(A) Before any kind of voting system, including an electronic voting system, is used at an election, it must be approved by the State Election Commission, which shall examine the voting system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting system examined may be accurately and efficiently used by electors at elections, as provided by law. A voting system may not be approved for use in the State unless certified by a testing laboratory accredited by the Federal Election Assistance Commission as meeting or exceeding the minimum requirements of the latest federal voting system standards and guidelines. If the federal voting system standards and guidelines have been amended less than thirty-six months prior to an election, then the State Election Commission may approve and certify a voting system that meets the prior standards after determining:
(1) the effect that such approval would have on the integrity and security of elections; and
(2) the procedure and cost involved to bring the voting system into compliance with the amended standards.
(B) A person or company who requests an examination of any type of voting system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting system when evidence is presented to the commission that the accuracy or the ability of the system to be used satisfactorily in the conduct of elections is in question.
(C) A person or company who seeks approval for any type of voting system in this State shall file with the State Election Commission a list of all states or jurisdictions in which that voting system has been approved for use. This list must state how long the system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the system. The vendor is responsible for filing this information on an ongoing basis.
(D) A person or an individual who seeks approval for any type of voting system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.
(E) A person or company who seeks approval for any voting system shall conduct, under the supervision of the State Election Commission and any county board of voter registration and elections, a field test for any new voting system, as part of the certification process. The field test must involve South Carolina voters and election officials, and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting system must be borne by the vendor. The test must be designed to gauge voter reaction to the system, problems that voters have with the system, and the number of units required for the efficient operation of an election. The test also must demonstrate the accuracy of votes reported on the system.
(F) Before a voting system may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the authority approved by the Federal Election Assistance Commission. These source codes must be available to the State Election Commission in case the company goes out of business, pursuant to court order, or if the State Election Commission determines that an examination of these source codes is necessary. The manufacturer shall place all updates of these source codes in escrow, and notify the State Election Commission that this requirement has been met.
(G) After a voting system is approved, an improvement or change in the system must be submitted to the State Election Commission for approval pursuant to this section. This requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tally reporting.
(H) If the State Election Commission determines that a voting system that was approved no longer meets the requirements of Title 7, the commission shall decertify that system. A decertified system must not be used in an election unless it is reapproved by the commission pursuant to the provisions of Title 7.
(I)(1) A vendor of any voting system that has been approved by the State Election Commission shall report in writing to the Director of the State Election Commission any decertification, ethical, or technical violations against the voting system in any state within ninety days after the decertification, ethical, or technical violations are issued by the other state. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may be decertified.
(2) A vendor seeking the approval of a voting system by the State Election Commission shall report in writing to the Director of the State Election Commission any decertification, ethical, or technical violations issued against the voting system in any state that have occurred prior to or during the time the vendor seeks approval of the voting system by the State Election Commission. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may not be approved.
(J) A member of the State Election Commission, county board of voter registration and elections, custodian, or member of a county governing body may not have a pecuniary interest in any voting system or in the manufacture or sale of any voting system.
HISTORY: 1962 Code Section 23-402; 1952 Code Section 23-402; 1950 (46) 2059; 1971 (57) 85; 1999 Act No. 103, Section 6, eff June 30, 1999; 2005 Act No. 63, Section 4, eff May 16, 2005; 2022 Act No. 150 (S.108), Section 15, eff May 13, 2022.
Effect of Amendment
2022 Act No. 150, Section 15, in (A), in the second sentence, substituted "the latest federal voting system standards and guidelines" for "federal voting system standards", inserted the third sentence, and added (1) and (2); and in (G), in the second sentence, substituted "ballot tally reporting" for "ballot tallying".
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.