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Election Law @ Moritz

Election Law @ Moritz

2008 Key Questions for Key States

South Carolina

The complete research by Election Law @ Moritz for South Carolina can be found below.

Institutional Arrangements

State Chief Election Authorities

Bipartisan appointed board

Chief election authority: State Election Commission. Code 1976 § 7-3-10.

Method of selection: Appointed by the governor. Code 1976 § 7-3-10. Out of five board members, the governor must appoint at least one from the leading political party and one from the second leading political party.

Current officer: N/A (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/elected

Method of selection: Elected by state legislature. Const. Art. V, § 3. Unexpired terms of less than one year may be filled by gubernatorial appointment. Const. Art. V, § 18.

Justices: Jean Hoefer Toal (D), James E. Moore (no info), John H. Waller, Jr. (no info), Costa M. Pleicones (no info), Donald W. Beatty (no info) (Last updated 12/22/07)


  • South Carolina Supreme Court
  • Toal discusses judicial system, Columbia State (SC), December 6, 2005.
  • Toal’s selection likely, Columbia State (SC), January 26, 1988.

Voter Registration

HAVA matching standards

N/A - currently this state does not match

South Carolina does not match.

Updated 11/4/08



EL@M did not research this topic for South Carolina

Provisional Ballots

EL@M did not research this topic for South Carolina

Early and Absentee Voting

EL@M did not research this topic for South Carolina

Voting Technology

EL@M did not research this topic for South Carolina

Polling Place Operations

Polling place closing times - local times

7:00 PM local time

Polling place closing times - by Eastern time zone

7:00 PM Eastern time

Ballot Security

EL@M did not research this topic for South Carolina

Emergency Preparedness

EL@M did not research this topic for South Carolina

Post-Election Processes

What Court Would Hear a Presidential Contest?


Contests of elections for President are filed with the State Board of Canvassers S.C. Code Ann. § 7-17-260, i.e. the State Election Commission, S.C. Code Ann. § 7-17-210. The State Election Commissioners are appointed by the Governor. S.C. Code Ann. § 7-3-10. The State Executive Committee of the affected political party hears Presidential primary contests. S.C. Code Ann. § 7-17-560. 

Who Performs Presidential recounts?


According to Chris Whitmire, a Public Information Officer at the South Carolina Election Commission, recounts are performed by the same individuals who conduct the initial vote count. See Code 1976 s 7-17-280. This means precinct managers and clerks who are appointed by the county election commission. 7-13-1110. The statute governing appointment of precinct managers and clerks does nothing to limit the partisan composition of the managers and clerks. 7-13-72. County election commissioners are appointed by the governor. 7-13-70. At least one commissioner in each county must represent the largest political party, and one must represent the second largest. Id. The law does not explicitly state who may observe recounts.

The South Carolina administrative code contains no further details. See SC ADC 45-1 to 45-10.