Distinguishing a Protest from a Recount
It's important to understand the difference between a protest and a recount. In South Carolina, a recount is an automatic process triggered only when the vote margin is 1% or less. Candidates cannot request a recount if that threshold isn't met. An election protest, or contest, is a formal challenge alleging that specific errors, illegal votes, or misconduct affected the outcome of the election. This is not about a close margin, but about the fundamental fairness and legality of the results. Successfully overturning an election via protest requires clear evidence of wrongdoing or errors on a scale large enough to have changed the final result.
Who Can File and On What Grounds?
Generally, only a candidate in the specific race can file a protest. The challenge must be based on concrete
grounds. This isn't a forum for airing general grievances or suspicions. A valid protest must allege specific issues, such as errors in the counting of votes, the illegal rejection of valid votes, or the inclusion of illegal votes. The written protest must clearly and concisely state each ground for the challenge. Vague claims of fraud without specific, documented instances are unlikely to proceed.
The First Step: Filing the Protest
The timeline and process for filing a protest are extremely strict and depend on the office. For county-level or smaller general elections, a written protest must be filed with the county board of canvassers by noon on the Wednesday after the election results are declared. For federal, state, or multi-county offices, the protest must be filed with the State Board of Canvassers within five days of the official canvass. In municipal elections, the deadline is even tighter: a written contest must be filed within 48 hours of the polls closing. The filing must be in writing and include copies for each candidate involved in the race.
The County Board Hearing
For contests involving county offices, the first hearing happens quickly at the county level. The board must hear the protest on the Monday after the filing deadline. During this hearing, testimony is limited to the specific grounds listed in the written protest. Both sides have the right to be present, be represented by counsel, question witnesses, and present relevant evidence. The process is quasi-judicial, and the board has the authority to administer oaths and subpoena witnesses. After hearing the evidence, the board votes to determine the outcome and certifies the result.
The Appeals Process
If a candidate is not satisfied with the county board's decision, there is a path for appeal. Decisions from county boards on general election protests can be appealed to the State Board of Canvassers. From there, a final appeal can be made to the courts, often the state Supreme Court. For municipal elections, an appeal from the municipal election commission goes to the court of common pleas. Each step has its own strict deadlines and procedures. For instance, an appeal from a municipal commission decision must be filed within ten days. This multi-tiered system ensures review, but also demonstrates the lengthy and complex legal road a protest can take.
The High Burden of Proof
Ultimately, the burden of proof in an election contest lies with the person filing the protest. They must provide sufficient evidence to convince the board or a court not only that an error occurred, but that the error was significant enough to change the outcome of the election. This is a very high bar to clear. South Carolina law even states that a protest may not be upheld if the total number of contested votes is not enough to alter the result. The goal of the process is to correct demonstrable mistakes that undermine the certified result, not to conduct a forensic audit based on speculation.
