Did Charleston County have to mail new voter cards after council redistricting that left precincts unchanged?

Plain-English summary

Charleston County’s election-board counsel asked whether new registration cards had to be printed and mailed after county council districts were redrawn without changing ward or precinct boundaries. The AG said it knew of no such requirement. Section 7-7-960 required mailed notice when a voter’s ward or precinct changed; district redistricting alone did not trigger that requirement.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did a new council district require a replacement registration card?
A: The AG said no, where the voter’s ward and precinct boundaries remained unchanged.

Q: When did the cited statute require mailed notice?
A: It required notice when a change of ward or precinct boundaries changed an elector’s ward or precinct.

Q: Did the opinion cover redistricting that also changed precincts?
A: No. Its answer addressed new council district lines with no ward or precinct boundary change.

Background and statutory framework

Section 7-7-960 used “precinct or ward” as the trigger for mailed notice. The AG relied on an earlier opinion applying the same reading to district redistricting and gave a narrow answer to the Charleston County facts.

Citations

• Section 7-7-960

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-23-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04apr23howell.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER

April23,2004

A1TORNEY GENERAL

J
Samuel W. Howell, N, Esquire
General Counsel, Board of Elections and
Voter Registration for Charleston County
Post Office Box 22495
Charleston, South Carolina 29413

1/

Dear Mr. HoweIJ:
In a letter to this office you questioned whether the Board ofVoter Registration and Elections for Charleston County is required to print and mail new voter registration cards to all registered voters in the County as a result solely of the creation of district lines for new County Council districts where no change of ward or precinct boundaries is involved. Reference was made to S.C. Code Ann. Section 7-7-960 (Supp. 2003) which provides that

(a) Any elector whose precinct or ward is changed by a change of ward or precinct boundaries must have notification mailed to h_im by the county registration board reflecting his new precinct or ward. (b) Any area in the county annexed to a municipality which is divided into wards shall be made part of a ward to which it is contiguous by the county board of registration. In the event the annexed area in a municipality divided into wards contains at least five hundred qualified electors the area annexed shall be made a separate ward which must be given a numerical designation. As soon as practicable, following annexation, the board must mail all registered electors of record residing in the annexed area notification designating the number of the ward, .i f appropriate, and precinct to which they have been assigned. A prior opinion of this office dated May 16, 2001, a copy of which is enclosed, dealt with the question of whether a Board of Elections and Voter Registration is required to mail notification cards to every elector after the redistricting ofmunicipal districts, redistricting ofHouse and Senate districts and after County Council redistricting. Reference was made to Section 7-7-960. The opinion concluded that Section 7-7-960
... specifically refers to a change in the elector's "precinct or ward". Thus, the statute necessarily dictates that notification must be mailed to the elector upon a change in

V1 ,hJ..jEMB~LJ¥tNG
,a.,

•

POST OmcE Box 11549 • COWMlllA, S.C. 292 11 -1549 • TEl..EPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

Mr. Howell
Page2
April 23, 2004

ward or precinct, but does not require notification upon a change in the elector's district, or redistricting.

L

I

Consistent with such opinion, I am unaware of any requirement that the Board of Voter Registration and Elections for Charleston County print and mail new voter registration cards to all registered voters in the County as a result solely of the creation of district lines for new County Council districts where no change of ward or precinct boundaries is involved. With kind regards, I am, Very truly yours,

cf~y//Z!J~
Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

~.

I

Robert D. Cook
Assistant Deputy Attorney General