Could South Carolina poll watchers inspect the voter sign-in list during an election?

Plain-English summary

A legislator asked whether poll watchers could examine the registration book while voters signed in, provided they did not interfere with voting. The AG referred to earlier opinions allowing a watcher to review names on the signed poll list when poll managers believed that doing so would not disrupt the election. He also quoted an opinion permitting inspection of a voter’s signature against the registration certificate at sign-in, without delay, obstruction or harassment.

The AG left the physical placement of watchers to poll managers' judgment. They had to give watchers a reasonable chance to observe the election procedure while accounting for the polling place's layout, the number and conduct of watchers, and orderly voting. The opinion did not establish an unrestricted right to stand beside the check-in table.

Currency note

This opinion was issued in 2008. 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: Could poll watchers inspect the list of voters who signed in? A: The AG cited an earlier opinion saying they could review the names if, in the poll managers' opinion, the activity did not interfere with the election.

Q: Could watchers compare a voter's signature with the registration certificate? A: The opinion quoted an earlier AG conclusion allowing inspection at sign-in, provided it did not delay voting or impede or harass voters.

Q: Who decided where watchers stood?
A: Poll managers designated the area. Their placement decision had to preserve a reasonable opportunity to observe while preventing interference with the election.

Background and statutory framework

The cited poll-watcher statute required qualified watchers to be placed where they could observe the entire election process. The AG applied that language through prior opinions recognizing both observation and poll managers' control of procedures at a crowded polling site.

Citations and references

Statute discussed: S.C. Code Ann. § 7-13-860. Earlier AG opinions discussed: June 13, 1988; June 11, 1966; October 8, 1974.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-9-2008-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/rutherford-t-os-8531-1-9-08-poll-watchers1.pdf

Original opinion text

January 9, 2008

The Honorable Todd Rutherford
Member, House of Representatives
432-A Blatt Building
Columbia, South Carolina 29211
Dear Representative Rutherford:
In a letter to this office you referenced the provision of S.C. Code Ann. § 7-13-860 which states that as to poll watchers, “[a]fter qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place.” You indicated that
[t]he law appears to require that poll watchers be allowed, at the very least, to stand in a close proximity to the voter check-in table, and that they be allowed to examine the registration list as individuals sign in, consistent with statutory and constitutional provisions mandating that registration records be made public and open to inspection.

You have requested an opinion affirming such principles and specifically clarifying that poll watchers have the ability to examine the registration book as long as they do not interfere with the voting process. Prior opinions of this office have addressed this issue. An opinion dated June 13, 1988 stated that “[a]s long as in the opinion of the poll managers the activity does not interfere with the election, there is no reason why a poll watcher should not be able to review the names of the persons who have signed the poll list.” Another opinion dated June 11, 1966 stated that
[t]he watchers are subject to the orders and directions of the poll managers consistent with their right to be placed in a position to reasonably observe and survey the election procedure. Consistent with this requirement, the watchers may be given opportunity to inspect the voter’s signature on the poll list with the signature upon the registration certificate; but in doing so, they cannot delay the election or impede or harass the voters. Such inspection, in my opinion, must be done at the time the

The Honorable Todd Rutherford
Page 2
January 9, 2008
voter signs the poll list and presents his certificate of registration. Physical limitations make it impossible for large numbers of watchers to crowd around the manager’s table, and, therefore, the procedure of observing the election must rest within the judgment and discretion of the poll managers, subject to the right of the watchers to be placed in a position where they may reasonably watch the procedures being followed. Another opinion dated October 8, 1974 commented
[t]he managers have authority to place the watchers in any area that they so designate. Therefore, the actual physical placement of the watchers is one which each manager must make on an individual basis. The decision of where the watcher shall be stationed would depend in part on the physical setup of the polling precinct, the general conduct of the individual watchers, etc. The watchers should be given full opportunity to observe the election procedure but the activity of the watchers should not be allowed to interfere with the orderly conduct of the election. Hopefully the above is responsive to your question. If there is anything further, please do not hesitate to contact me. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General