2017 South Carolina Code of Laws
Title 7 - Elections
CHAPTER 15 - ABSENTEE REGISTRATION AND VOTING
Section 7-15-420. Receipt, tabulation and reporting of absentee ballots.
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. At 9:00 a.m. on election day, the managers appointed pursuant to Section 7-5-10, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, 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 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 and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, 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. Beginning at 9:00 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. Results of the tabulation must not be publicly reported until after the polls are closed.
HISTORY: 1962 Code Section 23-450.2; 1971 (57) 97; 1980 Act No. 376, Section 1, eff April 23, 1980; 1982 Act No. 280, Section 1, eff February 24, 1982; 1984 Act No. 266, Section 13, eff January 27, 1984; 1990 Act No. 357, Section 6, eff March 19, 1990; 1992 Act No. 253, Section 9, eff February 19, 1992; 1996 Act No. 227, Section 1, eff February 12, 1996; 2006 Act No. 284, Section 3, eff May 19, 2006.
Code Commissioner's Note
Pursuant to the directive in 2014 Act No. 196, Section 8, at the direction of the Code Commissioner, references in this section to county election commissions or commissioners or county boards of voter registration were changed to the "Board of Voter Registration and Elections" and board members as appropriate.
At the direction of the Code Commissioner, the reference to Section 7-13-70 was changed to Section 7-5-10, to correct the reference in light of 2014 Act No. 196, which repealed Section 7-13-70 and amended Section 7-5-10.
Editor's Note
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]
Effect of Amendment
The 1980 amendment eliminated the requirement that the final tabulation of absentee ballots be included in the totals of the resident precinct of the absentee voter.
The 1982 amendment substantially rewrote this section.
The 1984 amendment redesignated persons responsible for tabulation of absentee ballots.
The 1990 amendment changed the time for processing the ballots from the closing of the polls to 2:00 P.M. on election day, authorized watchers to be present when absentee ballot envelopes are examined, and required all return-addressed envelopes to be received before the closing of the polls.
The 1992 amendment, in the first sentence, deleted the phrase "county committee for each political party," and added "municipal" before "primary elections".
The 1996 amendment revised this section.
The 2006 amendment, in the second sentence, substituted "9:00 a.m." for "2:00 p.m."; substituted the eighth sentence for the eighth and ninth sentences which read "When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county and are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county."; and added the final (tenth) sentence relating to public reporting of the tabulation.
