State Summary
Taxpayer-funded recounts are initiated automatically whenever the difference between two candidates or votes in favor or opposed to a ballot initiative is less than 1% of the total votes cast. Losing candidates (but not losers of the ballot initiative contest) may waive the recount, otherwise it is ordered “forthwith.” While there is no statute addressing the counting method (updated since the state changed its election equipment), the South Carolina State Election Commission indicated to Citizens for Election Integrity Minnesota that a recount would be conducted by re-scanning and re-tabulating all ballots cast (on ballot scanners) for the office being recounted.
Counting Method
Retabulation only
In 2019, South Carolina transitioned its voting equipment from direct recording electronic devices to the use of ballot marking devices (BMDs). There are currently no statutes or rules that specify the counting method for recounts of BMD ballots; however, the South Carolina State Election Commission indicated to Citizens for Election Integrity Minnesota that a recount would be conducted by re-scanning and re-tabulating all ballots cast (on ballot scanners) for the office being recounted.
Initiating Mechanisms
Close vote margin
Close Vote Margin Options
Less than or equal to 1%
Initiated automatically
Taxpayer-funded recounts are initiated automatically whenever the difference between the number of votes received by a candidate who has been declared nominated for office in a primary election or who has been declared elected to office in a general election and the number of votes received by any other candidate (or candidate not declared so nominated or elected) is not more than 1% of the total votes cast for such office therein. S.C. Code § 7-17-280. In such a case, the committee or board charged by law with canvassing the votes orders a recount of such votes to be made “forthwith unless such other candidate or candidates shall waive a recount in writing.” S.C. Code § 7-17-280.
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 1% of the total cast thereon, the Board of State Canvassers orders a recount of such votes to be made “forthwith.” S.C. Code § 7-17-280.
If the difference between the vote totals is more than 1%, there is no option in state law for a recount.
The Municipal Election Commission Handbook states that a recount is not conducted on election night. Municipal Association of South Carolina & South Carolina State Election Commission, Municipal Election Commission Handbook 21 (2017). A recount cannot be conducted until it is officially ordered at the canvass and certification meeting of the Municipal Election Commission. According to S.C. Code § 7-17-280, recounts are conducted “forthwith.”
Candidate-Initiated Options
South Carolina's statute does not provide for recounts initiated by candidates.
Voter-Initiated Options
South Carolina's statute does not provide for recounts initiated by voters.
Cost for Candidate-Initiated Recounts
No guidance
South Carolina's statute does not address who covers the cost of recounts.
Cost for Voter-Initiated Recounts
No guidance
South Carolina's statute does not address who covers the cost of recounts.
Challengers and Observers
No guidance
As of 2022, poll watchers are allowed to remain in a polling place after the polls close and may observe the processing of the ballots and the sealing of the containers. S.C. Code § 7-13-1420. Although “witnesses” are not allowed in the polling place, they may file certificates of appointment at the proper counting station after the polls close and may observe all functions there. S.C. Code § 7-13-1440.
The South Carolina State Election Commission indicated to Citizens for Election Integrity Minnesota that the public is allowed to observe the recount and that there is no challenging of interpretation of voter intent; instead, when interpretation of a hand-marked ballot occurs, it is done publicly, and there is a record of the original ballot and the interpreted ballot. S.C. Code § 7-13-860 details rules for partisan and non-partisan polling place “watchers,” who may observe the “entire election process” at the polling place in which they are certified, so long as it’s within the county where they are eligible to vote. See also South Carolina Election Commission, Poll Manager’s Handbook (2024), passim.
The Municipal Election Commission Handbook states that Commission "must post a public notice 24 hours before meeting." Municipal Association of South Carolina & South Carolina State Election Commission, Municipal Election Commission Handbook 21 (2017).
Rules for Determining Voter Intent
Beginning in 2020, nearly all in-person South Carolina voters mark their ballots with a ballot marking device. For hand marked paper ballots such as absentee, provisional, or emergency ballots, the following counting rules apply.
If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office; but this shall not vitiate the ballot, so far as properly marked . . . S.C. Code § 7-13-1120. Voter intent for write-in votes is determined by S.C. Code § 7-15-750.
The South Carolina Election Commission’s Poll Managers Handbook explains that votes “must be counted when there is reasonable certainty as to the voter’s intent in choice of candidate or answer to a question. The determination of a voter’s choice is sometimes a difficult task. The voter may make unclear marks making determining how the voter intended to vote difficult. Managers are required to exercise their best judgment as to how the voter intended to cast their ballot. If it is impossible to tell how the voter intended to vote in a particular contest, no vote can be counted for that contest, but votes may be counted for other contests on the ballot.”
Resources
S.C. Code § 7-17-280
S.C. Code § 7-13-1120
S.C. Code § 7-13-1420
S.C. Code § 7-13-1440
S.C. Code § 7-15-750
Additional Resources
South Carolina Election Commission, Poll Manager’s Handbook (2024)
Municipal Association of South Carolina & South Carolina State Election Commission, Municipal Election Commission Handbook (2017)