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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