South Carolina Code of Regulations Chapter 45 - STATE ELECTION COMMISSION
Here’s an updated overview of Chapter 45 – State Election Commission in the South Carolina Code of Regulations, current through March 28, 2025 (law.cornell.edu):
📘 Chapter Overview & Authority
Chapter 45 outlines regulations that govern the State Election Commission's oversight of vote‑recorder systems, including training, ballot handling, tabulation, and record retention procedures. These regulations derive authority from Title 7, Chapter 13, Article 13 of the South Carolina Code (law.cornell.edu).
📄 Section-by‑Section Summary
§ 45‑1 Definitions
Defines key terms such as "ballot card," "ballot label," "defective ballot card," "tabulating machine," and "vote recorder." Clarifies that "vote recorder" and "tabulating machine" exclude traditional voting machines (scstatehouse.gov).
§ 45‑2 Training & Certification
Requires poll managers and clerks in vote‑recorder counties to be trained 10–21 days prior to elections and to receive certification upon qualification (scstatehouse.gov).
§ 45‑3 Tabulating Center Personnel
Mandates that all staff handling vote tabulation must be trained and certified similarly to polling personnel (law.cornell.edu).
§ 45‑4 Certification of Program Instructions
Outlines processes for certifying programming instructions used by tabulating machines (specific details are contained in the full text) (law.cornell.edu).
§ 45‑5 Ballot Envelopes & Fold‑Over Card Format
Establishes standards for ballot envelope usage and fold‑over ballot cards to maintain voter anonymity (law.cornell.edu).
§ 45‑6 Defective Ballot Cards
Details handling procedures and secure sealing of ballots deemed defective or unreadable by tabulators (law.cornell.edu).
§ 45‑7 Sealing Post-Tabulation Ballot Cards
Requires sealed custody and clear documentation of results for tabulated ballots after counting (law.cornell.edu).
§ 45‑8 Sealing Defective & Duplicate Cards
Specifies secure measures for sealing both defective and duplicate ballot cards after election tabulation (law.cornell.edu).
§ 45‑9 Write‑in Ballots
Defines how write‑in ballots are to be handled, sealed, and preserved following counting (law.cornell.edu).
§ 45‑10 Retention & Disposition of Records
Sets forth requirements for how long ballots and election records are to be retained and conditions for their lawful disposal (law.cornell.edu).
✅ Key Takeaways
These regulations ensure uniform training standards for election workers and tabulation staff.
They safeguard ballot security and voter privacy, particularly through envelope protocols and secure sealing procedures.
They mandate strict protocols for handling defective and write-in ballots, maintaining secure chain-of-custody.
They require retention schedules for ballots and related election documentation.
🛠Accessing the Full Text
To review the complete regulation text:
View the official PDF from the South Carolina Legislature's website, current through March 28, 2025 (scstatehouse.gov, scvotes.gov, regulations.justia.com, scstatehouse.gov).
Use the Legislative Council's online search tool for the most up-to-date unannotated regulations (scstatehouse.gov).
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