A vote recorder or optical scan voting device must not be adopted or used unless it:
(a) provides facilities for voting for the candidates as may be nominated and upon the questions as may be submitted;
(b) permits each elector, at other than primaries, to vote a straight party or body ticket, in one operation; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which the elector votes for individual candidates;
(c) permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) permits each elector to vote, at any election, for any person and for any office for whom and for which the elector is lawfully entitled to vote, whether or not the name of the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;
(e) precludes, when used in conjunction with a tabulating machine, the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and precludes the counting of votes for more persons for any office than the elector is entitled to vote for or for fewer than the elector is required to vote for, and precludes the counting of votes for any candidate for the same office or upon any question more than once;
(f) permits voting in absolute secrecy, so that a person shall not see or know for whom any other elector has voted or is voting, except an elector whom the person has assisted or is assisting in voting, as prescribed by law;
(g) is constructed of material of good quality, in a neat and workmanlike manner;
(h) records, when properly operated, correctly and accurately every vote cast;
(i) is constructed so that an elector may readily learn the method of operating it;
(j) is safely transportable; and
(k) disables, at all times while utilized in a current election, the following:
(1) a connection to the Internet or an external network;
(2) the capability to establish a wireless connection to an external network;
(3) the establishment of a connection to an external network through a cable, a wireless modem or any other mechanism or process; and
(4) automatic resolution functionality for ballots flagged for further review.
HISTORY: 1962 Code Section 23-400.104; 1970 (56) 2022; 1999 Act No. 103, Section 5, eff June 30, 1999; 2006 Act No. 223, Section 1, eff February 3, 2006; 2022 Act No. 150 (S.108), Section 14, eff May 13, 2022.
Effect of Amendment
2022 Act No. 150, Section 14, rewrote (k).
Structure South Carolina Code of Laws
Chapter 13 - Conduct Of Elections
Section 7-13-20. Time of general election for certain county officers.
Section 7-13-25. Early voting.
Section 7-13-30. Time of election of probate judges.
Section 7-13-35. Notice of general, municipal, special, and primary elections.
Section 7-13-45. Acceptance of filings.
Section 7-13-50. Second and other primaries.
Section 7-13-60. Hours polls open.
Section 7-13-72. Managers of election.
Section 7-13-80. Organization of voter registration and elections; managers and clerks; oaths.
Section 7-13-100. Managers shall take oath before opening polls.
Section 7-13-110. Residency requirements of chairmen, clerks, and managers of elections.
Section 7-13-120. Candidates and their relatives may not be managers or clerks.
Section 7-13-140. Maintenance of order; police powers of managers.
Section 7-13-150. Penalty for failure to assist in maintaining order.
Section 7-13-160. Peace officers shall enter polling place only on request or to vote.
Section 7-13-170. Procedure when managers fail to attend, take charge of, or conduct election.
Section 7-13-180. Posting proposed constitutional amendments at polling place.
Section 7-13-190. Special elections to fill vacancies in office.
Section 7-13-310. Kinds of general election ballots; different colored paper to be used.
Section 7-13-315. Joint election of Governor and Lieutenant Governor; single vote.
Section 7-13-320. Ballot standards and specifications.
Section 7-13-325. Use of candidate's given name, derivative of, or nickname on ballot.
Section 7-13-330. Form of ballot; instructions.
Section 7-13-335. Arrangement of names on certain ballots.
Section 7-13-340. Printing and distribution of ballots.
Section 7-13-350. Certification of candidates; verification of qualifications.
Section 7-13-351. Nominees by petition.
Section 7-13-360. Place on ballot for write-in names.
Section 7-13-370. Death, withdrawal, or disqualification of candidate after name printed on ballot.
Section 7-13-380. Reprinting ballots to delete name of deceased or withdrawn candidate is optional.
Section 7-13-390. Limitations on withdrawal of candidacy.
Section 7-13-400. Form of ballot when questions are submitted.
Section 7-13-410. Ballots where both statewide and local constitutional amendments are submitted.
Section 7-13-420. Oath of printer of ballots and assistants.
Section 7-13-460. Use of paper ballots.
Section 7-13-610. Ballot specifications; separate ballots for each party.
Section 7-13-611. Arrangement of official county and state primary ballots.
Section 7-13-720. Oath of voter.
Section 7-13-730. Delivery and marking of ballot; deposit into ballot box.
Section 7-13-780. Designation of voters who may receive assistance.
Section 7-13-790. Substitute for marred or defaced ballot.
Section 7-13-800. Write-ins to be in handwriting of voter or authorized manager.
Section 7-13-810. Prevention of illegal voting or taking too much time; challenging voters.
Section 7-13-820. Voting by person whose name is not on registration book.
Section 7-13-825. Location of requirements to challenge a ballot.
Section 7-13-830. Procedure when voter challenged.
Section 7-13-840. Ballot boxes; number, location, construction, color, labeling.
Section 7-13-850. Closing polls; voters waiting may vote.
Section 7-13-860. Watchers; appointment, qualifications, identification, and conduct.
Section 7-13-1010. Additional oath of voters.
Section 7-13-1020. Absentee voting not permitted in primaries; exceptions.
Section 7-13-1030. Voting by National Guard when on duty.
Section 7-13-1040. No person may vote in more than one primary on same day.
Section 7-13-1110. Counting ballots and declaration of result; volunteer personnel may assist.
Section 7-13-1120. Disposition of improperly marked ballots.
Section 7-13-1130. Disposition of ballots found in wrong box and ballots folded together.
Section 7-13-1140. Procedure when too many ballots found in box or too many votes tabulated.
Section 7-13-1160. Reporting of election results to State Election Commission.
Section 7-13-1170. Ordering of new election by Governor.
Section 7-13-1340. Requirements for vote recorders or optical scan voting devices.
Section 7-13-1350. Payment for vote recorders.
Section 7-13-1360. Form and contents of ballot labels; primary elections.
Section 7-13-1370. Ballot cards.
Section 7-13-1371. Ballot cards used in conjunction with optical scanning device; instructions.
Section 7-13-1380. Write-in votes.
Section 7-13-1400. Delivery of vote recorders; duties of officials at polling places.
Section 7-13-1410. Duties of officials after closing of polls; review of ballots; duplicate ballots.
Section 7-13-1420. Observation by poll watchers after polls close.
Section 7-13-1440. Witnesses are to observe at counting station.
Section 7-13-1450. Public display of vote recorders preceding election.
Section 7-13-1460. Use of paper ballots where use of vote recorders is not possible or practicable.
Section 7-13-1470. Procedure when vote recorder becomes out of order.
Section 7-13-1480. Custody, storage, and care of vote recorders.
Section 7-13-1490. Regulations, instructions, and forms.
Section 7-13-1500. Oath of person preparing or operating tabulating devices.
Section 7-13-1610. State Board of Voting Machine Commissioners.
Section 7-13-1620. Voting system approval process.
Section 7-13-1640. Voting machine requirements.
Section 7-13-1650. Experimental use of voting machines.
Section 7-13-1655. "Voting system" defined; State Election Commission duties.
Section 7-13-1670. Demonstrations with machines for instruction of voters.
Section 7-13-1680. Number of voting machines; type and use; repair; custody.
Section 7-13-1690. Employment and qualifications of custodians of voting machines.
Section 7-13-1710. Voting machine ballots; arrangement of nominations.
Section 7-13-1720. Unopposed candidates in primaries.
Section 7-13-1730. Use of separate ballots on constitutional amendments and other public measures.
Section 7-13-1740. Sample or instruction ballots.
Section 7-13-1780. Placement of voting machines in polling places.
Section 7-13-1790. Lights and screens.
Section 7-13-1810. Instructions of voters by model machine at polling place.
Section 7-13-1820. Persons within guard rail; time permitted voters to vote.
Section 7-13-1830. Instruction after voter has entered machine.
Section 7-13-1840. Assistance may be given to voters.
Section 7-13-1850. Write-in ballots.
Section 7-13-1860. Duty to protect machines against injury.
Section 7-13-1870. Procedure when voting machine becomes inoperative.
Section 7-13-1880. Canvass and return of vote; return of provisional and failsafe ballots.
Section 7-13-1900. Use of voting machines for primary elections.
Section 7-13-1910. Possession of voting machine key by unauthorized person.
Section 7-13-1920. Tampering with voting machine.
Section 7-13-1930. Other provisions of this Title applicable to use of voting machines.
Section 7-13-2120. Constitutional Ballot Commission.
Section 7-13-2130. Jurisdiction of proceedings challenging explanations.