion of the court.
HISTORY: 1962 Code Section 23-432; 1952 Code Section 23-432; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1920. Tampering with voting machine.

Any person who wilfully tampers with or attempts to tamper with, disarrange, deface or impair, in any manner whatsoever, or destroy any such voting machine while it is in use at any election or who shall, after such machine is locked in order to preserve the registration or record of any election made by it, tamper with or attempt to tamper with such machine or who instigates, aids or abets any other person in any case herein mentioned, with intent to destroy or change the record of votes on a voting machine, shall be guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned for not less than three months nor more than three years.
HISTORY: 1962 Code Section 23-433; 1952 Code Section 23-433; 1950 (46) 2059; 1960 (51) 1602.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-1930. Other provisions of this Title applicable to use of voting machines.

All of the provisions of this Title not inconsistent with the provisions of this article shall apply with full force and effect to elections in counties, cities and towns adopting and using voting machines.
HISTORY: 1962 Code Section 23-431; 1952 Code Section 23-431; 1950 (46) 2059.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-2110. Authorization of simplified or more detailed explanation of proposed constitutional amendments.

In addition to all other requirements of law and the Constitution of this State, when any proposed amendment to the Constitution is submitted to the electorate for approval or disapproval in the general election and the proposed amendment is of such nature that it might not be clearly understood by the voters, a simplified or, when appropriate, more detailed explanation of the meaning and effect of such amendment shall be placed upon the ballot along with the proposed amendment question. When mechanical devices for voting are used, printed copies of such explanation shall be made available at each voting precinct. The provisions of this section shall apply only to statewide amendments.
HISTORY: 1975 (59) 246.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-2120. Constitutional Ballot Commission.

To establish an agency to determine whether or not a proposed constitutional amendment requires a simplified or more detailed explanation as provided for in Section 7-13-2110, there is hereby created the Constitutional Ballot Commission composed of the Attorney General, the Director of the State Election Commission and the Director of the Legislative Council. Prior to the printing of ballots in each general election year in which proposed constitutional amendments are voted upon, the Commission shall meet at the call of the Attorney General and:
(1) Consider each proposed amendment and make a determination as to whether or not a simplified or more detailed explanation is necessary or appropriate; and
(2) In those cases where it is determined that an explanation is deemed necessary or appropriate, phrase such explanation and submit it to the State Election Commission under the signatures of at least a majority of the ballot commissioners. The Election Commission shall arrange for the placement of amendment explanations on ballots and make them available to the news media, upon request, at least ten days prior to the general election.
HISTORY: 1975 (59) 246.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-2210. General or special election.

If any general election or special election, other than a nonpartisan municipal election, results in a tie vote and no candidate withdraws, the election officials who conducted the tie election shall conduct a runoff election to break the tie two weeks following the tie election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff falls on a legal holiday, it must be held on the same day of the first week following which is not a legal holiday.
HISTORY: 1988 Act No. 364, Section 2, eff March 14, 1988.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 13 - Conduct Of Elections › Section 7-13-2220. Primary election.

If any primary election, other than a nonpartisan municipal primary election, results in a tie vote and no candidate withdraws, the party officials shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking election, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff election falls on a legal holiday, it must be held on the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining primary elections required are postponed for two weeks. If the date for a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday.
HISTORY: 1988 Act No. 364, Section 2, eff March 14, 1988.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-10. Duties of State Election Commission.

The State Election Commission is responsible for carrying out the provisions of this chapter. The commission may promulgate regulations, and must have drafted, printed, and distributed all forms that are required to make it possible for persons eligible to vote by absentee ballot in primary, general, and special elections. Regulations promulgated pursuant to this section must be promulgated in accordance with the Administrative Procedures Act.
HISTORY: 1962 Code Section 23-450.3; 1975 (59) 263; 1962 Code Section 23-449.13; 1976 Act No. 479 Section 2; 1982 Act No. 280, Section 1, eff February 24, 1982; 1996 Act No. 434, Section 15, eff June 4, 1996; 2015 Act No. 79 (H.3154), Section 2, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-20. Construction.

Article 3, Article 5, and Article 9 of this chapter shall be liberally construed in order to effectuate their purposes.
HISTORY: 1962 Code Section 23-450.4; 1975 (59) 263; 1962 Code Section 23-449.14; 1976 Act No. 479 Section 2; 1982 Act No. 280, Section 1, eff February 24, 1982; 2015 Act No. 79 (H.3154), Section 3, eff June 11, 2015.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-110. Persons qualified to register to vote by absentee ballot.

The following persons are qualified to register to vote using the Standard Form 76, or any subsequent form replacing it, provided by the federal government:
(1) members of the Armed Forces of the United States;
(2) members of the Merchant Marine of the United States;
(3) a person serving with the American Red Cross or the United Service Organizations (USO) attached to and serving with the Armed Forces of the United States outside of the county of his residence in South Carolina;
(4) members or employees of any department of the United States Government serving overseas;
(5) a citizen of the United States residing outside the United States:
(a) if he last resided in South Carolina immediately before his departure from the United States;
(b) if he could have met all qualifications to vote in federal elections in South Carolina even though while residing outside the United States he does not have a place of abode or other address in South Carolina; even if his intent to return to South Carolina may be uncertain, as long as he has complied with all applicable South Carolina qualifications and requirements which are consistent with the Uniformed And Overseas Absentee Voting Act (Public Law 99-410).
HISTORY: 1962 Code Section 23-445; 1975 (59) 263; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Sections 1, 2, eff January 27, 1984; 1988 Act No. 422, Section 5, eff March 28, 1988; 1996 Act No. 434, Section 16, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-120. Registration forms.

Persons listed in Section 7-15-110, their spouses, and dependents residing with them, may register by using either federal Standard Form 76, or any subsequent form replacing it issued by the federal government. In order to be registered, either form must reach the county board of voter registration and elections not later than thirty days before the election.
HISTORY: 1962 Code Section 23-446; 1975 (59) 263; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 3, eff January 27, 1984; 1986 Act No. 407, Sections 2, 3, eff May 12, 1986; 1994 Act No. 365, Section 2, eff May 3, 1994; 1996 Act No. 434, Section 17, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-175. Article shall not be construed as allowing registration after books have been closed.

Except as provided in Section 7-5-150, nothing in this article shall be construed as allowing registration under the provisions of this article after the registration books have been closed as required by Section 7-5-150 and 7-5-220.
HISTORY: 1962 Code Section 23-450.1; 1975 (59) 263; 1962 Code Section 23-449.3; 1976 Act No. 479 Section 2; 1982 Act No. 280, Section 1, eff February 24, 1982; 1996 Act No. 222, Section 2, eff February 12, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-200. Furnishing of election materials to persons requesting absentee ballots.

Upon receipt of the list of names the county committee, the board of voter registration and elections or other persons responsible for the conduct of the election shall, as soon as the ballots to be used in the election are delivered to them, mail at his absentee address, in one envelope, the following items to each person qualified to receive an absentee ballot and who has requested an absentee ballot:
(1) One of each ballot to be used in the election;
(2) A copy of the oath set forth in Section 7-15-220;
(3) Printed instructions as to the marking, folding and return of each ballot and as to the signing and return of the oath;
(4) A return-addressed envelope for the return of the ballots and the oath to the board of voter registration and elections;
(5) Any additional oath, instructions or information necessary to enable such absentee ballot applicant to execute and return a ballot legally acceptable by the officials charged with conducting such election.
HISTORY: 1962 Code Section 23-449.6; 1976 Act No. 479 Section 2.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-210. Specifications for return-addressed envelopes.

The return-addressed envelope required by item (4) of Section 7-15-200 to be sent to each absentee ballot applicant shall have printed on its face in the upper left hand corner the words "Absentee ballots for __________ County, __________ (county seat), South Carolina." All blanks on the face of the envelope shall be filled in by the board of voter registration and elections prior to the mailing of the ballot to the absentee ballot applicant. On the back shall appear blanks which the voter shall fill in with his name and address. The envelope shall be of such thickness as to make it impossible to read any of its contents without opening the envelope. When the ballot is for use in a primary election the return-addressed envelope referred to herein and in Section 7-15-200 shall be changed appropriately to insure its return to the proper county committee.
HISTORY: 1962 Code Section 23-449.7; 1976 Act No. 479 Section 2.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-220. Signing and witnessing of oath of absentee ballot applicant; exception.

(A) The oath, a copy of which is required by Section 7-15-200(2) to be sent each absentee ballot applicant and which is required by Section 7-15-230 to be returned with the absentee ballot applicant's ballot, shall be signed by the absentee ballot applicant and witnessed by a person who is at least eighteen years of age. The oath shall be in the following form:
"I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct."
________________________________________ Signature of Voter Dated on this __________________ day of _________________________ 20 ______ Signature of Witness Printed Name of Witness ________________________________________ Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A).
HISTORY: 1962 Code Section 23-449.8; 1976 Act No. 479 Section 2; 2011 Act No. 43, Section 6, eff upon contingency, see editor's note, (approved June 7, 2011); 2022 Act No. 150 (S.108), Section 3, eff July 1, 2022.
Editor's Note
2011 Act No. 43, Sections 1 and 10, provide as follows:
"SECTION 1. This act may be cited as the 'South Carolina Uniformed and Overseas Citizens Absentee Voters Act'."
"SECTION 10. This act 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." [Preclearance approval received August 22, 2011.]
2022 Act No. 150, Section 45.C, provides as follows:
"[SECTION 45.]C. SECTIONS 3 and 6 shall take effect on July 1, 2022."
Effect of Amendment
2022 Act No. 150, Section 3, in (A), in the first sentence, inserted "by a person who is at least eighteen years of age" following "and witnessed", and, in the oath form, inserted the line for "Printed Name of Witness".
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-230. Marking and return of ballot; ballot shall not be counted unless oath signed and ballot returned prior to closing of polls.

Upon receipt of the ballot or ballots the absentee ballot applicant shall mark each ballot on which he wishes to vote, fold it so that its contents cannot be distinguished without unfolding it and mail it in compliance with the instructions received by him with the ballot. Enclosed with the ballot or ballots shall be the oath set forth in Section 7-15-220. No ballot shall be counted unless the oath is properly signed and enclosed therewith nor shall any ballot be counted which is received by the board of voter registration and elections or other officials charged with the conduct of the election after time for closing of the polls, and the printed instructions required by item (3) of Section 7-15-200 to be sent each absentee ballot applicant shall notify him that his vote will not be counted in either of these events.
HISTORY: 1962 Code Section 23-449.9; 1976 Act No. 479 Section 2.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-260. Responsibilities of political parties conducting municipal primary; expenses.

Any political party conducting a municipal primary in this State is responsible for carrying out the provisions of this article by making ballots and election material available so that the persons named in Section 7-15-320 may be enabled to vote in these primary elections subject to the rules and regulations of the political party. All expenses incurred by any political party in conducting elections subject to the provisions of this article must be borne by the political party.
HISTORY: 1962 Code Section 23-449.12; 1976 Act No. 479 Section 2; 1996 Act No. 434, Section 18, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-310. Definitions.

As used in this article:
(1) "Members of the Armed Forces of the United States" means members of the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, the United States Coast Guard, or any of their respective components.
(2) "Members of the Merchant Marine of the United States" means all officers and men engaged in maritime service on board ships.
(3) "Students" means all persons residing outside of the counties of their respective residences, enrolled in an institution of learning.
(4) "Physically disabled person" means a person who, because of injury or illness, cannot be present in person at his voting place on election day.
(5) "Registration form" means Standard Form 76, or a subsequent form replacing it, authorized by the federal government or the state form described in Section 7-15-120.
(6) "Persons in employment" means those persons who by virtue of their employment obligations are unable to vote in person.
(7) "Authorized representative" means a registered elector who, with the voter's permission, acts on behalf of a voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, nursing home, or place of residence, or a voter unable because of a physical handicap to go to his polling place or because of a handicap is unable to vote at his polling place due to existing architectural barriers that deny him physical access to the polling place, voting booth, or voting apparatus or machinery. Under no circumstance shall a candidate, a member of a candidate's paid campaign staff, or a campaign volunteer be considered an "authorized representative" of an elector desiring to vote by absentee ballot.
(8) "Immediate family" means a person's spouse, parents, children, brothers, sisters, grandparents, grandchildren, and mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.
(9) "Overseas citizen" means a citizen of the United States residing outside of the United States as specified by Section 7-15-110.
HISTORY: 1962 Code Section 23-441; 1953 (48) 423; 1966 (54) 2376; 1973 (58) 73; 1975 (59) 815; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No; 266, Sections 5, 6, eff January 27, 1984; 2000 Act No. 392, Section 10, eff August 1, 2000; 2015 Act No. 79 (H.3154), Section 4, eff June 11, 2015; 2022 Act No. 150 (S.108), Section 36, eff May 13, 2022.
Effect of Amendment
2022 Act No. 150, Section 36, in (7), in the second sentence, substituted ", a member of a candidate's paid campaign staff, or a campaign volunteer" for "or a member of a candidate's paid campaign staff or volunteers reimbursed for the time they expend on campaign activity".
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-340. Form of application for absentee ballot.

The application required in Section 7-15-330 to be submitted to these election officials must be in a form prescribed and distributed by the State Election Commission; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.
The application must contain the following information: name, registration certificate number, address, absentee address, election of ballot request, election date, runoff preference, party preference, reason for request, oath of voter, and voter's signature.
The oath must be as follows: "I do swear or affirm that I am a qualified elector, that I am entitled to vote in this election, and that I will not vote again during this election. The information above is true in all respects, and I hereby apply for an absentee ballot for the reason indicated above." Any person who fraudulently applies for an absentee ballot in violation of this section, upon conviction, must be punished in accordance with Section 7-25-20.
HISTORY: 1962 Code Section 23-444; 1953 (48) 423; 1971 (57) 85; 1975 (59) 815; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 9, eff January 27, 1984; 1984 Act No. 402, Section 2, eff May 24, 1984; 1989 Act No. 48, Section 1, eff April 6, 1989; 1990 Act No. 356, Section 1, eff March 19, 1990; 1992 Act No. 489, Section 2, eff July 1, 1992; 1994 Act No. 365, Section 4, eff May 3, 1994; 1995 Act No. 80, Section 2, eff June 12, 1995; 1996 Act No; 434, Section 20, eff June 4, 1996; 2004 Act No. 236, Section 1, eff May 24, 2004.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-360. Furnishing ballots and envelopes.

The board of registration of each county must be furnished by the commissioners of election of the county or the county committee for each political party holding a primary, a sufficient number of ballots and envelopes not to exceed fifteen percent of the number of registered voters in that county to enable the board of registration to deliver these materials to qualified electors who desire to vote by absentee ballot. If an absentee ballot is not available at the time the voter requests it, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure.
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982; 1996 Act No. 434, Section 21, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-365. Ballots and instructions furnished by county board of voter registration and elections.

The board of voter registration and elections of each county must be furnished by the municipal election commission of each municipality holding an election or the executive committee of a municipal party holding a primary, a sufficient number of ballots, envelopes, and instructions to the absentee voter not to exceed fifteen percent of the number of registered voters in the municipality and sufficient postage to enable the board of voter registration and elections to deliver materials to qualified electors desiring to vote by absentee ballot. The envelope required by item (4) of Section 7-15-370 must bear the return address of the county board of voter registration and elections. If an absentee ballot is not available at the time the voter requests it, the board of voter registration and elections must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure.
HISTORY: 1984 Act No. 266, Section 10, eff January 27, 1984; 1996 Act No. 434, Section 22, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-370. Furnishing ballots and envelopes; duties of county board of voter registration and elections.

Upon receipt of the ballots and envelopes, the county board of voter registration and elections must, as soon as possible, furnish the following items to each person qualified to receive an absentee ballot and who has validly completed a written application for an absentee ballot:
(1) one of each ballot to be used in the election;
(2) printed instructions as to the marking, folding, and return of each ballot and as to the signing (and return) of the oath;
(3) an envelope marked 'Ballot Herein' in which all completed ballots are to be placed;
(4) a return-addressed envelope imprinted on the back with the oath set forth in Section 7-15-385 to be used for the return of the unmarked envelope (and enclosed ballots) to the board of voter registration and elections;
(5) any additional oath, instructions, or information necessary to enable the absentee ballot applicant to execute and return a ballot legally acceptable by the officials charged with conducting the election.
The board of voter registration and elections must record in the record book required by Section 7-15-330 to be kept by the board the date these materials are requested by written application and the date they are issued to the qualified elector. Election materials which are mailed must be sent to the voter's absentee mailing address.
If absentee ballots are not available at the time the voter requests one, the board of voter registration and elections must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote straight party ticket; and (3) support or opposition of any ballot measure.
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982; 1990 Act No. 357, Section 5, eff March 19, 1990; 1996 Act No. 434, Section 23, eff June 4, 1996.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-375. Return envelope for absentee ballot.

The return-addressed envelope required by item (4) of Section 7-15-370 to be sent to each absentee ballot applicant shall have printed on its face in the upper left hand corner the words 'Absentee ballots for __________ County, __________ (county seat), South Carolina.' All blanks on the face of the envelope shall be filled in by the county board of voter registration and elections prior to the issuance of the ballot to the absentee ballot applicant. On the back shall appear blanks which the voter shall fill in with his name and address.
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-380. Oath of absentee ballot applicant; exception.

(A) The oath, which is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed by a person who is at least eighteen years of age. The address, printed name, and signature of the witness shall appear on the oath. In the event the voter cannot write because of a physical handicap or illiteracy, the voter must make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:
"I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina 1895, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct."
________________________________________ Signature of Voter Dated on this __________________ day of _________________________ 20 ______ Signature of Witness Printed Name of Witness ________________________________________ Address of Witness
(B) Qualified voters under the Uniformed and Overseas Citizens Absentee Voters Act are exempt from witness requirements in subsection (A).
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982; 1996 Act No. 416, Section 1, eff June 4, 1996; 2011 Act No. 43, Section 7, eff upon contingency, see editor's note, (approved June 7, 2011); 2022 Act No. 150 (S.108), Section 6, eff July 1, 2022.
Validity
For the validity of the prior version of this section, see Middleton v. Andino, 488 F.Supp.3d 261 (D. S.C. 2020).
Editor's Note
2011 Act No. 43, Sections 1 and 10, provide as follows:
"SECTION 1. This act may be cited as the 'South Carolina Uniformed and Overseas Citizens Absentee Voters Act'."
"SECTION 10. This act 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." [Preclearance approval received August 22, 2011.]
2022 Act No. 150, Section 45.C, provides as follows:
"[SECTION 45.]C. SECTIONS 3 and 6 shall take effect on July 1, 2022."
Effect of Amendment
2022 Act No. 150, Section 6, in (A), in the first sentence, inserted "by a person who is at least eighteen years of age" at the end, in the second sentence, inserted ", printed name, and signature" following "The address", and in the oath form, inserted "1895" following "Constitution of the State of South Carolina" and the line for "Printed Name of Witness".
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-390. Absentee balloting in primary and special elections; municipal elections.

Absentee balloting in the primary, special, and municipal elections must be in accordance with the provisions of Title 7.
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 11, eff January 27, 1984.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-395. Responsibilities of political parties; expenses.

Any political party conducting a primary in this State is responsible for carrying out the provisions of this article by making ballots and election material available so that the persons named in Section 7-15-320 may be enabled to vote in primary elections. All expenses incurred by any political party in conducting elections subject to the provisions of this article shall be borne by such political party.
HISTORY: 1982 Act No. 280, Section 1, eff February 24, 1982.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-400. Issuing absentee ballot applications and absentee ballots.

No absentee ballot application or absentee ballot may be provided by an election official to a qualified elector unless pursuant to a provision of this article or Article 9 of this chapter.
HISTORY: 2022 Act No. 150 (S.108), Section 37, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-410. Absentee voting precinct established in each county; location.

In each county there must be established an absentee voting precinct located in the office of the county board of voter registration and elections. The county board of voter registration and elections, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of primary elections is responsible for the tabulation and reporting of ballots at the absentee voting precinct. The absentee ballots must remain in the custody of the county board of voter registration and elections until transferred to the county board of voter registration and elections, municipal election commission, county committee for each political party or executive committee of each municipal party for the purpose of tabulation and reporting as provided in Section 7-15-420.
HISTORY: 1962 Code Section 23-450.1; 1971 (57) 97; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 12, eff January 27, 1984.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-430. Absentee voters noted on registration lists; voting by persons who have been issued absentee ballots.

(A) Prior to the distribution of voter registration lists to the various precincts, the county board of voter registration and elections shall note, opposite the name of each registered voter, who is provided an absentee ballot and who has returned an absentee ballot.
(B) No voter whose name is so marked on the registration list as having returned an absentee ballot shall be permitted to vote in person in his resident precinct or at an early voting center in his county. A voter who is provided an absentee ballot, but who has not returned an absentee ballot, may cast a provisional ballot at his resident precinct or at an early voting center in his county. The provisional ballot must only be counted if the absentee ballot is not received by the time for the closing of the polls on election day.
(C) Should any voter be issued an absentee ballot, or should any voter return an absentee ballot, after the board has released the registration books to be used in the election to the county board of voter registration and elections, municipal election commission, county committee, executive committee of any municipal party, or poll managers, the board of voter registration and elections shall immediately notify in writing the county board of voter registration and elections, municipal election commission, county committee, executive committee of any municipal party, or poll manager, as the case may be, of the name, address, and certificate number of each voter who has since been issued an absentee ballot, or who has since returned an absentee ballot, and the registration books must be appropriately marked that the voter has been issued an absentee ballot, or has returned an absentee ballot.
HISTORY: 1962 Code Section 23-450.3; 1971 (57) 97; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 14, eff January 27, 1984; 2022 Act No. 150 (S.108), Section 9, eff May 13, 2022.
Effect of Amendment
2022 Act No. 150, Section 9, rewrote the section.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-440. List of persons issued and who cast absentee ballots.

The county board of voter registration and elections shall, after each election, prepare a list of all persons to whom absentee ballots were issued and all persons who cast absentee ballots. The list so compiled shall be made available for public inspection upon request. This list is in addition to the information provided pursuant to Section 7-15-330.
HISTORY: 1962 Code Section 23-450.4; 1971 (57) 97; 2020 Act No. 133 (S.635), Section 1.F, eff May 13, 2020.
Effect of Amendment
2020 Act No. 133, Section 1.F, added the third sentence.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-450. Application of article.

This article applies to political parties holding a primary and any other authorities conducting an election.
HISTORY: 1962 Code Section 23-450.5; 1975 (59) 815; 1982 Act No. 280, Section 1, eff February 24, 1982; 1992 Act No. 253, Section 10, eff February 19, 1992.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-470. Repealed.

HISTORY: Former Section, titled Absentee ballots other than paper ballots, had the following history: 2001 Act No. 83, Section 1, eff August 10, 2001; 2020 Act No. 133 (S.635), Section 1.C, eff May 13, 2020; 2020 Act No. 133 (S.635), Section 1.H, eff December 31, 2021. Repealed by 2022 Act No. 150, Section 41, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 7 - Elections › Chapter 15 - Absentee Registration And Voting › Section 7-15-620. Eligible voters may utilize absentee ballot process.

Notwithstanding other provisions of law, a voter who meets the requirements of this article may utilize the absentee ballot process established by this article, or as otherwise permitted by state or federal law.
HISTORY: 2015 Act No. 79 (H.3154), Section 5, eff June 11, 2015.