South Carolina

Gov. Henry McMaster stepped in Thursday and punted all four members of the Richland County Elections Board after 1,040 votes were not counted in the fall, the county’s fourth major elections blunder in eight years. State law says the governor can remove county elections board members for “incapacity, misconduct or neglect of duty.” “South Carolinians’ confidence in the lawful and professional oversight of elections must never be jeopardized,” McMaster said after issuing an executive order. “The repeated actions and behavior of these officials are wholly unacceptable and cannot be tolerated,” his message continued. “To regain and maintain Richland County voters’ confidence at the ballot box, the entire board must be replaced with new leadership.”

The debate over what type of new voting machines South Carolina should purchase may be vexing lawmakers in the Statehouse, but many county election officials have reached one consensus: the state needs new polling equipment and soon. The 15-year-old computers that roughly 3.1 million registered voters currently use are costing tens of thousands of dollars to maintain, a burden that falls onto the state’s 46 counties. And at least a few local election directors worry the aging equipment could result in longer lines at polling places if the Legislature doesn’t find the money for a new statewide system this year. Parts for the current computerized voting system somtimes have to be recycled from other machines, they pointed out. And even if a few machines go down, it could take longer for South Carolinians to cast their votes at precincts, especially in a presidential election year like 2020.   

A federal judge on Friday dismissed a lawsuit claiming that South Carolina’s antiquated voting machines infringed upon residents’ right to vote. U.S. District Court Judge Michelle Childs said the machines could impose “some conceivable risk” to the state’s ability to accurately count votes, but the suit did not prove there was a “substantial” threat to the right to vote, The State reported. “A plaintiff…must do more than merely assert that there is some conceivable risk that she will be harmed on account of defendant’s actions,” wrote Childs, who is an appointee of former President Obama.

Ballots cast by 1,040 Richland County voters were not counted in last November’s election — another voting mishap in the state’s capital county. While the missing ballots did not affect the outcome of any races and accounted for less than 1 percent of the 142,805 votes cast in the county, the failure to count all votes damages public trust, experts said. “It’s sends a very bad message that people cast a vote, and it might not matter,” Duncan Buell, a University of South Carolina professor who researches voting machines, said Thursday. “This is a big deal.” Richland County missed 832 in-person absentee votes from two voting machines that malfunctioned and 208 votes from two machines at two precincts that were closed incorrectly, Richland County Elections Director Rokey Suleman said.

A federal judge will decide whether to toss out a lawsuit asking for federal oversight of South Carolina’s purchase of new voting machines, at a cost of up to $60 million. After a nearly two-hour hearing in Columbia, U.S. District Judge Michelle Childs said she would make a decision within 10 days. Childs could dismiss the lawsuit, which asks for a court order requiring the S.C. Election Commission to buy new, high-security voting machines. Or she could let the suit proceed. During Tuesday’s hearing, S.C. Assistant Attorney General Wesley Vorberger, representing the S.C. Election Commission, told Childs the lawsuit is unnecessary. The Election Commission, he said, already is seeking bids for new hacker-resistant voting machines for use in the 2020 election.

S.C. election officials took a small step Tuesday toward changing the way the state votes in 2020. The S.C. Election Commission requested $60 million Tuesday from legislators to buy a new voting system in time for the next statewide election, a system that — for the first time in a decade — would produce a paper trail of ballots cast. The Election Commission has requested money for new voting machines before and been denied. However, this request comes in a favorable budget year amid national concern around election security. State lawmakers have said they want to make a switch to paper-trail ballots in time for the 2020 election, using money from $1 billion in added state revenues. But there will be hurdles to overcome. Gov. Henry McMaster unveiled his budget proposal Tuesday and included only $5 million for new voting machines.

Dr. Duncan Buell believes the voting system in South Carolina needs to be changed. Dr. Buell recently looked into data from the primaries and general election in 2018 for a League of Women Voters of South Carolina report. “We have an extremely complicated system,” he said. Dr. Buell said there were instances where votes were miscounted or counted twice. He said most of the problems come from the election system itself. “The system doesn’t have enough built into it,” he said.

In the last election, some votes in South Carolina got counted twice. Others were credited to the wrong candidate. Also, one observer thinks, the state’s 14-year-old voting machines are starting to show their age, producing other errors. Those are some of the conclusions in a report released last week by the League of Women Voters of South Carolina. On Jan. 22, the league will host a public forum at the Richland County Public Library on ways to improve the state’s election system. The group is backing efforts in the S.C. Legislature to require a paper ballot system. “Over the years, they’ve made upgrades, and it’s still flawed,” Lynn Teague, vice president of the league, said of the state’s existing voting system. “They’re still counting votes wrong … and all this without someone deliberately trying to mess with the system.”

An analysis of South Carolina’s voting equipment found that state election officials miscounted hundreds of ballots during the primary and general elections in 2018 because of “continued software deficiencies.” Conducted on behalf of the League of Women Voters by Duane Buell, a computer science professor at the University of South Carolina, the study published last week found that in one primary race, voting machines in one precinct double counted 148 votes. During the general election in another precinct, more than 400 votes were awarded in the wrong county board race. In both instances, Buell found, the improperly counted voters were logged by the South Carolina State Election Commission as official results. Neither case involved enough votes to swing the outcome of an election, but Buell told StateScoop the incidents demonstrate the state continues to use poorly designed software that poll workers, many of whom are volunteers working long shifts, struggle to operate correctly.

South Carolina election officials have taken a key step toward replacing the state’s 13,000 outdated voting machines and want the new system to generate a paper record after each ballot is cast. The state Election Commission on Friday outlined its call for a “statewide voting system solution” in a request for proposal, or RFP. The RFP marks the first formal step in soliciting contracts or bids from voting system vendors. Officials want the new system implemented by January 2020, ahead of the next presidential election. The touchscreen machines South Carolina voters have used since 2004 provide no paper record, making the Palmetto State one of five states where voting machines do not leave a paper trail behind. That means when there’s a contested election or a suspected security breach, there is currently no paper component for auditing results.

A bipartisan group of legislators Tuesday proposed switching to paper ballots, even mail-in ballots, to replace the state’s “archaic” voting machines before South Carolinians cast their votes in the 2020 presidential election. Four S.C. House and Senate legislators said Tuesday they will pre-file bills next month to address the state’s aging voting machines and how the state should pay for a new voting system. “A voting system that is not only fair but also gives voters confidence that their vote has been cast and their vote has been … counted,” said state Sen. Thomas McElveen, D-Sumter. Money for a new voting system should not be that hard to find in what is developing as a flush budget year.