The Constitution ensures the right to vote, including the right to cast an effective ballot. But for years the South Carolina State Election Commission (SEC) has maintained an obsolete, unsecured voting system that failed to ensure that South Carolinians’ votes were counted accurately.

In July 2018, South Carolina businessman Frank Heindel and former state Senator Phil Leventis filed a lawsuit against the commissioners and executive director of the SEC demanding that they protect the voters of South Carolina by ensuring that all votes are recorded and counted accurately. The lawsuit claimed that South Carolina’s paperless iVotronic voting system undermined South Carolinians’ right to vote in violation of the U.S. Constitution, and asked the court to order the SEC to address voting system deficiencies promptly.

The plaintiffs were represented in the District Court by Protect Democracy, Nexsen Pruet, and Kramer Levin. An appeal of the District Court’s motion to dismiss ruling, filed by Protect Democracy and Kramer Levin, is pending.

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