S.C. Code § 7-15-420

Current through 2024 Act No. 225.

Section 7-15-420 - Receipt, tabulation, and reporting of absentee ballots

(A) The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots.

(B) Beginning no earlier than 7:00 a.m. on the second day immediately preceding election day, the managers appointed pursuant to Section 7-13-72 may begin the process of examining the return-addressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the printed name, signature, and address of the witness. All return-addressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked "Ballot Herein" removed, placed in a locked box or boxes, and kept secure.

(C) After all return-addressed envelopes have been emptied, but no earlier than 7:00 a.m. on election day, the managers shall remove the ballots contained in the envelopes marked "Ballot Herein", placing each one in the ballot box provided for the applicable contest.

(D) Beginning no earlier than 7:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot.

(E) Results of the absentee ballot tabulation must not be publicly reported until after the polls are closed. An election official, election worker, candidate, or watcher who intentionally violates the prohibition contained in this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years.

(F) The processes of examining the return-addressed envelopes, opening the sealed return-addressed envelopes to remove the "Ballot Herein" envelopes, and removing the ballots from the "Ballot Herein" envelopes for tabulation must be conducted in the presence of any candidate who elects to be present, and of any watchers who have been appointed pursuant to Section 7-13-860. Provided, any candidates or watchers present must be located a reasonable distance in order to maintain both the right to observe and the secrecy of the ballots."

S.C. Code § 7-15-420

Amended by 2022 S.C. Acts, Act No. 150 (SB 108),s 8, eff. 5/13/2022.

2020 Act No. 133 (S.635), Section 1.B, eff 5/13/2020; 2006 Act No. 284, Section 3, eff 5/19/2006; 1996 Act No. 227, Section 1, eff 2/12/1996; 1992 Act No. 253, Section 9, eff 2/19/1992; 1990 Act No. 357, Section 6, eff 3/19/1990; 1984 Act No. 266, Section 13, eff 1/27/1984; 1982 Act No. 280, Section 1, eff 2/24/1982; 1980 Act No. 376, Section 1, eff 4/23/1980; 1971 (57) 97; 1962 Code Section 23-450.2.

2006 Act No. 284, Section 5, provides as follows:

"This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice." [preclearance received September 5, 2006]

2020 Act No. 133, Section 1.H., provides as follows:

"[1.]H. The amendments contained in subsections A., B., and C. of this SECTION are repealed on December 31, 2021, and the text of these code sections therefore shall revert back to the language as contained in the South Carolina Code of Laws as of January 23, 2020."

2022 Act No. 150, Section 45.D, provides as follows:

"[SECTION 45.]D. The requirement that the printed name of the witness be examined on return-addressed envelopes, pursuant to Section 7-15-420(B), as amended by this act, takes effect on July 1, 2022."