
Help
State Plan
Help
State Plan
Marci Andino, Executive Director

Contents........................................................................................................................ 4
Executive Summary by the Executive Director......................................... 4
Introduction................................................................................................................ 6
1. Meeting Title III Requirements and Other Activities............................ 9
1.1 Current Status................................................................................................. 9
1.2 Voting System Options Considered...................................................... 11
1.3 Voting System Standards........................................................................... 14
1.4 Provisional Voting & Voting Information Requirements........... 17
1.5 Computerized Statewide Voter Registration List & Voters Who
Register by Mail........................................................................................................................................ 20
2. Payment Distribution and Monitoring...................................................... 31
3. Provision for Education and Training...................................................... 33
3.1 Training for Election Officials............................................................... 33
3.2 Training for Poll Managers...................................................................... 34
3.3 Training for Voters....................................................................................... 35
3.4 Other Interested Citizens......................................................................... 36
4. Voting System Guidelines and Processes............................................... 37
5. Fund for Administering State Activities.................................................. 38
6. Proposed State Budget................................................................................... 39
7. Maintenance of Prior Year Expenditures............................................... 41
8. Performance Goals and Measures............................................................. 42
9. Administrative Complaint Procedures..................................................... 45
10. Use of Title I Payment...................................................................................... 46
11. Ongoing Management of Plan...................................................................... 47
12. Previous Year Plan............................................................................................ 48
13. Committee.............................................................................................................. 53
Executive Summary by the Executive Director
I am pleased to offer the South Carolina 2004 State Plan for implementing the Help America Vote Act of 2002 (HAVA). This State Plan, developed with the valuable help of the HAVA State Plan Task Force and updated by the HAVA State Plan Advisory Team, establishes a framework for achieving compliance with HAVA.
The new federal law requires each state to develop a long-range
State Plan for HAVA implementation and provides funding to assist the state in
implementation. The South Carolina State
Plan provides a description of current election procedures, outlines how
The State Plan reflects strategic objectives of great importance to every voter in South Carolina: implementation of a statewide uniform electronic voting system, support for disabled voters in every precinct in the State, enhancements to election administration, and training for voters, poll workers, and election officials. Building on current capabilities, the goal is to offer a higher level of service with increased ease of use, convenience, and consistency in every precinct across the State.
The South Carolina State Plan will be accomplished over the
next two years, utilizing approximately $48.5 Million in funding. It will draw on the combined efforts of state
and county organizations and affect every voter in
The State Election Commission (SEC) recognizes the value of
HAVA to
Marci Andino
Executive Director
The South Carolina State Election Commission is tasked with the responsibility of overseeing the voter registration and election processes in the State. The SEC has multiple responsibilities:
¨ Maintaining the State’s computerized statewide voter registration system, which is used to validate registered voters during elections and which also serves as a source for selection of jurors in the state
¨ Providing voter registration and election materials
¨ Printing the lists of registered voters for all elections held in the state
¨
Printing or providing funding for ballots for
all federal offices, statewide offices and constitutional amendments voted on
in
¨ Producing databases and machine ballots for elections in the State conducted using electronic voting systems supported by the State Election Commission
¨
Providing oversight, including assistance and
advisory services to county and municipal election officials for elections in
¨ Training voter registration and election officials
¨ Serving as the State Board of Canvassers after elections to certify election returns, to declare candidates elected, and to hear protests/appeals that may arise
The South Carolina State Election Commission continually looks for ways to improve the election process and to maintain its integrity. Highlighting the ongoing process are recent major SEC initiatives, including 1) the 1999 Statewide Election Summit, and 2) the 2001 Governor’s Task Force on Elections. Important priorities identified through these statewide initiatives include:
¨ Rewrite the current statewide voter registration system
¨ Establish a statewide uniform voting system
The South Carolina State Plan is organized as specified by HAVA and includes the following components, each of which is addressed within this document.
|
HAVA Component |
HAVA Description |
Cross-Reference to HAVA HR3295 |
|
Meeting Title III Requirements and Other Activities |
How the State will use the requirements payment to meet the requirements of title III, and if applicable under Section 251 (a)(2), to carry out other activities to improve the administration of elections. |
Section 254 (a) (1) |
|
Payment Distribution and Monitoring |
How the State will distribute and monitor the distribution of the requirements payment to units of local government or other entities in the State for carrying out the activities described in paragraph (1), including a description of (A) the criteria to be used to determine the eligibility of such units or entities for receiving the payment; and (B) the methods to be used by the State to monitor the performance of the units or entities to whom the payment is distributed, consistent with the performance goals and measures adopted under paragraph(8). |
Section 254 (a) (2) |
|
Provision for Education and Training |
How the State will provide for programs for voter education, election official education and training, and poll worker training which will assist the State in meeting the requirements of title III. |
Section 254 (a) (3) |
|
Voting System Guidelines and Processes |
How the State will adopt voting system guidelines and processes which are consistent with the requirements of section 301. |
Section 254 (a) (4) |
|
Fund for Administering State Activities |
How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities under this part, including information on fund management. |
Section 254 (a) (5) |
|
Proposed State Budget |
The State’s proposed budget for activities under this part, based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, including specific information on (A) the costs of the activities required to be carried out to meet the requirements of title III; (B) the portion of the requirements payment which will be used to carry out activities to meet such requirements; and (C) the portion of the requirements payment which will be used to carry out other activities. |
Section 254 (a) (6) |
|
Maintenance of Prior Year Expenditures |
How the State, in using the requirements payment, will maintain the expenditures of the State for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the State for the fiscal year ending prior to November 2000. |
Section 254 (a) (7) |
|
Performance Goals and Measures |
How the State will adopt performance goals and measures that will be used by the State to determine its success and the success of units of local government in the State in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the State will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met. |
Section 254 (a) (8) |
|
Administrative Complaint Procedures |
A description of the uniform, nondiscriminatory State-based administrative complaint procedures in effect under section 402. |
Section 254 (a) (9) |
|
Use of Title I Payment |
If the State received any payment under title I, a description of how such payment will affect the activities proposed to be carried out under the plan, including the amount of funds available for such activities. |
Section 254 (a) (10) |
|
Ongoing Management of Plan |
How the State will conduct ongoing management of the plan, except that the State may not make any material change in the administration of the law unless the change (A) is developed and published in the Federal Register in accordance with section 255 in the same manner as the State plan; (B) is subject to public notice and comment in accordance with section 256 in the same manner as the State plan; and (C) takes effect only after the expiration of the 30-day period which begins on the date the change is published in the Federal Register in accordance with subparagraph (A). |
Section 254 (a) (11) |
|
Previous Year Plan |
In the case of a State with a State plan in effect under this subtitle during the previous fiscal year, a description of how the plan reflects changes from the State plan for the previous fiscal year and of how the State succeeded in carrying out the State plan for such previous fiscal year. |
Section 254 (a) (12) |
|
Committee |
A description of the committee which participated in the development of the State plan in accordance with section 255 and the procedures followed by the committee under such section and section 256. |
Section 254 (a) (13) |
How the State of South Carolina will use the
requirements payment to meet the requirements of Title III, and, if applicable
under section 251(a)(2), to carry out other activities to improve the
administration of elections.
Voter Registration System
Training
Two types of certification for County Voter Registration Boards and Election Commissions are offered: 1) Voter Registration or Election Commission Members and Directors, and 2) Voter Registration or Election Commission Staff.
By law,
The State Training Coordinator trains municipalities on how to conduct municipal elections.
|
Election System |
County |
|
Danaher Controls 1242 DRE |
Allendale, Bamberg, Barnwell, Berkeley, Charleston, Dorchester, Edgefield, Fairfield, Hampton, Horry, Marion, Spartanburg |
|
MicroVote MV-464 DRE |
|
|
MicroVote Infinity DRE |
|
|
Unilect Patriot DRE |
|
|
ES&S Votronic DRE |
|
|
ES&S Optical Scan System |
Abbeville, Calhoun, |
|
Diebold Optical Scan |
Beaufort |
|
Punch Card |
Aiken, Anderson, Cherokee, Florence, Greenville, Kershaw, Lexington, Oconee, Sumter, York |
|
County |
Voting System |
Absentee System |
# Machines |
# Precincts |
# Reg. Voters as of April 2003 |
|
Abbeville |
Optical Scan |
Optical Scan |
2 |
15 |
15,725 |
|
Aiken |
Punch Card |
Optical Scan |
462 |
73 |
84,777 |
|
Allendale |
DRE |
Optical Scan |
15 |
9 |
6,586 |
|
|
Punch Card |
Punch Card |
650 |
76 |
95,844 |
|
|
DRE |
Optical Scan |
32 |
14 |
10,127 |
|
Barnwell |
DRE |
Paper Ballot |
44 |
16 |
12,300 |
|
Beaufort |
Optical Scan |
Optical Scan |
92 |
78 |
75,486 |
|
|
DRE |
Optical Scan |
181 |
51 |
77,529 |
|
Calhoun |
Optical Scan |
Optical Scan |
2 |
13 |
10,189 |
|
|
DRE |
Optical Scan |
541 |
174 |
196,370 |
|
Cherokee |
Punch Card |
Punch Card |
200 |
34 |
30,963 |
|
|
DRE |
MicroVote |
80 |
23 |
20,576 |
|
|
Optical Scan |
Optical Scan |
1 |
30 |
23,326 |
|
Clarendon |
Optical Scan |
Optical Scan |
60 |
26 |
20,847 |
|
Colleton |
DRE |
Optical Scan |
52 |
33 |
21,067 |
|
|
DRE |
Optical Scan |
121 |
34 |
39,386 |
|
Dillon |
DRE |
Optical Scan |
42 |
21 |
19,170 |
|
|
DRE |
Optical Scan |
152 |
37 |
61,267 |
|
Edgefield |
DRE |
MicroVote |
32 |
12 |
15,211 |
|
|
DRE |
Optical Scan |
30 |
23 |
14,385 |
|
|
Punch Card |
Punch Card |
410 |
64 |
75,569 |
|
|
DRE |
Unilect |
156 |
35 |
35,724 |
|
|
Punch Card |
Punch Card |
1323 |
136 |
233,723 |
|
|
DRE |
Optical Scan |
160 |
34 |
37,006 |
|
|
DRE |
Optical Scan |
36 |
19 |
14,027 |
|
Horry |
DRE |
Optical Scan |
242 |
109 |
130,803 |
|
Jasper |
DRE |
Optical Scan |
46 |
15 |
12,303 |
|
Kershaw |
Punch Card |
Punch Card |
230 |
31 |
35,603 |
|
|
DRE |
Unilect |
130 |
28 |
34,486 |
|
Laurens |
Optical Scan |
Optical Scan |
34 |
35 |
36,847 |
|
Lee |
Optical Scan |
Optical Scan |
2 |
25 |
13,405 |
|
|
Punch Card |
Punch Card |
800 |
69 |
137,923 |
|
|
DRE |
Optical Scan |
60 |
18 |
22,904 |
|
Marlboro |
DRE |
Optical Scan |
41 |
16 |
18,971 |
|
McCormick |
Optical Scan |
Optical Scan |
1 |
11 |
6,812 |
|
Newberry |
DRE |
Unilect |
95 |
31 |
20,835 |
|
|
Punch Card |
Punch Card |
200 |
30 |
39,240 |
|
Orangeburg |
Optical Scan |
Optical Scan |
60 |
54 |
60,296 |
|
Pickens |
DRE |
Optical Scan |
250 |
53 |
60,455 |
|
|
DRE |
Optical Scan |
765 |
111 |
200,855 |
|
|
Optical Scan |
Optical Scan |
1 |
19 |
11,393 |
|
|
DRE |
Punch Card |
245 |
88 |
147,860 |
|
|
Punch Card |
Punch Card |
450 |
53 |
62,011 |
|
|
Optical Scan |
Optical Scan |
1 |
28 |
10,272 |
|
|
Optical Scan |
Optical Scan |
1 |
34 |
23,351 |
|
|
Punch Card |
Punch Card |
689 |
57 |
98,897 |
The Help America
Vote Act of 2002 defines a voting system as follows:
1.
“the
total combination of mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required to program,
control, and support the equipment) that is used (A) to define ballots; (B) to
cast and count votes; (C) to report or display election results; and (D) to
maintain and produce any audit trail information; and”
2.
“the
practices and associated documentation used – (A) to identify system components
and versions of such components; (B) to test the system during its development
and maintenance; (C) to maintain records of system errors and defects; (D) to
determine specific system changes to be made to a system after the initial
qualification of the system; and (E) to make available any materials to the
voter (such as notices, instructions, forms, or paper ballots).”
In addressing the requirements of HAVA, the voting system standards team considered three options in order to meet the mandates. The three options were presented to the entire HAVA State Plan task force for consideration:
¨ Option 1: Upgrade existing systems to meet or exceed HAVA requirements
As indicated above, the myriad
systems currently in use in
¨ Option 2: Electronic voting systems in all counties
This option would require each county to go to a federal and state approved DRE system of their choosing. Although this option would achieve the goals under the HAVA Act, the state would continue to have a variety in the types of equipment it uses.
¨ Option 3: Statewide uniform electronic voting system
This option would provide a uniform system of voting for every county in the state. This option would standardize the election process including voter education in the state, poll worker training, uniformity of Federal and State offices in ballot and machine programming, etc.
Having considered
the various options to comply with HAVA Title III requirements relating to
voting system equipment and based on facts and the pros and cons of the three
options, the entire task force decided on a statewide uniform electronic voting
system to best meet the needs of HAVA and the State of
The following approach will be taken to select a statewide system:
¨ A consultant experienced in conducting needs assessments and writing Requests for Proposal (RFP) will be contracted.
¨ A committee consisting of the State Election Commission, county election commissions and boards of registration, and other stakeholders such as organizations for the disabled, will be assembled to work with consultant to determine the specifications for a statewide system.
¨ State procurement codes and bidding process will be followed for the issuance of the RFP.
¨ An evaluation committee will be assembled for meetings to evaluate vendor responses to the RFP. The membership of the committee will be made up of state and county election officials.
Title III requirements for uniform and non-discriminatory
election technology and administration are specified in HAVA section 301. The chart below takes each of the Voting
Systems Standards and describes
|
|
S.C. Status |
|
||
|
Section 301: Voting System Standards |
Meets Requirement |
Meets Requirement Partially |
New Capability to be Implemented |
Implementation |
|
(a) REQUIREMENTS – Each voting system used in an election for Federal office shall meet the following requirements: |
|
|
|
|
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(1) IN GENERAL – |
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|
|
|
(A) Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall – |
|
|
|
|
|
(i) permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted; |
|
Yes |
Yes |
|
|
(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error), and |
|
Yes |
Yes |
South Carolina will fully meet this requirement when
a statewide uniform electronic voting system is implemented. The RFP for a statewide system will require
the system to allow each voter to make changes based on the information
presented on a review screen. |
|
(iii) if the voter selects votes for more than 1 candidate for a single office – (I) notify the voter that the voter has selected more than 1 candidate for a single office on the ballot; (II) notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and, (III) provide the voter with the opportunity to correct the ballot before the ballot is cast and counted. |
|
Yes |
Yes |
South Carolina will fully meet this requirement when a statewide uniform electronic voting system is implemented. The RFP for a statewide system will require that the system not allow a voter to choose more than one candidate for a single office. |
|
(B) A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots), may meet the requirements of subparagraph (A)(iii) by – |
|
|
|
|
|
(i) establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and |
|
Yes |
Yes |
South
Carolina partially meets this requirement.
When a statewide uniform electronic voting system is implemented
instructions specific to that voting system will be developed. These instructions will be given to each
voter in written form. In addition,
absentee ballots will be accompanied by written instructions that address
this requirement. |
|
(ii) providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error). |
|
Yes |
Yes |
South
Carolina partially meets this requirement.
When a statewide uniform electronic voting system is implemented
instructions specific to that voting system will be developed. These instructions will be given to each
voter in written form. In addition, absentee ballots will be
accompanied by written instructions that address this requirement. |
|
(C) The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot. |
|
Yes |
Yes |
Instructions mentioned in B(ii) will be posted inside the polling place and inside the voting booth. |
|
(2) AUDIT CAPACITY – |
|
|
|
|
|
(A) IN GENERAL – The voting system shall produce a record with an audit capacity for such system. |
|
Yes |
Yes |
South Carolina will meet this requirement when a statewide uniform electronic voting system is implemented. The RFP for a statewide system will require the system to produce such an audit capacity. |
|
(B) MANUAL AUDIT CAPACITY – |
|
|
|
|
|
(i) The voting system shall produce a permanent paper record with a manual audit capacity for such system. |
|
Yes |
Yes |
South Carolina will meet this requirement when a statewide uniform electronic voting system is implemented. The RFP for a statewide system will require that the system produce an image of each vote cast; however, these votes will not be associated with any particular voter. |
|
(ii) The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced. |
|
Yes |
Yes |
South Carolina will meet this requirement when a statewide uniform electronic voting system is implemented. |
|
(iii) The paper record produced under subparagraph (A) shall be available as an official record for any recount conducted with respect to any election in which the system is used. |
|
|
Yes |
South
Carolina will meet this requirement when a statewide uniform electronic
voting system is implemented. County election officials shall be instructed to retain and secure the paper record in the event that a recount to be conducted with such record is ordered. |
|
(3) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES – The voting system shall – |
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|
|
|
|
(A) be accessible for individuals with disabilities, including non-visual accessibility for the blind and visually impaired, in manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; |
|
|
Yes |
South
Carolina will meet this requirement when a statewide uniform electronic
voting system is implemented. The RFP for a statewide system will require
that the system be accessible to as many disabilities as possible, including
the blind and visually impaired. If a county in this State chooses not to
participate in the statewide uniform electronic voting system, the county
will receive funding to purchase 1 direct recording electronic voting system
or other voting system equipped for individuals with disabilities at each
polling place by |
|
(B) satisfy the requirement of subparagraph (A) through the use of at least 1 direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and |
|
|
Yes |
South
Carolina will meet this requirement when a statewide uniform electronic
voting system is implemented. The RFP
for a statewide system will request at least one voting unit per precinct to
be equipped for individuals with disabilities as outlined above. If a county in this State chooses not to
participate in the statewide uniform electronic voting system, the county
will receive funding to purchase 1 direct recording electronic voting system
or other voting system equipped for individuals with disabilities at each
polling place by |
|
(C) if purchased with funds made available under Title II on or after
January 1, 2007, meet the voting system standards for disability access |
|
|
|
Does not apply at
this time |
|
(4) ALTERNATIVE LANGUAGE ACCESSIBILITY – The voting system shall provide alternative language accessibility pursuant to the requirements of section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a). |
Yes |
|
Yes |
South Carolina currently meets this requirement. While South Carolina is not required, based on the 2000 census and the Voting Rights Act of 1965, to provide alternative language to any jurisdiction in the State, the RFP for a statewide system will require this feature in the event that the State chooses to provide this feature to its voters. |
|
(5) Error Rates – The error rate of the voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission which are in effect on the date of the enactment of this Act. |
|
|
Yes |
South Carolina will meet this requirement when a statewide uniform electronic voting system is implemented. The RFP for a statewide system will require that the system chosen be State Certified which includes certification by an Independent Testing Authority (ITA) as having met or exceeded federal voting system standards as required by the S.C. 1976 Code of Laws. |
|
(6) UNIFORM DEFINITION OF WHAT CONSTITUTES A VOTE – Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State. |
|
|
Yes |
South Carolina will meet this requirement when a statewide uniform electronic voting system is implemented. The State will define a legal vote in a uniform manner for the type of system chosen as the statewide system. In addition, the State will define a legal vote as it pertains to absentee ballots. |
The chart below takes each of the Provisional Voting and Voting Information requirements and describes South Carolina’s plan to meet the requirement.
|
|
S.C. Status |
|
||
|
Section 302: Provisional Voting and Voting Information Requirements |
Meets Requirement |
Meets Requirement Partially |
New Capability to be Implemented |
Implementation |
|
(a) PROVISIONAL VOTING REQUIREMENTS – If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual shall be permitted to cast a provisional ballot as follows: |
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|
|
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(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. |
Yes |
|
|
South Carolina currently meets this requirement. South Carolina legislation requires that voters who have moved and neglected to change their address will have the opportunity to vote using the Failsafe procedure. Also, legislation is in place to accommodate voters who are challenged. |
|
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is (a) registered voter in the jurisdiction in which the individual desires to vote; and (b) eligible to vote in that election. |
Yes |
|
|
South
Carolina currently meets this requirement.
Each voter signs an oath with this language before receiving a ballot. |
|
(3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). |
Yes |
|
|
South Carolina currently meets this requirement. The voter’s ballot is placed in a provisional ballot envelope which contains various information about the voter. |
|
(4) If the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under State law to vote, the individual’s provisional ballot shall be counted as a vote in that election in accordance with State law. |
Yes |
|
|
South Carolina currently meets this requirement. Information contained on the provisional ballot envelope used by local election officials to determine the validity of the voter is reported at a certification hearing within three days after the election. If the vote is determined to be valid it is counted at the certification hearing. |
|
(5) (A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (B) whether the vote was counted, and, if the vote was not counted, that reason that the vote was not counted. |
Yes |
|
|
When a voter casts a provisional ballot, that ballot will be placed in a provisional ballot envelope. Written instructions will be given to the voter on determining whether their vote was counted in the election. |
|
(B) The appropriate State or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. |
Yes |
|
|
A website application allows the voter to determine whether their vote was counted or, if their vote was not counted, the reason it was not counted. A toll-free telephone number was installed at the State Election Commission for voters to call and determine if their vote was counted and, if their vote was not county, the reason it was not counted. This number is 1-877-728-6846 |
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(b) VOTING INFORMATION REQUIREMENTS – |
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(1) PUBLIC POSTING ON ELECTION DAY – The appropriate State or local election official shall cause voting information to be publicly posted at each polling place on the day of each election for Federal office. |
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|
See (2) below for public posting of specific voting information. |
|
(2) VOTING INFORMATION DEFINED – In this section, the term “voting information” means – |
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|
|
(A) a sample version of the ballot that will be used for that election; |
Yes |
|
|
South Carolina currently meets this requirement. Poll managers at each polling place are required to display a sample ballot of each ballot in the respective election. |
|
(B) information regarding the date of the election and the hours during which polling places will be open; |
Yes |
|
|
South Carolina currently meets this requirement. This information is currently listed on a Voter’s Rights and Responsibilities poster which is displayed at each polling location. |
|
(C) instructions for how to vote, including how to cast a vote and how to cast a provisional ballot; |
Yes |
|
|
South Carolina meets this requirement. Instructions for all voting systems currently in use are provided at the polling locations. A poster of the voter’s bill of rights is displayed. Provisional ballot instructions are included in this bill of rights. |
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(D) instructions for mail-in registrants and first-time voters under section 303(b); |
Yes |
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South Carolina currently meets this requirement by providing written instructions to these voters. |
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(E) general information on voting rights under applicable Federal and State laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and |
Yes |
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South Carolina currently meets this requirement by posting a Voter Rights and Responsibilities poster at every polling location. |
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(F) general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation. |
Yes |
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This information has been added to our current Voter Rights and Responsibilities poster. |
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(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE – Any individual who votes in an election for Federal office as a result of a Federal or State court order or any other order extending the time established for closing the polls by a State law in effect 10 days before the date of that election may only vote in that election by casting as provisional ballot under subsection (a). Any such ballot cast under the preceding sentence shall be separated and held apart from other provisional ballots cast by those not affected by the order. |
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|
Yes |
South Carolina will establish a procedure for provisional ballots cast by voters in accordance with a court order extending the time established for closing the polls. |
The chart below takes each of the requirements for the Computerized Statewide Voter Registration List and for Voters Who Register by Mail and describes South Carolina’s plan to meet the requirement.
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S.C. Status |
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Section 303: Computerized Statewide Voter Registration List and Voters Who Register by Mail |
Meets Requirement |
Meets Requirement Partially |
New Capability to be Implemented |
Implementation |
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(a)
COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS |
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(1) IMPLEMENTATION – |
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(A) IN GENERAL – Each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each legally registered voter in the State (in this subsection referred to as the “computerized list”), and includes the following: |
Yes |
|
|
South
Carolina currently meets this requirement.
A statewide voter registration system has been used in the State since
1968. SC currently maintains a single, uniform, official, centralized, interactive computerized statewide voter registration system at the state level. All 46 counties are connected to the statewide voter registration system. Additions and changes made by the county offices and State office to the voter registration file are interactive. |
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(i) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the State. |
Yes |
|
|
South
Carolina currently meets this requirement.
The statewide voter registration system is housed at the State data
center in Columbia and maintained by the State Election Commission. The State Election Commission provides an official list of registered voters for each election held in South Carolina. |
|
(ii) The computerized list contains the name and registration information of every legally registered voter in the State. |
Yes |
|
|
South Carolina
currently meets this requirement. Computerized
list contains name, address, SS#, date of birth,
precinct, and election districts for every legally registered voter in |
|
(iii) Under the computerized list, a unique identifier is assigned to each legally registered voter in the State. |
Yes |
|
|
South
Carolina currently meets this requirement.
The system assigns each voter a unique registration number at the time
they register to vote. |
|
(iv) The computerized list shall be coordinated with other agency databases with the State. |
Yes |
|
|
South
Carolina currently meets this requirement. DMV, DSS, and other state agency databases are coordinated through Motor Voter processes. The counties access a file received on a weekly basis from these agencies to approve applications made through NVRA. |
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(v) Any election official in the State, including any local election official, may obtain immediate electronic access to the information contained in the computerized list. |
Yes |
|
|
South
Carolina currently meets this requirement. All local and state election officials have access to this file. Each local election official is assigned a USERID and password that must be used to access the official file of registered voters. Voters can also inquire via the SEC website to look at their own record to check status, address, election districts, and polling place by keying in their name and date of birth. |
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(vi) All voter registration information obtained by any local election official in the State shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official. |
Yes |
|
|
South
Carolina currently meets this requirement. Local election officials have access to database constantly to enter new voter registrations or updates to voter’s record on a real time basis. |
|
(vii) The chief State election official shall provide such support as may be required so that local election officials are able to enter information as described in clause (vi). |
Yes |
|
|
South Carolina
currently meets this requirement. Local voter registration officials have access to the official file on a continuous basis. Technical support is provided through staff at the State Election Commission and a Help Desk. |
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(viii) The computerized list shall serve as the official voter registration list for the conduct of all elections for Federal office in the State. |
Yes |
|
|
South
Carolina currently meets this requirement. The State Election Commission currently prints and sends the official list of registered voters to the county for use in all elections that are held in the State. |
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(B) EXCEPTION – The requirement under subparagraph (A) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. |
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Does not apply. South Carolina requires potential voters to register to vote. |
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(2) COMPUTERIZED LIST MAINTENANCE – |
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(A) IN GENERAL – The appropriate State or local election official shall perform list maintenance with respect to the computerized list on a regular basis as follows: |
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(i) If an individual is to be removed from the computerized list, such individual shall be removed in accordance with the provisions of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2), (d), and (e) of section 8 of such Act (42 U.S.C. 1973gg-6). |
Yes |
|
|
South
Carolina currently meets this requirement. The State Election Commission is the only one authorized to remove names from the official list of registered voters. |
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(ii) For purposes of removing names of ineligible voters from the official list of eligible voters – |
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(I) under section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg-6(a)(3)(B)), the State shall coordinate the computerized list with State agency records on felony status; and |
Yes |
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South
Carolina currently meets this requirement. Felony records are removed by the State upon notification from courts of felony convictions on a monthly basis. |
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(II) by reason of the death of the registrant under section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg-6(a)(4)(A)), the State shall coordinate the computerized list with State agency records on death |
Yes |
|
|
South
Carolina currently meets this requirement. Deaths are removed by the State upon notification from DHEC on a monthly basis. |
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(iii) Notwithstanding the preceding provisions of this paragraph, if a State is described in section 4(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2(b)), that State shall remove the names of ineligible voters from the computerized list in accordance with State law. |
Yes |
|
|
South
Carolina currently meets this requirement. In accordance with the NVRA of 1993, a confirmation card policy is in effect and appropriate voters are removed as required. |
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(B) CONDUCT – The list maintenance performed under subparagraph (A) shall be conducted in a manner that ensures that – |
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|
(i) the name of each registered voter appears in the computerized list; |
Yes |
|
|
South Carolina currently meets this requirement. |
|
(ii) only voters who are not registered or who are not eligible to vote are removed from the computerized list; and |
Yes |
|
|
South
Carolina currently meets this requirement. Name, SS#, and date of birth verified on each voter before name removed from voter registration file. |
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(iii) duplicate names are eliminated from the computerized list. |
Yes |
|
|
South
Carolina currently meets this requirement. State Election Commission performs quarterly comparison using SS# and date of birth. A report is generated listing all duplicate records. This report is distributed to County Registration Boards for confirmation before names are actually deleted by State Election Commission. |
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(3) TECHNOLOGICAL SECURITY OF COMPUTERIZED LIST – The appropriate State or local official shall provide adequate technological security measures to prevent the unauthorized access to the computerized list established under this section. |
Yes |
|
|
South
Carolina currently meets this requirement. Old System:
This IDMS mainframe system is secured by RACF. It is deployed over a SNA network or by
EZ3270 TCP/IP emulator over the internet.
The transmission of data is encrypted. New System: The users of this web application will be authenticated by an LDAP server. Each user will be assigned a unique USERID and password. The application is deployed over a secured Internet connection using HTTPS. |
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(4) MINIMUM STANDARD FOR
ACCURACY OF STATE VOTER REGISTRATION RECORDS – The State election system
shall include provisions to ensure that voter registration records in the
State are accurate and are updated regularly, including the following: |
Yes |
|
|
South
Carolina currently meets this requirement. |
|
(A) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under such system, consistent with the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), registrants who have not responded to a notice and who have not voted in 2 consecutive general elections for Federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote. |
Yes |
|
|
South
Carolina currently meets this requirement. South Carolina has a confirmation mailing procedure consistent with the National Voter Registration Act of 1993. |
|
(B) Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters. |
Yes |
|
|
South
Carolina currently meets this requirement. Name, SS#, and date of birth are compared on each voter before removal. |
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(5) VERIFICATION OF VOTER REGISTRATION INFORMATION – |
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(A) REQUIRING PROVISION OF CERTAIN INFORMATION BY APPLICANTS – |
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(i) IN GENERAL – Except as provided in clause (ii), notwithstanding any other provision of law, an application for voter registration for an election for Federal office may not be accepted or processed by a State unless the application includes – |
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(I) in the case of an applicant who has been issued a current and valid driver’s license, the applicant’s driver’s license number; or |
Yes |
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|
SC law requires full Social Security Number and does not accept the driver’s license number as a valid alternative. |
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(II) in the case of any other applicant (other than an applicant to whom clause (ii) applies), the last 4 digits of the applicant’s social security number. |
Yes |
|
|
South
Carolina currently meets this requirement. SC requires
full Social Security Number. |
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(ii) SPECIAL RULE FOR APPLICANTS WITHOUT DRIVER’S LICENSE OR SOCIAL SECURITY NUMBER – If an applicant for voter registration for an election for Federal office has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the extent that the State has a computerized list in effect under this subsection and the lists assigns unique identifying numbers to registrants, the number assigned under this clause shall be the unique identifying number assigned under the list. |
Yes |
|
|
SC law
requires full Social Security Number. Our voter
registration system assigns a voter registration number to each applicant
that is unique to each voter. |
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(iii) DETERMINATION OF VALIDITY OF NUMBERS PROVIDED – The State shall determine whether the information provided by an individual is sufficient to meet the requirements of this subparagraph, in accordance with State law. |
Yes |
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|
South Carolina currently meets this requirement. |
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(B) REQUIREMENTS FOR STATE OFFICIALS – |
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(i) SHARING INFORMATION IN DATABASES – The chief State election official and the official responsible for the State motor vehicle authority of a State shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration. |
Yes |
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Not
applicable in |
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(ii) AGREEMENTS WITH COMMISSIONER OF SOCIAL SECURITY – The official responsible for the State motor vehicle authority shall enter into an agreement with the Commissioner of Social Security under section 205(r)(8) of the Social Security Act (as added by subparagraph (C)). |
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Not applicable in South Carolina because the entire social security number is required by State law, and thus the State falls under (D) Special Rule for Certain States. |
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(C) ACCESS TO FEDERAL INFORMATION – |
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South
Carolina requires the full social security number by State law. |
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(D) SPECIAL RULE FOR CERTAIN STATES – In the case of a State which is permitted to use social security numbers, and provides for the use of social security numbers, on applications for voter registration, in accordance with section 7 of the Privacy Act of 1974, the provisions of this paragraph shall be optional. |
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South
Carolina requires the full social security number by State law. |
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(b) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL – |
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(1) IN GENERAL – Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) and subject to paragraph (3), a State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of paragraph (2) if – |
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(A) the individual registered to vote in a jurisdiction by mail; and |
Yes |
|
|
South Carolina currently meets this requirement. |
|
(B)(i) the individual has not previously voted in an election for federal office in the State; or |
Yes |
|
|
South Carolina currently meets this requirement. |
|
(ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a State that does not have a computerized list that complies with the requirements of subsection (a). |
Yes |
|
|
South Carolina currently meets this requirement. |
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(2) REQUIREMENTS – |
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(A) IN GENERAL – An individual meets the requirements of this paragraph if the individual – |
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(i) in the case of an individual who votes in person – |
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(I) presents to the appropriate State or local election official a current and valid photo identification; or |
Yes |
|
|
South Carolina currently meets this requirement. Each voter is required to present one form of ID when voting in person: valid SC driver’s license with current address, or photo ID issued by DMV with current address, or as shown below, a voter registration certificate. |
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(II) presents to the appropriate State or local election official a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter; or |
Yes |
|
|
South Carolina law permits the presentation of one specific government document – the voter registration certificate - to identify the voter. |
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(ii) in the case of an individual who votes by mail, submits with the ballot – |
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|
(I) a copy of a current and valid photo identification; or. |
Yes |
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|
(II) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. |
Yes |
|
|
South Carolina law permits the presentation of one specific government document – the voter registration certificate - to identify the voter. |
|
(B) FAIL-SAFE VOTING – |
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(i) IN PERSON – An individual who desires to vote in person, but who does not meet the requirements of subparagraph (A)(i), may cast a provisional ballot under section 302(a). |
Yes |
|
|
South
Carolina currently meets this requirement. SC provides provisional ballots at each precinct. |
|
(ii) BY MAIL – An individual who desires to vote by mail, but who does not meet the requirements of subparagraph (A)(ii), may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a). |
Yes |
|
|
South
Carolina currently meets this requirement. SC provides
provisional ballots for this purpose.
The ballots are placed in a provisional envelope and kept separate
from other absentee ballots until they are counted. |
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(3) INAPPLICABILITY – Paragraph (1) shall not apply in the case of a person – |
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(A) who registers to vote by mail under section 6 of the National Voter Registration Act of 1993 and submits as part of such registration either |
Yes |
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|
South
Carolina currently meets this requirement. |
|
(i) a copy of a current and valid photo identification; or |
Yes |
|
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|
(ii) a copy of a current utility bill, bank statement, government check, pay check, or government document that shows the name and address of the voter; |
Yes |
|
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|
(B)(i) who registers to vote by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) and submits as part of such registration either – |
Yes |
|
|
South Carolina currently meets this requirement. |
|
(I) a driver’s license number; or |
Yes |
|
|
SC law
requires full Social Security Number and does not accept the driver’s license
number as a valid alternative. |
|
(II) at least the last 4 digits of the individual’s social security number; and |
Yes |
|
|
South
Carolina currently meets this requirement. SC requires applicant’s complete SS# on all applications. |
|
(ii) with respect to whom a State or local election official matches the information submitted under clause (i) with an existing State identification record bearing the same number, name and date of birth as provided in such registration; or |
Yes |
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|
(C) who is – |
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|
(i) entitled to vote by absentee ballot under the Uniformed and Oversea Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.); |
Yes |
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|
(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); or |
Yes |
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|
(iii) entitled to vote otherwise than in person under any other Federal law. |
Yes |
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|
(4) CONTENTS OF MAIL-IN REGISTRATON FORM – |
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(A) IN GENERAL – The mail voter registration form developed under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) shall include the following: |
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|
(i) The question “Are you a citizen of the United States of America?” and boxes for the applicant to check to indicate whether the applicant to check to indicate whether the applicant is or is not a citizen of the United States. |
Yes |
|
|
This
question appears on all voter registration applications used in |
|
(ii) The question “Will you be 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be 18 years of age or older on election day. |
Yes |
|
|
This
question appears on all voter registration applications used in |
|
(iii) The statement “If you checked ‘no’ in response to either of these questions, do not complete this form”. |
Yes |
|
|
This statememt appears on all voter registration applications
used in |
|
(iv) A statement informing the individual that if the form is submitted by mail and the individual is registering for the first time, the appropriate information required under this section must be submitted with the mail-in registration form in order to avoid the additional identification requirements upon voting for the first time. |
Yes |
|
|
This statememt appears on all voter registration applications
used in |
|
(B) INCOMPLETE FORMS – If an applicant for voter registration fails to answer the question included on the mail voter registration form pursuant to subparagraph (A)(i), the registrar shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for Federal office (subject to State law). |
Yes |
|
|
Standard procedure is that all county offices will notify voters that their application was incomplete and give them a period of time to submit missing information. |
|
(c) PERMITTED USE OF LAST 4 DIGITS OF SOCIAL SECURITY NUMBERS – The last 4 digits of a social security number described in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a social security number for purposes of section 7 of the Privacy Act of 1974 (5U.S.C. 522a note). |
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(d) EFFECTIVE DATE – |
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How the State of South Carolina will distribute and
monitor the distribution of the requirements payment to units of local
government or other entities in the State for carrying out the activities
described in “1. Meeting Title III Requirements and Other Activities,”
including a description of the criteria to be used to determine the eligibility
of such units or entities for receiving the payment; and the methods to be used
by the State to monitor the performance of the units or entities to whom the
payment is distributed, consistent with the performance goals and measures
adopted under “8. Performance Goals and Measures.”
Eligibility of Local Units to Receive the Payment
The State Election Commission will centrally manage the initiatives funded through HAVA. The SEC will be responsible for accounting for all expenditures, funding levels, program controls, and outcomes.
The SEC will implement HAVA by providing equipment, supplies, services, and training programs and materials to the counties. All counties in South Carolina will be beneficiaries of the improvements funded by HAVA:
¨ As part of the statewide uniform voting system, counties will receive one voting unit for every 200 registered voters.
- Counties who used vote recorders during November 2000 and have since replaced them with HAVA Section 301 compliant electronic voting systems are eligible for reimbursement[1] of the voting system costs if:
1. The county adopts the statewide voting system and,
2. Excess
funds designated for the implementation of a statewide voting system are available
after implementation of all phases referenced
in section 6. Proposed State Budget
♦
If a
county in this State chooses not to participate in the statewide uniform
electronic voting system, the county will receive funding to purchase 1 direct
recording electronic voting system or other voting system equipped for
individuals with disabilities at each polling place by
¨ Education programs will be developed by the SEC for county election commissions and boards of registration and staff.
¨ Training programs and materials will be developed by the SEC and distributed to county election commissions to conduct consistent Poll Manager training.
¨ Voter education programs and materials will be developed by the SEC and distributed to county election commissions and boards of registration.
Performance Measures for Local Units
Funds will be centrally managed. The SEC will monitor the performance of each initiative that is funded by requirements payments in the following areas:
¨ Financial Controls: Working with the State Budget Office, State Treasurer, and State Comptroller General, SEC will develop and use standard financial reporting for all initiatives funded by HAVA. SEC will be prepared for periodic federal audits.
¨ Compliance with Standards: SEC will develop and use standard program management reporting for all initiatives that are funded by HAVA. The State Auditor’s Office will also conduct a statewide single audit to ensure that the SEC complies with all Federal laws, regulations and program compliance requirements.
¨ Program Results: SEC will develop key performance indicators for each initiative funded by HAVA. See Component 8: Performance Goals and Measures for specific goals and measures.
How the State of South Carolina will provide for
programs for voter education, election official education and training, and
poll worker training which will assist the State in meeting the requirements of
Title III.
As mandated by South Carolina law, the SEC currently administers a statewide election official training and certification program. This program provides professional development courses related to the voter registration and election community to all members and staff of the County Voter Registration Boards and Election Commissions.
To receive certification, a voter registration or election official or staff member must complete required components, including core components and electives, within 18 months of their appointment or date of hire. Following initial certification, each official must take at least one training course each year to remain certified.
Two types of certification are offered:
¨ Voter Registration or Election Commission Members and Directors
This certification requires completion of three core courses (Duties of Voter Registration Board, Duties of Election Commission, Budgeting/Reimbursement of Election Expenses), two voter registration/election electives, and two additional electives.
¨ Voter Registration or Election Commission Staff
This certification requires completion of two core courses (Absentee Registration/Balloting, Office Procedures), two voter registration/election electives, and one additional elective.
Various components are offered each quarter throughout the year. Components are held in Columbia, regionally and in conjunction with an annual conference for voter registration and election officials.
Note: since South
Carolina law defines “Poll Workers” as “Poll Managers,” this section refers to
Poll Managers, instead of Poll Workers.
As mandated by South Carolina law, training for Poll
Managers is a county responsibility. In
accordance with
Every Poll Manager will be certified using a standardized training and testing program. This training and testing program will be developed by the SEC and various county election officials. Recertification will be required prior to each statewide primary or general election.
The following topics will receive special focus in the standardized training and testing program:
¨ Basic state and federal laws and processes governing elections
¨ Operating the voting system
¨ Intensive training on provisional ballots
¨ Sensitivity training for processing for all voters with emphasis on those who need special assistance (Illiteracy, Non-English speakers / readers)
¨ The rights of people with disabilities, the required accessibility of polling places to people with disabilities, and how to facilitate people with different disabilities
¨ Procedures to verify that the voter is in the correct precinct and to direct the voter to correct precinct, if needed
Testing will be “open book” to reflect the reality that poll managers are permitted to search provided handbooks for information needed to address situations at the polls.
Certification training will be conducted year round at different times of day and on different days of the week. The state’s technical colleges and public television system may also be used to present training sessions. Training materials developed by the state will include a demonstration video, presentation material, and a Poll Manager handbook. Materials will be available through the SEC website. Certified managers will receive both a certificate and a badge.
Persons with disabilities will be encouraged to become poll managers.
Expanded voter training will be part of the implementation of the HAVA State Plan. The SEC will produce voter training material, and the counties will coordinate implementation of voter training.
When a statewide uniform electronic voting system is implemented, it will be important to get visibility and generate voter interest. A brochure and a video will be developed to promote the voting system as simple to operate, to encourage the voter to participate on Election Day, and to provide instructions on updating voter registration information. The brochure should be printed in sufficient quantities to use as handouts at voter registration offices, drivers license offices, and other government facilities. Also, the brochure and the video should be published on the website.
On an on-going basis, a concerted effort should be made to educate voters about referenda before they go into the voting booth.
Special effort will be made to reach voters with disabilities and let them know how much easier it will be to vote with the new system and improvements in the polling places. It is critical that voter information, including publications and brochures, be made available through communication vehicles that are accessible and frequently used by people with disabilities, for example:
¨ A well-designed fully accessible website
¨ E-Mail to distribution lists provided by selected disability groups (statewide cross-disability organizations can help identify disability groups)
¨ Non-profit organizations and other non-governmental organizations
¨ State agencies that work with the disability community
South Carolina
County Election Commissions are encouraged to participate in mock elections and
other voter education programs such as conducting elections in schools. Mock elections are a way to educate students
and their families and to recruit and train high school students as Poll
Managers.
County Election Commissions will be encouraged to demonstrate the voting system at public locations prior to an election. These demonstrations are opportunities to register voters, update voter registration information, and recruit Poll Managers.
Candidates, their
workers, and poll watchers will be encouraged to take the certification
training. Candidates will receive a
“Candidate’s Guide to Elections” and the Poll Manager handbook, both of which
will be developed by the SEC. This will
provide them with more information on Election Day processes and prevent
misunderstandings between Poll Managers and poll watchers.
How the State of South Carolina will adopt voting
system guidelines and processes which are consistent with the requirements of
section 301.
As outlined in Component 1: Meeting Title III Requirements and Other Activities, South Carolina has decided to implement a statewide uniform electronic voting system and processes.
The voting system chosen through the RFP process involved
State and County Election Commission officials, consultants, and other State
agency personnel as needed. The RFP
ensures that the system selected meets
The SEC will define and document uniform voting processes and update the relevant training material. As required by law, before any changes are made to processes that affect the voters, the proposed process will be presented for review and approval by the Justice Department under the Voting Rights Act of 1965.
How the State of South Carolina will establish a fund
for purposes of administering the State’s activities, including information on
fund management.
Working with the Budget and Control Board, the South Carolina Election Commission established a new program where the funds are kept separate from all other programs within the agency. The program contains both federal funds and general funds. The federal fund portion will be used to maintain federal funds and the general fund portion will be used to maintain funds which are reserved under the 5% match required by HAVA.
The South Carolina Election Commission and the State Budget Office will work with the State Comptroller and the State Treasurer to follow and enforce all mandated fiscal controls and policies.
The State of South
Carolina’s proposed budget for activities under this part, based on the State’s
best estimates of the costs of such activities and the amount of funds to be
made available, including (A) specific information on the costs of the
activities required to be carried out to meet the requirements of Title III;
(B) the portion of the requirements payment which will be used to carry out
activities to meet such requirements; and (C) the portion of the requirements
payment which will be used to carry out other activities.
The implementation of HAVA in
|
Year |
Implementation |
|
2003 |
¨
Voter registration System ¨
Election administration ¨ Voter education and poll worker training |
|
2004 |
¨
Voting system purchases (10 punch-card counties) ¨
Election Administration ¨ Voter education and poll worker training ¨ Automate voter history |
|
2005 |
¨
Voting system purchases (12 optical-scan counties) ¨
Election Administration ¨
Voter education and poll worker training ¨
Scanning/signature verification systems |
|
2006 |
¨
Voting system purchases (24 DRE counties) ¨
Election Administration ¨ Voter education and poll worker training |
The implementation of this plan is contingent upon receipt of the associated federal funding. Implementation items may be combined if associated funds are received. Counties may implement ahead of their scheduled year if funds are available.
The total proposed funding[2] will come from the following sources:
|
|
Total Federal
Funding as
Proposed |
South
Carolina Share as
Proposed |
South
Carolina Matching
Funds |
|
Early payments |
$650 M |
$6.9 M |
Not applicable |
|
2003 |
$850 M ($825 M to States) |
$11,602,190 |
$ 580,109.50 |
|
2004 |
$1.3 B ($1.1 B to States) |
$ 20,819,090 |
$ 1,040,954.50 |
|
2005 |
$1.1 B ($900 M to States) |
$ 7,128,720 |
$ 356,436 |
|
Total Funding |
$3.9 B |
$46.45 M |
$1,977,500 |
Total available funding for South Carolina is approximately $48,550,000. This money will be used to carry out the requirements of Title III as follows:
|
HAVA Requirements |
Total Cost |
Section 101 Funds |
Section 102 Funds |
Section 252 & 257 Funds |
State Match |
|
Statewide Voting System in Punch-Card Counties |
$13.4 M |
|
$2,167,518 |
$ 9.53 M |
$ .43 M |
|
Statewide Voting System in Optical-Scan Counties |
$ 4.8 M |
|
|
$4.56 M |
$ .24 M |
|
Statewide Voting System in DRE Counties |
$18.4 M |
|
|
$17.48 M |
$ .92 M |
|
Education |
$ 3.5 M |
$ .25 M |
|
$ 3.05 M |
$ .2 M |
|
Statewide Voter Registration System |
$ 3.0 M |
$ 3.0 M |
|
|
|
|
Voter Registration and Outreach Programs |
$ 3,5 M |
$ .2 M |
|
$ 3.1 M |
$ .2 M |
|
State Plan Creation and HAVA Management |
$ 1.95 M |
$ 1 M |
|
$ .86 M |
$ .09 M |
|
Total |
$ 48.55 M |
$ 4,652,412 |
$ 2,167,518 |
$ 38.58 M |
$ 1,977,500 |
How the State of South Carolina, in using the
requirements payment, will maintain the expenditures of the State for
activities funded by the payment at a level that is not less than the level of
such expenditures maintained by the State for the fiscal year ending prior to November
2000.
Consistent with HAVA §254(a)(7), in using any requirements payment, South Carolina will maintain expenditure of the State for activities funded by the payment at a level equal or greater than the level of such expenditures in State Fiscal Year 2000.
The SEC has taken several reductions to the base budget since 2000. To absorb those reductions, operating expenses have been cut drastically by condensing office space, leaving vacant positions unfilled, and a reduction in force plan was implemented which eliminated one full time employee.
During the 2003 legislative session, the South Carolina General Assembly did not provide any funds for the 2004 Statewide Primaries. However, all HAVA funds will be maintained completely separate and no HAVA funds will be used to offset either the general fund or primary election fund shortfalls.
The State budget represents only a small portion of the statewide aggregate operating budget expenditures needed to sustain elections in a given fiscal year, since by South Carolina law the great majority of election administration resources are provided at the county level.
South Carolina's 46 local election office budgets typically support year-round core staff and operating expenses for continuous functions such as voter registration, information services, and IT support. In addition, county registration boards and election commissions provide the significant increase in funding associated with each specific election – for Poll Managers, temporary office staff, ballot production, mass mailings, election-day support (including personnel, equipment, and supplies), etc. In some cases, key election support resources provided at the county level may not even be included within election office budgets, but are provided through other county agencies and donations.
It is therefore important to note that the projected HAVA budget set forth in Chapter 6: Proposed State Budget is based on the critical budget assumption that the State will mandate that this foundation of county-funded election operations be maintained at existing levels. Without this foundation in place, the short-term infusion of funds HAVA provides would not be sufficient to maintain new State election environment in the long term.
How the State of South Carolina will adopt performance
goals and measures that will be used by the State to determine its success and
the success of units of local government in the State in carrying out the plan,
including timetables for meeting each of the elements of the plan, descriptions
of the criteria the State will use to measure performance and the process used
to develop such criteria, and a description of which official is to be held
responsible for ensuring that each performance goal is met.
The State Election Commission along with members of the
South Carolina Association of Registration and Election Officials (SCARE) will
establish performance goals and measure progress of achieving these goals. A list of preliminary Plan goals is provided
below. An advisory team, including
An important goal of the advisory team is to ensure a smooth transition for the local election commissions into a statewide uniform electronic voting system while complying with HAVA requirements. The SEC will determine the goals, measurements, and related timeframes in accordance with requirements outlined in HAVA.
The following is a list of plan elements, preliminary plan goals under consideration, the SEC division in charge of ensuring the element is met, and the timeframe for meeting such element of the plan.
|
Plan Element |
Preliminary Plan Goals Under Consideration |
Division |
HAVA Timeframe |
|
Voting System (§301) |
§ Uniform electronic system implemented statewide § Statewide voting system will accommodate as many disabled voters as possible §
Counties not participating in statewide voting
system will receive 1 DRE unit for each precinct in the county § Voter can verify / change ballot before casting § Voter is informed or prevented from casting votes for multiple candidates for single office § Disabled voters have accessibility to polling place § Manual audit capability § Uniform definition of what constitutes a vote |
Voter
Services Training and Public Information |
|
|
Provisional Voting (§302) |
§ Voter can ascertain whether a provisional vote was counted and obtain an explanation if the vote was not counted § Additional voting instructions posted for provisional voting and for prohibitions on fraud |
Voter
Services Training and Public Information |
|
|
Voter Registration (§303a &303b) |
§ Procedures established to track receipt of identification at registration § Mail voter registration form revised to add mandated questions and procedures revised to notify voters of incomplete forms § Voter documentation exemptions tracked for uniformed and overseas citizens, elderly and handicapped § Implement image scanning and retention of the voter registration application, including the voter signature |
Voter Services |
(303a) (303b) |
|
Education (§254a3) |
§ Poll Manager training developed § Poll Manager certification process implemented § Poll Manager pre-election refresher training implemented § Election officials included in Poll Manager training and certification § Voter awareness and education plan implemented § Disabled voter awareness and education plan implemented |
Training and Public Information |
|
|
Budget/Funding |
§ Legislated program established to isolate and manage federal and state funds § Procedures established to track budget and actual expenditures |
Administrative Services |
|
|
Complaint Procedures (§402) |
§ Complaint process in place statewide § Timely complaint resolution |
Voter Services |
|
|
Absentee Ballots for UOCAVA Voters (§704) |
§ Modify procedure to allow UOCAVA absentee voters to receive absentee ballots through the next 2 regularly scheduled general elections for Federal office. |
Voter Services |
|
Performance measures
There are areas
that the management team will measure to collect data and report on
performance. These include:
¨ Schedule: Are goals being met, timelines followed, or at least progression towards meeting goal/timelines?
¨ Ability: Are the right people hired to oversee the state management plan to make sure plan goals are met? Are there enough financial resources to maintain those hired?
¨ Effectiveness: Is the project meeting all expectations in regards to customer satisfaction (County Election Commissions, boards of voter registration, and voters)?
Other plan elements will be added as needed. The SEC will monitor collected data for reporting purposes. This data will be distributed to local county election boards as well as to the SEC to monitor progress of ensuring all goals of HAVA are achieved.
A description of the uniform, nondiscriminatory
State-based administrative complaint procedures in effect under section 402.
Any person who believes a violation of HAVA Title III has occurred, is occurring or is about to occur may file a complaint. Complaints must be:
· in writing (use of complaint form is preferred)
· notarized
· submitted to the State Election Commission
Title III includes:
· Voting system standards
o Requirements, audit capacity, accessibility, alternate languages, error rates, definition of what constitutes a vote
· Provisional voting
· Voting information
o Public posting on election day
· Computerized statewide voter registration list
o List maintenance, security, verification of voter registration information
· Registration by mail
o Identification requirements, age and citizenship questions
State-Based Administrative Complaint Procedure
The Executive Director, or designee, will review all complaints to determine if a violation of HAVA Title III has occurred. If multiple complaints are filed for the same violation, they may be reviewed together.
If a violation has not occurred, the Executive Director may dismiss the complaint. If a violation has occurred, the Executive Director, or designee, will attempt to resolve the complaint and provide a remedy.
The state election director will release the findings for all complaints received. Findings will be mailed to complainant and any county involved. If the complainant is not pleased with the decision of the Executive Director, he/she my request an administrative hearing.
Alternate
Dispute Resolution
If the Executive Director is unable to resolve the complaint within 90 days, the complaint shall be resolved within 60 days by the State Election Commission.
If the State of
As shown in Component
6: Proposed State Budget, the HAVA Title I monies are an integral part of
the overall funding for development and execution of the State Plan to improve
administration of elections, and as such, will be used to comply with the
requirements under Title III. The
The Title I monies provided initial funding to start the process. Activities initiated in 2003 include:
¨ Develop the State Plan
¨ Establish criteria for a statewide uniform electronic voting system
¨ Issue a Request for Proposal (RFP) for a statewide uniform electronic voting system
¨ Upgrade the voter registration system
¨ Modify supporting processes for voter registration
¨ Establish administrative complaint procedures
¨ Develop voter education and poll worker training
¨ Improve election administration
¨
Training of State Election Commission and
Any monies remaining from the Title I payment will be applied toward purchase of the new voting system selected through the RFP process. All monies will be maintained by the SEC and no funds will be distributed directly to the counties unless approved by the HAVA Advisory Team.
How the State of South Carolina will conduct ongoing
management of the plan, except that the State may not make any material change
in the administration of the law unless the change (A) is developed and
published in the Federal Register in accordance with section 255 in the same
manner as the State plan; (B) is subject to public notice and comment in
accordance with section 256 in the same manner as the State plan; and (C) takes
effect only after the expiration of the 30-day period which begins on the date
the change is published in the Federal Register in accordance with subparagraph
(A).
The Executive
Director of the S.C. State Election Commission is responsible for coordination
of the State’s responsibilities under this Act, and therefore ultimately
responsible for the ongoing management of the State Plan.
The State Plan will
serve as the roadmap for HAVA implementation.
As stated in Component 8:
Performance Goals and Measures, the State Election Commission will
establish a State Plan advisory team to manage and oversee the statewide
plan. This State Plan advisory team will
audit performance goals and measures and publish any material changes. The team will meet on a regular basis with a
frequency to be set by the team.
No material changes will be made unless the change is published in the Federal Register in accordance with HAVA §255, is subject to public notice in accordance with HAVA §256, and takes effect after the expiration of the 30 day period which begins on the date the change is published in the Federal Register in accordance with HAVA §255.
In the case of a State with a State plan in effect
under this subtitle during the previous fiscal year, a description of how the
plan reflects changes from the State plan for the previous fiscal year and of
how the State succeeded in carrying out the State plan for such previous fiscal
year.
Following a summary of changes to the 2003 State Plan:
1.
Meeting Title III Requirements and Other Activities
Following state
procurement code, a Request for Purchase (RFP) for a statewide uniform voting
system was developed using input gathered from county election officials. The RFP was released on
Section
302 – Provisional Voting and Voting Information Requirements
Utilizing the
current statewide voter registration system through a link from the State
Election Commission website, voters who cast a provisional ballot are now able
to access their ballot information and determine if their vote was counted and,
if not, why it was not counted. Voters
who do not have Internet access can call a toll-free phone number to determine
the status of their provisional ballot. In addition to this procedure, a
process was also put into place to allow absentee voters to determine the
status of their request for absentee ballot.
Section
303 – Computerized Statewide Voter Registration List and Voters who Register by
Mail
2.
Payment Distribution and Monitoring
3.
Provision for Education and Training
3.1
Training for Election Officials
Eight
classes were held for the statewide election official Training and
Certification Program. Approximately 400
people (combined) were in attendance. This training is an on-going program.
3.2 Training
for Poll Managers
§
An
“Open book” test was distributed to all counties for use with poll manager
training. This test will be revised when
a statewide voting system is implemented.
§
Due to
new HAVA proof of ID requirements, additional training is being emphasized on
the provisional balloting procedure
§
Due to
the HAVA emphasis on voting accessibility for voters, training programs have
been designed to stress such features as assistance to voters, curbside voting,
and sensitivity training.
§
The
poll manager handbook was revised and restructured to enhance training and
usability
§
New
poll manager certificates were provided to all county election
commissions. These certificates may be
used for certification of poll managers.
3.3
Training for Voters
§
A Request
For Purchase (RFP) was developed to hire a public
relations company to assist with voter education of the new statewide uniform
voting system and other HAVA issues. The
public relations company chosen will promote these issues through the 2006
General Election.
§
Partnerships
have been formed with advocacy groups such as Protection and Advocacy for
People with Disabilities and the S.C. Association for the Deaf to determine
needs of disability groups in the State and work together on meeting those
needs.
§
A website is being prepared for voters to
access HAVA specific information. A
domain name has been purchased, the design has been approved, content is being
developed, and the site will be Bobby compliant.
§
In an
effort to assist voters who are visually impaired, the font size has been
increased on two documents used at the polls on election day
and additional documents will be increased in size before the General Election.
§
A
poster with information on casting a provisional ballot, assistance to disabled
voters, federal and State laws that apply to election day,
and election official contact information for voters will be available at the
polls on election day.
§
With
the HAVA Election Assistance for Individuals with Disabilities grant, the State
Election Commission is working with 29 county election commissions to
update/renovate polling places throughout the State. These renovations will provide better
accessibility to polling locations by adding wheelchair ramps, curb cuts for
access to sidewalks, handrails, paved parking, handicapped parking signs,
restroom renovations, and threshold access.
4.
Voting System Guidelines and Processes
§
Guidelines and processes will be developed when the Statewide Uniform
Voting System is selected.
5. Fund for Administering State Activities
§
Separate accounts were established to distinguish
between federal funds and general funds.
§
$6,819,929 Title I incentive monies were received and placed into a n interest bearing
account
§
$921,064 was encumbered in Primary election carry-forward
funds which we anticipate needing for the required 5% state match.
§
A consultant was hired to assist the SEC with the
process of spending federal funds. The
SEC has never received federal funding the past and it is our desire to ensure
that the funds are distributed and processed according to federal regulations.
6. Proposed State Budget
§
Proposed
funding spreadsheets were revised to reflect actual amounts received from the
Federal Government.
7. Maintenance of Prior Year Expenditures
No activity under this component.
8. Performance Goals and Measures
Performance goals were established and are monitored weekly by SEC
staff. A status of State Plan
Implementation progress is posted on the SEC Website.
9.
Administrative Complaint Procedures
An administrative complaint procedure was developed and distributed to
all county election officials in addition to being added to the SEC
website.
10.
Use of Title I Payment
A portion of the Title I payment
of $6,900,000 was used to conduct meetings on development of the State Plan,
develop and issue the RFP for a statewide voting system, upgrade the current
statewide voter registration system to accommodate UOCAVA issues and voter
registration by-mail ID requirements, establish an administrative complaint procedure,
revise and revamp the poll manager handbook and related training materials,
provide training on HAVA to state and county election officials, and retain
consultants to assist with various tasks associated with carrying out the State
Plan.
11.
Ongoing Management of Plan
An advisory team of
10 people was appointed to oversee changes to the plan. This team met several times to discuss
revisions to the State Plan.
A description of the committee which participated in
the development of the South Carolina State plan in accordance with section 255
and the procedures followed by the committee under such section and section
256.
The HAVA State Plan task force provided broad representation across the state, and included representatives from state organizations, county organizations, legislators, and interested stakeholders.
|
Name |
Organization |
|
Adell Adams |
|
|
David Alexander |
Office of Research and Statistics |
|
Marci Andino |
State Election Commission |
|
Susan Barden |
|
|
Russell Barrett |
|
|
Garry Baum |
State Election Commission |
|
|
|
|
James Blake |
|
|
Bobby Bowers |
Office of Research and Statistics |
|
Lesly Bowers |
Protection and Advocacy for People with Disabilities |
|
Marilyn Bowers |
|
|
Tommie Brice |
|
|
Brett Bursey |
S.C. Progressive Network |
|
Hoyt Campbell |
|
|
Pete Cantrell |
Protection and Advocacy for People with Disabilities |
|
Mike Cinnamon |
|
|
Eliza Claxton |
NAACP |
|
John Darby |
Governor's Office |
|
Rusty DePass |
State Republican Party |
|
Benjamin Duncan II |
Governor's Office |
|
Lelia Ferguson |
Protection and Advocacy for People with Disabilities |
|
Agnes Garvin |
|
|
Cheryl Goodwin |
State Election Commission |
|
Adlena Graham |
NAACP |
|
Wayne Hale |
State Election Commission |
|
Jim Harrison |
S.C. House of Representatives |
|
Betsy Hartman |
Office of State CIO |
|
Rita Henderson |
|
|
Lynn Hill |
|
|
Pat Jefferson |
|
|
Ruth Jordan |
NAACP |
|
L.Z. Keitt |
NAACP |
|
Carol Khare |
State Democratic Party |
|
Carolyn Lecque |
|
|
Hannah Majewski |
State Election Commission |
|
Larry Martin |
|
|
Mariah C. Miller |
NAACP |
|
Thomas L. Moore |
|
|
Cindy Peel |
State Election Commission |
|
Cathy Pelletier |
|
|
Edith Redden |
|
|
Janet Reynolds |
State Election Commission |
|
James H. Ritchie |
|
|
Shan Rose |
League of Women Voters |
|
Drew Royall |
Department of Disabilities and Special Needs |
|
Donna Royson |
State Election Commission |
|
John Russell |
Governor's Office |
|
John Scott |
S.C. House of Representatives |
|
Gary Simrill |
S.C. House of Representatives |
|
Steve Skardon |
Palmetto Project |
|
Gilbert Smith |
S.C. Independent Living Council |
|
Tanya Thompson |
Protection and Advocacy for People with Disabilities |
|
David Williams |
Legislative Council, |
|
Ron Wilson |
|
The task force was divided into five teams, each of which focused in depth on a specific functional area of HAVA: Administration and Funding, Education, Voting System Standards, Statewide Voter Registration System, and Accountability.
On-going management of the State Plan will be handled by the SEC with assistance from an advisory team appointed by the Chief Election Official. Members of this committee are as follows:
|
Name |
Organization |
|
William B. DePass, Jr. Co-Chair |
Former Chairman, State Election Commission |
|
Steve Skardon, Jr. Co-Chair |
Palmetto Project |
|
|
|
|
James Blake |
|
|
Bobby Bowers |
SC Office of Research and Statistics |
|
Marilyn Bowers |
|
|
Mike Cinnamon |
|
|
Dean Crepes |
|
|
Edith Redden |
|
|
Earl Whalen |
|
[1] Reimbursement will be made following the county’s resale of previously purchased voting machines. The State will reimburse the difference between the original purchase price and the fair market value received upon sale of voting machines. This reimbursement will not exceed 50% of the original purchase price of the machines.
[2] Fund amounts are annotated with “M” or “B” to indicate million or billion dollar amounts.