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FOIA - Freedom of Information Act Responses

This page lists responses to reoccurring FOIA requests submitted to the Board of Voter Registration and Elections Office.

ID: FOIA07062022.01

The generic definition of “cast vote record” given by the United States Election Assistance Commission: “Permanent record of all votes produced by a single voter whether in electronic, paper or other form. Also referred to as ballot image when used to refer to electronic ballots.”

In South Carolina, the CVR includes the paper ballot itself, the scanned image of the ballot from the ballot scanner at the time the vote is cast, and the digital (electronic) record of the contents of individual cast ballots (i.e., record of votes on an individual ballot).

The SC Attorney General's Office was asked to address whether the public has the right under FOIA to inspect or obtain copies of voted ballots and related files or data associated with the new statewide voting system. The Attorney General's Office responded with an opinion advising that these records are not subject to FOIA. 

Specifically, the types of records the opinion concluded are not subject to FOIA include:

  • Voted ballots
  • Scanned images of voted ballots 
  • Cast Vote Records (CVR)

With regards to requests for CVRs, the request is denied based on the provision of S.C. Code of Laws 30-4-40(a)(4), which exempts from public disclosure “matters specifically exempted from disclosure by statute or law.”. Disclosure of such records compromises the right to a secret ballot as preserved by Article II, Section 1, of the S.C. Constitution and therefore prohibited.

The Board of Voter Registration and Elections Office of York County, SC does not have any public records responsive to this request and that the reasoning for withholding the record is explained in the following SC Attorney General’s Opinion: https://www.scag.gov/opinions/opinions-archive/september-28-2020/

Contact the South Carolina Attorney General Office

Updated: 7/7/2022, 8/24/2022, 8/26/2022

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