South Carolina H 3776: State Election Commission

Bill Text

2025-2026 Bill 3776 Text of Previous Version (Jan. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3776

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 7-3-25, RELATING TO NONCOMPLIANT COUNTY BOARDS OF VOTER REGISTRATION 
AND ELECTIONS, SO AS TO ESTABLISH THE DUTIES OF THE STATE ELECTION COMMISSION PROVIDING 
SUPPORT AND GUIDANCE TO COUNTY BOARDS REGARDING THE CONDUCT OF POST-ELECTION 
PROCESSES, AND TO REQUIRE THE COMMISSION TO INTERVENE IN COUNTies POST-ELECTION 
PROCESSES WHEN A BOARD'S NONCOMPLIANCE WITH APPLICABLE LAWS, POLICIES, OR 
PROCEDURES COULD NEGATIVELY IMPACT THE ACCURACY OF THE ELECTION RESULTS OR THE 
ABILITY TO TIMELY CERTIFY THE RESULTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 7-3-25 of the S.C. Code is amended to read:

 Section 7-3-25. (A) In the event that the State Election 
Commission, acting through its executive director, determines that a county 
board of voter registration and elections has failed to comply with applicable 
state or federal law or State Election Commission policies, procedures, or 
standardized processes with regard to the conduct of the election or voter 
registration process, the State Election Commission, acting through its 
executive director or other designee, must supervise, pursuant to Section 
7-3-20(D)(1) and (2), the county board to the extent necessary to:

 (1) 
identify the failure to comply with state or federal law or State Election 
Commission policies, procedures, or standardized processes;

 (2) 
establish a plan to correct the failure; and

 (3) 
implement the plan to correct the failure. The officials and employees of the 
State Election Commission and the county board must work together, in good 
faith, to remedy the failure of the county board to adhere to state or federal 
law or State Election Commission policies, procedures, or standardized 
processes. In the event of a difference of policy or opinion between a county 
election official or employee and the State Election Commission or its 
designee, pertaining to the manner in which particular functions must be 
performed, the policy or opinion of the State Election Commission shall 
control.

 (B)(1) For purposes of this subsection, "post-election processes" includes, 
without limitation, the counting and canvassing of ballots, ballot 
adjudication, election results audits, certification of results, and mandatary 
recounts.

 (2) As part of its supervisory duties 
under this chapter, the State Election Commission shall provide administrative 
assistance, staff support, and guidance to the county boards of voter 
registration and elections regarding the conduct of all post-election processes 
to ensure compliance with all applicable laws, policies, and procedures, as 
well as the timely and accurate certification of election results.

 (3) The State Election Commission, acting 
through its executive director or his designee, shall take immediate steps to 
intervene and assume oversight of the post-election processes in a county if 
the commission determines that:

 (a) the county board of voter 
registration and elections has failed to comply with applicable laws, policies, 
or procedures regarding the conduct of post-election processes;

 (b) the board's noncompliance has the 
potential to negatively impact the accuracy of the election results or the 
board's ability to meet the applicable certification deadline set by law; and

 (c) the commission has the capacity and 
resources to remedy the board's noncompliance through intervention.

 (4) If a county board of voter 
registration and elections does not or cannot determine and certify the results 
of an election or referendum for which it is responsible by the time set for 
certification by applicable law, the responsibility to determine and certify 
the results is devolved upon the State Election Commission.

 (C) If 
the State Election Commission determines that an official or an employee of a 
county board of voter registration and elections has negligently failed to 
comply with applicable state or federal law or State Election Commission 
policies, procedures, or standardized processes with regard to the election or 
voter registration process or fails to comply with or cooperate with the 
corrective plan established by the State Election Commission or its designee 
under the provisions of subsection (A), the commission may order the 
decertification of that official or employee and if decertified the commission 
shall require that official to participate in a retraining program approved by 
the commission prior to recertification. If the commission finds that the failure 
to comply with state or federal law or State Election Commission policies, 
pro