2022 South Carolina Code of Laws
Title 7 - Elections
Chapter 3 - State Election Commission; Central Registration System
Section 7-3-10. State Election Commission created; appointment; term; composition; vacancies; chairman; meetings; powers and duties; eligibility.

(A) There is hereby created the State Election Commission composed of five members, at least one of whom shall be a member of the majority political party represented in the General Assembly and at least one of whom shall be a member of the largest minority political party represented in the General Assembly, to be appointed by the Governor to serve terms of four years and until their successors have been appointed and qualify. Any vacancy on the commission shall be filled for the unexpired portion of the term in the same manner as the original appointment.

(B) The Governor shall appoint one of the members to serve as chairman and one of the members to serve as vice chairman. The terms of chairman and vice chairman shall be for two years and until their successors are appointed and qualify. The commission shall select such other officers from among its members as it may deem necessary.

(C) The commission shall meet at its offices in Columbia at least once each month or at such times as considered necessary by the commission. However, the commission may change the location of the meeting if the change is more convenient for the commission or any parties scheduled to appear before the commission.

(D) The commission shall have the powers and duties as enumerated in this title.

(E)(1) No person shall be eligible to be appointed to the commission who:

(a) has not been a registered voter in this State for the five years immediately preceding the term of appointment;

(b) is a member of a candidate's paid campaign staff, or a campaign volunteer;

(c) held an elective public office, was a candidate for an elective public office, or was a lobbyist within the year preceding the start of the term of appointment; or

(d) was an officer of a local or national committee of a political party or an officer in a partisan political club or organization within the year preceding the start of the term of appointment.

(2) No person shall be eligible to continue to serve on the commission who, during the person's term of appointment:

(a) is a candidate for an elective public office, a member of a candidate's paid campaign staff, or a campaign volunteer;

(b) is an officer of a local or national committee of a political party or an officer in a partisan political club or organization;

(c) is a lobbyist;

(d) makes a contribution to a candidate or knowingly attends a fundraiser held for the benefit of a candidate;

(e) takes an official action that contravenes a state election law;

(f) makes a written or oral statement intended for general distribution or dissemination to the public at large discrediting the merit of a state election law; or

(g) fails to supervise and instruct the executive director regarding the execution of the executive director's duties.

(3) A person serving on the commission who was not eligible to be appointed pursuant to item (1), or a person serving on the commission who is no longer eligible to continue to serve pursuant to item (2), is subject to removal:

(a) by the Governor; or

(b) through an action filed in the original jurisdiction of the Supreme Court by the President of the Senate, on behalf of the Senate, or by the Speaker of the House of Representatives, on behalf of the House of Representatives, for a determination of the right of the person to continue to serve on the commission.

(F) The commission shall promulgate regulations to establish standardized processes for the administration of elections and voter registration that must be followed by the county boards of voter registration and elections. The regulations must take into account unique circumstances around the State including, but not limited to, population and geographic disparities among the various counties. The commission is prohibited from promulgating emergency regulations pursuant to Section 1-23-130.

(G) The commission shall provide for the supervision of the executive director to ensure that the State Election Commission and the county boards of voter registration and elections comply with applicable state and federal election law.

HISTORY: 1962 Code Section 23-30; 1968 (55) 2316; 1992 Act No. 276, Section 1, eff March 10, 1992; 1996 Act No. 423, Section 2, eff June 18, 1996; 1998 Act No. 293, Section 1, eff April 20, 1998; 2022 Act No. 150 (S.108), Section 27.A, eff May 13, 2022.

Editor's Note

2022 Act No. 150, Sections 27.B to 27.D, and 35, provide as follows:

"[SECTION 27.]B. Notwithstanding Section 7-3-10(A), as amended by this act, the expiration dates for the terms of the current members of the commission shall be staggered as follows:

"(1) for members with terms expiring on September 15, 2022, the terms will now expire on June 30, 2023; and

"(2) for members with terms expiring on September 15, 2024, the terms will now expire on June 30, 2025.

"C. Notwithstanding Section 7-3-10(B), as amended by this act, the initial term of the vice chairman must run concurrently with the existing term of the chairman.

"D. The provisions of Section 7-3-10(E)(1), as added by the act, applies to a candidate for appointment to the State Election Commission on and after the effective date of this act."

"SECTION 35. The State Election Commission must establish a voter education program concerning the provisions contained in this legislation. The State Elections Commission must educate the public as follows:

"(1) post information concerning changes contained in this legislation in a conspicuous location at each county board of registration and elections, each satellite office, the State Elections Commission office, and their respective websites;

"(2) train poll managers and poll workers at their mandatory training sessions to answer questions by electors concerning the changes in this legislation;

"(3) require documentation describing the changes in this legislation to be disseminated by poll managers and poll workers at every election held from the effective date of this act until October 21, 2022;

"(4) coordinate with each county board of voter registration and elections so that at least one seminar is conducted with each county's election officials prior to September 16, 2022;

"(5) coordinate with local and service organizations to provide for additional informational seminars at a local or statewide level;

"(6) send a media release describing the changes in this legislation in South Carolina newspapers of general circulation by no later than June 20, 2022;

"(7) coordinate with local media outlets to disseminate information concerning the changes in this legislation.

"In addition to the items above, the State Election Commission may implement additional educational programs in its discretion."

Effect of Amendment

2022 Act No. 150, Section 27.A, rewrote the section.