Could a South Carolina charity give door prizes at a fundraising event without conducting an unlawful raffle?

Plain-English summary

A legislator asked whether charities could award door prizes at their events. The Attorney General answered that he knew of no prohibition on door prizes so long as the arrangement did not resemble a raffle with prize, chance, and consideration. He reaffirmed prior opinions that nonprofit and charitable organizations could not conduct raffles or lotteries; only the state could conduct lotteries.

The letter did not evaluate a particular event or explain how a proposed door-prize scheme would be classified. It pointed the requester to enclosed earlier opinions for the raffle and lottery analysis.

Currency note

This opinion was issued in 2009. 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 the AG say that charity door prizes were always lawful? A: No. He said he knew of no prohibition when the arrangement lacked the combination of prize, chance, and consideration that would make it similar to a raffle.

Q: Could a nonprofit call a raffle a door-prize drawing and hold it? A: The letter focused on the arrangement's elements, not its label. It reiterated that a charity or nonprofit could not conduct a raffle or lottery under the law considered in 2009.

Q: Did this letter define a specific admission or ticket price that counts as consideration? A: No. It referred to enclosed prior opinions for the raffle test but did not analyze a particular admission or ticket arrangement.

Background and statutory framework

The requester sought the office's prior raffle and lottery opinions as well as an answer about door prizes. Quoting a June 23, 2004 opinion, the Attorney General said raffles generally constituted lotteries because they contained prize, chance, and consideration. The letter distinguished a door prize lacking that combination.

Citations and references

Prior opinions: The letter quoted a June 23, 2004 South Carolina Attorney General opinion on raffles and referred to other enclosed opinions.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-5-2009/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/herbkersman-b-os-8794-6-5-09-legality-of-door-prizes-for-charity-functions.pdf

Original opinion text

HENRY M CMASTER
ATTORNEY GENERAL

June 5, 2009

The Honorable Bill Herbkersman
Member, House of Representatives
151 Gascoigne Bluff
Bluffton, South Carolina 29910
Dear Representative Herbkersman:
You have requested an opinion regarding the legality of door prizes for charity functions. You also requested copies of prior opinions dealing with raffles or lotteries for charity events and nonprofits. Enclosed are copies of prior opinions of this office dealing with raffles or lotteries. As set forth in these opinions, only the State may conduct lotteries and a raffle or lottery conducted by a nonprofit or charitable organization js prohibited. These opinions set forth clearly what constitutes a raffle or lottery. As stated in the enclosed June 23, 2004 opinion, "raffles generally constitute a lottery (because elements of prize, chance and consideration are present) and are thus prohibited by the Constitution of South Carolina." As to door prizes, as long as they do not involve a scheme similar to a raffle and the presence ofthe elements of prize, chance and consideration, I am unaware ofany prohibition to awarding door prizes for charity functions. With kind regards, I am, Very truly yours, Henry McMaster Attorney Genera0 ,/}

~/IT(~lJLad4~t-By:

Charles H. Richardson
Senior Assistant Attorney General

Deputy Attorney General

REMBERT

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