South Carolina § 7-13-1640 - Voting machine requirements.

§ 7-13-1640. Voting machine requirements.

(A) Any kind or type of voting machine may be approved by the State Board of Voting Machine Commissioners which is so constructed as to fulfill the following requirements. It shall:

(1) provide facilities for voting for all candidates of as many political parties or organizations as may make nominations of candidates at any election, for or against as many questions as may be submitted at any election, and at all general or special elections, permit the voter to vote for all of the candidates of one party or in part for the candidates of one or more parties;

(2) permit the voter to vote for as many persons for any office as he is lawfully entitled to vote for, but no more;

(3) prevent the voter from voting for the same person more than once for the same office;

(4) permit the voter to vote for or against any question he may have the right to vote on, but no other;

(5) if used at a primary election, be so equipped that all rows except those of the voter's party can be locked out by the managers of election by means of an adjustment on the outside of the machine;

(6) correctly register or record and accurately count all votes cast for any and all candidates and for or against all questions;

(7) be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected;

(8) be provided with a counter which shows at all times during an election how many persons have voted;

(9) be provided with either an illustration or a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; and

(10) ensure voting in absolute secrecy.

(B) A machine must be provided with a device for each party and for each nomination by petition for voting for presidential and vice-presidential candidates in one operation and listing the candidates by name and by party or indicating the candidate is nominated by petition.

(C) If approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1620(B), the voting system must be able to electronically transmit vote totals for all elections from the county board of voter registration and elections to the State Election Commission in a format and time frame specified by the commission.

(D) Anytime a voter is eligible to cast a ballot, the voting machine and any counting device must have disabled:

(1) a connection to the Internet or an external network;

(2) the capability of establishing a wireless connection;

(3) the establishment of a connection to an external network through a cable, a wireless modem, or any other mechanism or process; and

(4) automatic resolution functionality for ballots flagged for further review.

(E) All electronic records for a statewide election must be preserved for not less than twenty-four months following the election.

HISTORY: 1962 Code SECTION 23-404; 1952 Code SECTION 23-404; 1950 (46) 2059; 1982 Act No. 419, SECTION 3, eff June 8, 1982; 1996 Act No. 316, SECTION 1, eff May 20, 1996; 1999 Act No. 103, SECTION 7, eff June 30, 1999; 2022 Act No. 150 (S.108), SECTION 16, eff May 13, 2022.

Effect of Amendment

2022 Act No. 150, SECTION 16, in (C), inserted "from the county board of voter registration and elections" following "for all elections"; and added (D) and (E).