Could a South Carolina county open a satellite office for in-person absentee voting?

Plain-English summary

Aiken County's attorney asked whether voters could cast absentee ballots at a county registration board's extension office rather than only at its main office. In 2008, the South Carolina Attorney General's office concluded that counties could establish satellite offices for that purpose, assuming the office was created through the proper procedures. The opinion described the choice to open one as within the county governing body's discretion.

The office did not rely on the general registration statute alone. It read that statute with the absentee-voting provisions, one of which expressly mentioned requesting an absentee application at an extension office established by the county governing body. It also emphasized that voters still had to meet the statutory absentee-voter qualifications.

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

Could a county allow absentee voting outside its main registration office?

The AG said yes, through a properly established satellite office under the statutes it analyzed.

Did the general registration statute alone authorize satellite absentee voting?

No. The opinion said S.C. Code Ann.§ 7-5-140 had to be read in its registration context and used the separate absentee-voting provisions to support the conclusion.

Who decided whether to open a satellite office?

The opinion described the decision as within the discretion of the county governing body and said absentee voters still had to qualify under the applicable statute.

Background and statutory framework

S.C. Code Ann.§ 7-5-140 allowed registration boards to operate at various places, but the AG did not view it by itself as authority for satellite absentee-voting locations. S.C. Code Ann. § 7-15-410 required an absentee precinct in the county board's office, while S.C. Code Ann.§ 7-15-330 recognized extension offices established by county government in the absentee application process. The opinion also invoked the liberal-construction rule for absentee-voting statutes discussed in Knight v. State Board of Canvassers.

Citations and references

• S.C. Code Ann.§ 7-5-140: registration-board locations and hours.
• S.C. Code Ann. § 7-15-410: county absentee-voting precinct.
• S.C. Code Ann.§ 7-15-330: applications at county extension offices.
• Knight v. State Board of Canvassers, 297 S.C. 55, 374 S.E.2d 685 (1988): liberal construction of absentee-voting statutes.

Official title

Questioning whether a county board of registration is authorized to establish places other than the office of the county board of registration at which absentee ballots may be cast prior to the date of the general election.

Requester

James M. Holly, Esquire, Aiken County Attorney

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-16-2008-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/holly-j-m-os-8679-10-16-08-county-board-of-registration-satellite-office.pdf

Original opinion text

H ENRY McMASTER
ATIORNEY GENERAL

October 16, 2008

James M. Holly, Esquire
Aiken County Attorney
Post Office Box 517
Aiken, South Carolina 29802-0517
Dear Mr. Holly:
In a letter to this office you questioned whether a county board of registration is authorized to establish places other than the office of the county board ofregistration at which absentee ballots may be cast prior to the date of the general election. We assume from your inquiry that the extension office would be established pursuant to the appropriate procedures and requirements imposed upon the county board of registration.

In reviewing your question, the provisions ofS.C. Code Ann.§ 7-5-140 have been raised. Such provision states that (b]oards ofregistration shall remain open as provided by law and, in addition thereto, shall remain open and available for registration on any additional days, during such hours and at such various places throughout the county as the boards may determine. Such boards also shall remain open and available for absentee registration and absentee voting responsibilities during such additional hours as the boards may deem necessary..... Wbile such provision refers to the opening of boards ofregistration at "various places throughout the county" which are to be "available for absentee registration and absentee voting responsibilities", in the opinion of this office, such provision, included in Article 3 ofChapter 5 ofTitle 7 dealing with "Requirement of and Qualification for Registration", does not in itself authorize the opening of satellite absentee voting locations. Instead, such provision should be construed in association with voting registration requirements. However, other provisions appear to support the opening of sateJlite locations. S.C. Code Ann. § 7-15-410 states that "[i]n each county there must be established an absentee voting precinct located in the office of the county board of registration .... " Therefore, clearly, statutory law requires the opening of an absentee voting precinct in each county. S.C. Code Ann.§ 7-15-330, a provision in Article 5 of Chapter 15 ofTitle 7 which is titled "Absentee Voting", goes further and provides that

REMB1'RT

c. D ENN IS BUILDING • Pos-r OF!'tCE Box 11549 • COLUMBIA. SC 292 ll-1549 • TELEPHONE 803-734-3970 • FACSJMltE 803-253-6283

Mr. Holly
Page2
October 16, 2008
[t]o vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. (emphasis added). In the opinion ofthis office, by such provision, the establishment of a satellite office of the board of registration is clearly recognized in association with voting by absentee ballot.

As specified by S.C. Code Ann. § 7-15-20, a provision of Chapter 15 of Title 7 dealing with absentee registration and voting, the provisions dealing with absentee registration and voting, " ... shall be liberally construed in order to effectuate their purposes." Moreover, in its decision in Knight v. State Board of Canvassers, 297 S.C. 55, 374 S.E.2d 685 (1988), the State Supreme Court referred to Section 7-15-20 in recognizing the requirement that " ... our General Assembly has specified that statutes concerning absentee registration and absentee voting shall be liberally construed." Construing these provisions together, in the opinion of this office, a county board of registration may establish offices other than the principal office of the county board of registration at which absentee ballots may be cast prior to the date of the general election. 1 Of course, the opening of such a satellite office would be a matter within the discretion of the county governing body. Also, in order to vote by absentee, a voter must meet the statutory requirements of an absentee voter. See: S.C. Code Ann. § 7-15-320. Very truly yours, Henry McMaster
~1/1ey General

(VJ ;ff. 12 G( ~ -~
By:

Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

~D·~

RoertD:COOk

Deputy Attorney General
1

We are advised that the State Election Commission has held this same interpretation over many years. We understand that based upon the State Election Commission's interpretation, one or more counties have established satellite offices and permitted absentee voting at those offices. While our conclusion herein is based upon our own interpretation of the relevant statutes, we also believe it is important to note that the State Election Commission is of the same view.