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Bill

H 5545

Election equipment

2025-2026 Regular Session Introduced by Mark Smith

South Carolina bans purchasing election systems or related services from foreign adversary–owned or controlled companies.

Referred to Committee on Ways and Means
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WeVote Research Nonpartisan
Bill Summary · H 5545

Summary of Bill H 5545 (2025-2026) – South Carolina

Purpose and intent

  • Prohibits state agencies and local governments in South Carolina from purchasing, leasing, licensing, or otherwise acquiring election systems, election-related equipment, or election-related services from companies owned or controlled by a foreign adversary.
  • Aligns state procurement with concerns about election security by restricting involvement with potentially adversarial foreign entities.

Key provisions and changes

Definitions (Section 7-13-1630(A))

  • Company: Includes any corporation, partnership, association, or other legal entity, including subsidiaries or affiliates.
  • Control: Broadly defined to include any entity under the jurisdiction or direction of another entity.
  • Election systems/election-related equipment/services: Broad list covering:
    • Voting machines/systems
    • Ballot marking devices
    • Ballot tabulation or vote-counting equipment
    • Electronic poll books
    • Voter registration systems/databases
    • Election management software
    • Systems for transmitting, storing, auditing, or reporting election data
    • Any component, subcomponent, or service integral to election administration
  • Foreign adversary: Any foreign government or foreign non-government person designated as a foreign adversary by the U.S. Secretary of Commerce under 15 C.F.R. 7.4 (or successor regulation).

Prohibitions on procurement (Section 7-13-1630(B))

  • State agencies, counties, municipalities, or other political subdivisions may not acquire election systems, equipment, or services from:
    • A company owned, in whole or in part, by a foreign adversary, or
    • A company under the jurisdiction, direction, or control of a foreign adversary.

Vendor certification and contract consequences (Section 7-13-1630(C))

  • Vendors must certify under penalty of perjury that they are not owned or controlled by a foreign adversary.
  • Contracts entered in violation are voidable by the State or political subdivision.
  • Vendors that knowingly provide false certification face:
    • Civil penalty up to $10,000 per violation
    • Termination of any existing contract
    • Potential prohibition from contracting with South Carolina for up to five years

Enforcement and implementation (Section 7-13-1630(D)-(F))

  • The Attorney General or the State Election Commission may:
    • Seek injunctions
    • Seek to declare contracts void or voidable
    • Seek other appropriate relief
  • Actions to be filed in the circuit court with appropriate jurisdiction.
  • The State Election Commission may promulgate regulations to implement the section.
  • The section must be construed consistent with federal law and not conflict with treaties or federal requirements.

Transitional provisions (Section 2)

  • Existing election systems/equipment under contract or in use as of the effective date may continue until:
    • The contract expires, or
    • July 1, 2029 (whichever is earlier).
  • The State Election Commission can grant temporary waivers if:
    • No reasonable alternative exists, and
    • Continued use does not pose a material risk to election integrity or security.
  • Waivers must be reported in writing to the Governor and General Assembly.

Effective date

  • Takes effect upon approval by the Governor.

Administrative and political process notes

  • Introduced April 16, 2026; referred to the Ways and Means Committee.
  • Party sponsorship includes a co-sponsor: Mark Smith.

Potential impact

  • Purchasing and vendor diversification: Likely restricts participation from foreign-adversary-owned or controlled vendors, encouraging procurement from domestically owned or compliant entities.
  • Election security alignment: Signals a heightened emphasis on securing election infrastructure from perceived foreign influence.
  • Transitional period: Provides a phased approach allowing current contracts to run through mid-2029, with opportunities for waivers under specific conditions.
  • Compliance and enforcement: Establishes penalties for false vendor certifications and authorizes court-based remedies and agency regulations to ensure enforcement.

If you’d like, I can compare this bill to current SC procurement rules or provide a quick risk/benefit assessment.

Compiled from official sources — confirm details with the bill’s official record.

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