Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of ____________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

HISTORY:

1988 Act No. 422, Section 1, eff March 28, 1988.

(A) Every citizen of this State and the United States who applies for registration must be registered if he meets the following qualifications:

(1) is at least eighteen years of age;

(2) is not laboring under disabilities named in the Constitution of 1895 of this State; (SC Constitution)

(3) is a resident in the county and in the polling precinct in which the elector offers to vote.

(B) A person is disqualified from being registered or voting if he:

(1) is mentally incompetent as adjudicated by a court of competent jurisdiction; or

(2) is serving a term of imprisonment resulting from a conviction of a crime; or

(3) is convicted of a felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned.

HISTORY:

1981 Act No. 1, Section 2, eff January 14, 1981;

1986 Act No. 345, Section 1, eff March 7, 1986;

1994 Act No. 365, Section 1, eff May 3, 1994.

CASE NOTES:

Allen v Ellisor (1981, CA4 SC) 664 F2d 391

Any person who applies for registration to vote and is found to be qualified by the county board of registration to whom application is made must be issued a written notification of registration. This notification must be on a form prescribed and provided by the State Election Commission.

HISTORY:

1988 Act No. 507, Section 1, eff May 9, 1988.

Boards of registration shall remain open as provided by law and, in addition thereto, shall remain open and available for registration on any additional days, during such hours and at such various places throughout the county as the boards may determine. Such boards also shall remain open and available for absentee registration and absentee voting responsibilities during such additional hours as the boards amy deem necessary. Notice of the time and place shall be given by prior publication in a newspaper of general circulation in the county.

HISTORY:

1982 Act No. 280, Section 3, eff February 24, 1982.

In case any person who has not attained the age of eighteen years before the closing of the books of registration preceding any election, including presidential primary elections, but attains that age before the next ensuing election appears before the boards of registration and makes application for registration, under oath as to the facts above stated entitling a person to registration, the board shall register the applicant, if he is otherwise qualified. Any person not laboring under the disabilities named in the Constitution (SC Constitution) and in Section 7-5-120 and whose qualification as an elector is completed after the closing of the registration books, but before the next ensuing election, has the right to apply for and secure registration at any time within one hundred twenty days immediately preceding the closing of the books for the election or for the primary election preceding the election. Written notification of approval or rejection must be issued personally or mailed by the board to each applicant on a form to be prescribed and provided by the State Election Commission. The decision of the board of registration may be appealed as provided by Section 7-5-230.

HISTORY:

1976 Act No. 695, Section 1;

1984 Act No. 510, Section 4, eff June 28, 1984;

1988 Act No. 589, eff June 2, 1988.

The boards of registration to be appointed under [Section] 7-5-10 shall be the judges of the legal qualifications of all applicants for registration. Any person denied registration or restoration of his name on the registration books shall have the right of appeal from the decision of the board of registration or such restoration to the court of common pleas of the county or any judge thereof and hence to the Supreme Court.

HISTORY:

1962 Code Section 23-73;

1952 Code Section 23-73;

1950 (46) 2059;

1967 (55) 657.

CASE NOTES:

Rawl v McCown, 97 SC 1, 81 SE 958 (1914)

Hunter v West Greenville, 146 SC 338, 144 SE 62 (1928)

No elector shall vote in any polling precinct unless his name appears on the official list of voters for the precinct. If the name of any registered elector does not appear or incorrectly appears on the official list of voters of his precinct, he may vote if he presents to the managers of election of the precinct, in addition to his valid South Carolina driver's license or other form of identification required by [Section] 7-13-710 if he is not licensed to drive, a certificate of a member of the registration board of his county or a certificate of the executive director that his name is enrolled in the records of his county on file in the office of the executive director. Any elector may also vote upon presenting the written notification issued by the board if the elector has signed the notification.

At least one member of the county registration board must be present in the registration board's office at all hours during which the polls are open on every election day for the purpose of carrying out the provisions of this section.

HISTORY:

1984 Act No. 510, Section 8, eff June 28, 1984.

Every citizen of this State and of the United States:

(1) Of the age of eighteen years and upwards;

(2) Having all the qualifications mentioned in [Section] 7-5-120;

(3) Who has resided within the corporate limits of any incorporated municipality in this State for thirty days previous to any municipal election;

(4) Who has been registered for county, state, and national elections as herein required;

is entitled to vote at all municipal elections of his municipality.

HISTORY:

1984 Act No. 290, Section 1, eff March 5, 1984.

The production of a valid South Carolina driver's license or other form of identification required by [Section] 7-13-710, if he is not licensed to drive, and proof of the residence of the elector within the limits of the municipality for thirty days preceding any election constitutes conditions prerequisite to the right of any elector to vote.

HISTORY:

1984 Act No. 290, Section 2, eff March 5, 1984;

1984 Act No. 510, Section 9, eff June 28, 1984.

When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the South Carolina Department of Revenue and Taxation, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed "Names of Voters". Before any ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

HISTORY:

1984 Act No. 510, Section 17, eff June 28, 1984;

1988 Act No. 507, Section 2, eff May 9, 1988;

1993 Act No 181 Section 65, eff July 1,1993.

The managers of election shall prevent any person from voting when they have good reason to believe the person has already voted. They shall refuse to allow any person to vote who is not a registered elector or who has become disqualified for any cause to vote in such voting precinct. They may also prevent any voter from consuming more than five minutes in voting, but no manager shall examine, read, or handle the ballot being voted or about to be voted by a voter or interfere in any way with the voting of any voter otherwise than herein provided. Any elector or qualified watcher may, and it is the duty of the managers of the election to, challenge the vote of any person who may be known or suspected not to be a qualified voter. However, the challenges by persons other than a manager must be addressed to the manager and not directly to the voter. The manager shall then present the challenge to the voter and act in accordance with the provisions provided for in this section. All challenges must be made before the time a voter receives a paper ballot or enters into a voting machine and no challenge may be considered after that time. However, challenges may be made at any time before the opening of return-addressed envelopes and the removal of "Ballot Herein" envelopes from them as to absentee voters. Nothing contained from them affects the right of any elector or qualified watcher to challenge the vote of any person which is fraudulent or when the challenge is based on evidence discovered after the vote is cast.

HISTORY:

1990 Act No. 357, Section 4, eff March 19, 1990.

CASE NOTES:

Hill v South Carolina Election Commission (1991) 304 SC 150, 403 SE2d 309

Fielding v South Carolina Election Commission (1991, SC) 408 SE2d 232

When any person presents himself with a valid South Carolina driver's license or other form of identification required by 7-13-710, if he is not licensed to drive, at the polling precinct and his name does not appear on the registration book a manager must call the county registration office from any phone available at or away from the polling precinct. The manager shall give only the name of the elector as it appears on the driver's license or other form of identification. The member of the registration board taking the call must check the records of the board and if the name of the person is found and he is eligible to vote in the precinct the date of birth of the person must be read to the manager who must the ask the person for such date. Upon answering correctly, the person may vote. When a manager is to make a call for such purpose, he must notify the poll watchers who may accompany the manager and have the information repeated to each of them. The manager must fill in the information on the driver's license or other form of identification on a form provided for that purpose before permitting such person to vote. In the event such call is a toll call it may be made collect and the registration office must accept the call.

If the name cannot be verified by the registration board, or if a phone is not available, the poll manager or his designee may permit such person to vote after following the procedures set forth in 7-13-830 and the vote must be process as a challenged vote. The poll manager must be listed as the challenger

The provisions of this section are in addition to the procedure provided in 7-5-440.

HISTORY:

1978 Act. No. 521, eff May 30, 1978;

1984 Act. No. 510, Section 18, eff June 28, 1984.

When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insist that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.

Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge.

HISTORY:

1987 Act. No. 121, Section 1, eff June 2, 1987;

1987 Act No. 126, Section 1, eff June 8, 1987;

1988 Act No. 472, eff May 2, 1988;

1992 Act No. 253, Section 8, eff February 19, 1992.

CASE NOTES:

Trapp v South Carolina Board of State Canvassers (1979) 273 SC 163, 255 SE2d 670

Whenever any election official or officials of any political subdivision of this State charged with ordering, providing for , or holding an election has or have neglected, failed , or refused to order, provided for, or hold such the election at the time appointed therefor, or in the event such election shall result in a tie vote leaving the matter at issue undecided or shall if for any reason be the election is declared void by competent authority, and any of these facts shall be are made to appear to the satisfaction of the Governor, he shall, should the law not otherwise provide for such a this contingency, order an election or a new election to be held at such the time and place or places, and upon such the notice being given which as to him may seem appears adequate to insure the will of the electorate being fairly expressed. To that end, he may designate the existing election official or officials or such other person or persons as he may appoint to perform the necessary official duties pertaining to such the election and to declare the result thereof.

HISTORY:

1988 Act No. 364, Section 4, eff March 14, 1988;

1962 Code Section 23-400.97;

1952 Code Section 23-326;

1942 Code Section 2330;

1932 Code Section 2330;

1931 (37) 272;

1966 (54) 2340.

CASE NOTES:

Easler v Maybank 191 SC 511, 5 SE2d 288 (1939)

The commissioners of election of Governor, Lieutenant Governor, State officers, circuit solicitors, members of the General Assembly and county officers or any of such officers shall meet in some convenient place at the county seat on the Thursday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as and shall be the county board of canvassers. They may appoint some competent person as secretary. The Chairman shall then proceed to administer the constitutional oath (SC Constitution) 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 shall have administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of such officers shall likewise meet at the same time at the county seat and shall in like manner proceed to organize as and shall be the county board of canvassers for the election of the Federal officers aforesaid.

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.

CASE NOTES:

State v Moore, 54 SC 556, 32 SE 700 (1899)

Segars v Parrott, 54 SC 1, 31 SE 677, 865 (1898)

Gardner v Blackwell, 167 SC 313, 166 SE 338 (1932)

State v Board of Canvassers, 78 SC 461, 59 SE 145 (1907)

State v State Board of Canvassers, 79 SC 246, 60 SE 699 (1908)

State v State Board of Canvassers, 79 SC 414, 60 SE 967 (1908)

Smith v Saye, 130 SC 20, 125 SE 269 (1924)

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;

1968 (55) 2316.

The commissioners of election for the counties shall meet in a convenient place in the county seat 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 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 verify 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 meet at 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.

HISTORY:

1992 Act No. 253, Section 11, eff February 19, 1992.

CASE NOTES:

Gregory v South Carolina Democratic Executive Committee (1978) 271 SC 364, 247 SE2d 439