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.
Structure South Carolina Code of Laws
Chapter 17 - Canvass Of Votes; Certificates And Records Of Results
Section 7-17-10. Meeting and organization of county boards of canvassers.
Section 7-17-20. Canvass of votes.
Section 7-17-30. Protests and contests.
Section 7-17-40. Poll lists shall accompany ballots in protests.
Section 7-17-50. Hearings on protests or contests.
Section 7-17-60. Right to and notice of appeal from decision of county board.
Section 7-17-70. Hearing of appeals.
Section 7-17-80. Statements and returns.
Section 7-17-90. Duplicate statements filed with clerk of county.
Section 7-17-100. Separate statements of votes given for each candidate.
Section 7-17-210. State Election Commission constitutes board.
Section 7-17-220. Meeting of board; telecommunication or electronic communication; public access.
Section 7-17-230. Power to adjourn; procedure when all certified statements have not been received.
Section 7-17-240. Board shall make certified statement of all votes cast.
Section 7-17-260. Cases decided by state board; filing and service.
Section 7-17-270. Hearing of protest or contest; procedure at hearing; notice of decision; appeals.
Section 7-17-280. Mandatory recounts.
Section 7-17-290. Certificate of determination delivered to Secretary of State.
Section 7-17-300. Secretary of State shall record result of canvass.
Section 7-17-310. Copies of determinations transmitted to persons elected and Governor.
Section 7-17-320. Statements printed in public newspapers.
Section 7-17-330. Certain certificates of election sent to Congress.
Section 7-17-340. Record of elected county officers.
Section 7-17-520. Protests and contests generally; filing and service.
Section 7-17-530. Hearing by county executive committee.
Section 7-17-540. Right to and notice of appeal from decision of county executive committee.
Section 7-17-550. Hearing of appeals by state executive committee.
Section 7-17-570. Procedure for hearing protest or contest; notice of decision.
Section 7-17-580. Appeal of protests and contests in municipal primaries.
Section 7-17-590. Board of State Canvassers for Municipal Primaries.
Section 7-17-600. No candidate shall be declared nominated in first primary without majority vote.
Section 7-17-610. What constitutes majority vote.