H 5545

South Carolina General Assembly
126th Session, 2025-2026
Bill 5545
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
7-13-1630 SO AS TO PROHIBIT STATE AGENCIES AND LOCAL GOVERNMENTS FROM
PURCHASING, LEASING, LICENSING, OR OTHERWISE ACQUIRING ELECTION SYSTEMS OR
ELECTION-RELATED EQUIPMENT OR SERVICES FROM COMPANIES OWNED OR CONTROLLED BY A
FOREIGN ADVERSARY.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 15, Chapter 13, Title 7 of the S.C. Code is
amended by adding:
    Section
7-13-1630. (A) As used in this
section:
       (1)
"Company" means any corporation, partnership, association, or other legal
entity, including any subsidiary or affiliate.
       (2)
"Control" means any corporation, partnership, association, or other legal
entity, including any subsidiary or affiliate.
       (3)
"Election system," "election-related equipment," or "election-related services"
includes, but is not limited to:
  (a)
voting machines or a voting system as defined pursuant to Section 7-13-1655;
  (b)
ballot marking devices;
  (c)
ballot tabulation or vote-counting equipment;
  (d)
electronic poll books;
  (e)
voter registration systems or databases;
  (f)
election management software;
  (g)
systems used to transmit, store, audit, or report election data; and
  (h)
any component, subcomponent, or service that is integral to the administration
of an election.
       (4)
"Foreign adversary" means any foreign government or foreign nongovernment
person determined by the United States Secretary of Commerce to be a foreign
adversary pursuant to 15 C.F.R. Section 7.4, or any successor regulation.
    (B) A
state agency, county, municipality, or other political subdivision of this
State may not purchase, lease, license, contract for, or otherwise acquire any
election system, election-related equipment, or election-related services from:
       (1)
a company owned, in whole or in part, by a foreign adversary; or
       (2)
a company that is subject to the jurisdiction, direction, or control of a
foreign adversary.
    (C)(1) A vendor seeking to provide any
equipment or services described in subsection (A)(3) shall certify, under
penalty of perjury, that the vendor is not owned, controlled by, or subject to
the jurisdiction or direction of a foreign adversary.
       (2)
A contract entered into in violation of this section is voidable by the State
or political subdivision.
       (3)
A vendor that knowingly provides a false certification:
  (a)
is subject to a civil penalty not to exceed ten thousand dollars per violation;
  (b)
is subject to termination of any existing contract; and
  (c)
may be prohibited from contracting with this State or any political subdivision
for a period of up to five years.
    (D)(1) The Attorney General or the State
Election Commission may bring an action to:
  (a)
enjoin a violation of this section;
  (b)
declare a contract void or voidable; or
  (c)
seek any other appropriate relief.
       (2)
An action brought pursuant to this subsection must be filed in the circuit
court of appropriate jurisdiction.
    (E)
The State Election Commission may promulgate regulations necessary to implement
the provisions of this section.
    (F) This
section must be construed in a manner consistent with federal law and may not
be applied in a manner that conflicts with any applicable treaty or federal
requirement.
SECTION 2.  (A) An election system, election-related equipment, or
election-related service in use or under contract as of the effective date of
this section may continue to be used until the earlier of:
       (1) the
expiration of the contract; or
       (2) July 1,
2029.
    (B) The State
Election Commission may grant a temporary waiver upon a showing that:
       (1) no
reasonable alternative is available; and
       (2) continued
use does not pose a material risk to election integrity or security.
    (C) Any waiver
granted pursuant to subsection (B) must be reported in writing to the Governor
and the General Assembly.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 16, 2026 at 11:02 AM