S0124 would amend South Carolina election and open-records law to create a specific framework for releasing voted ballots and cast vote records while preserving voter anonymity. The bill keeps voted ballots and related records confidential by default, but allows access in limited circumstances: by court order, by order of the appropriate county board of voter registration and elections in connection with an election protest, contest, or investigation, or through a Freedom of Information Act request for cast vote records. It defines cast vote records as de-identified electronic records of ballot selections retained by ballot tabulation equipment.
The bill also amends the state Freedom of Information Act to expressly include cast vote records in the definition of a public record, subject to the confidentiality and redaction requirements in the election code. It requires election officials to remove any identifying information before release and makes it a misdemeanor to knowingly disclose how an individual voted from an official ballot or cast vote record, with penalties of a fine, jail time, or both. The act would take effect upon gubernatorial approval.
Impact
If enacted, the bill would modify Sections 7-13-130 and 30-4-20 of the South Carolina Code to clarify that cast vote records are public records, while still protecting voter identity. It would expand the circumstances under which election materials may be released and create an explicit statutory basis for FOIA access to de-identified cast vote records, affecting election officials, county boards of voter registration and elections, requesters under FOIA, and anyone handling ballot records.
Sentiment
The available record shows no committee transcripts or recorded votes, so there is no documented debate or formal vote history to gauge support or opposition. Based on the bill text alone, the measure appears designed to balance transparency in election administration with ballot secrecy, suggesting an intent to address public-records access without opening the door to voter identification.
Contention
The main point of potential contention is the tension between election transparency and ballot secrecy. Supporters would likely favor public access to de-identified cast vote records as a way to improve oversight, auditability, and confidence in election results, while opponents may worry that releasing ballot-level records could create privacy risks or enable attempts to reconstruct how individuals voted. The bill attempts to address those concerns by requiring redaction of identifying information and criminalizing unauthorized disclosure of a voter’s selections.