Recount laws in South Carolina

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in South Carolina. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in South Carolina.[1]

  • Does state law require automatic recounts?
    • Yes, when the margin is less than or equal to 1% of total votes cast for the office, between the number of votes qualifying a candidate to go to a runoff, or between number of votes cast in favor of and opposed to any constitutional amendment, question or issue.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Recounts may not be requested in this state.
  • Who pays for a requested recount?
    • Recounts may not be requested in this state.
  • Is a refund available for requested recount costs?
    • Not applicable. State law does not allow requested recounts.
  • Can a partial recount be requested?
    • No.

South Carolina recount procedures

Automatic recount procedures

South Carolina requires automatic recounts under the following circumstances:

“

Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidate not declared so nominated or elected or whenever the difference between the number of votes received by a candidate who received the least number of votes to qualify for a runoff election and a candidate or candidates who did not so qualify shall be not more than one percent of the total votes which were cast for such office therein, the committee or board charged by law with canvassing such votes shall order a recount of such votes to be made forthwith unless such other candidate or candidates shall waive a recount in writing.

Whenever the difference between the number of votes cast in favor of and opposed to any constitutional amendment, question or other issue is not more than one percent of the total cast thereon, the Board of State Canvassers shall order a recount of such votes to be made forthwith.[2]

”
—South Carolina Code of Laws

Requested recount procedures

South Carolina does not allow requested recounts.

For more information about recount procedures in South Carolina, click here.

South Carolina voting equipment

See also: Voting methods and equipment by state

South Carolina uses Direct Recording Electronic (DRE) ballot systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the Election Assistance Commission, in a VVPAT system, "the voter can directly compare the electronic summary screen of the voting machine with the printed paper audit record" to verify their vote is counted correctly.[3][4]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.

As of July 2024, state law in 48 states included a recount provision, automatic recounts are possible in 27 states, and requested recounts are possible in 43 states.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.

As of July 2024, the requester of a recount pays for the recount in 23 states, the state pays in six states, and in 12 states it depends on the circumstances of the election or the recount. In 27 states a refund may be available for a requested recount, in 12 states a refund depends on the circumstances of the recount, and in four states no refund is available. Requested recounts are not possible in the remaining seven states. In 28 states a partial recount may be requested.


State legislation

The table below lists bills related to recounts introduced during (or carried over to) South Carolina's regular legislative session this year. The following information is included for each bill:

  • State
  • Bill number
  • Official bill name or caption
  • Most recent action date
  • Legislative status
  • Sponsor party
  • Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.


See also

Footnotes

  1. ↑ South Carolina State Legislature, "7-17-0280," accessed April 19, 2024
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 19, 2024
  4. ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed April 19, 2024
  5. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
  6. ↑ A court may order a recount under Arizona law.
  7. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  8. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  9. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  10. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  11. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  12. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  13. ↑ No mention in state law.
  14. ↑ No mention in state law.
  15. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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