Beaufort board asks rules committee to update handbook on FOIA and remote participation

The Beaufort County Board of Voter Registration and Elections unanimously voted Aug. 20 to ask its Rules Committee to amend the board handbook to clarify how members may participate electronically and what committee meetings must be open under the state Freedom of Information Act.

Chair (speaker 2) proposed the motion after a presentation by Deputy County Attorney Dylan Kidd, who advised the board that advisory and subcommittee meetings are generally subject to FOIA and that remote phone or video participation can count toward a quorum where case law permits it. Kidd also warned that email-only votes are not appropriate for matters such as canvassing, certification, protests or contests under Chapter 17 of Title 7.

The motion directed the Rules Committee to draft handbook language to: describe participation by phone or video and how it counts toward a quorum; make committee meetings subject to FOIA requirements in Title 30 of the South Carolina Code of Laws; and expressly exclude electronic participation for activities covered by Chapter 17 of Title 7 (canvassing, certification, protests and contests). The board recorded the motion as passing unanimously (seven in favor).

The change is procedural: it does not itself change state law but aims to reduce confusion about when electronic participation is appropriate and when in-person votes are required. Chair said the Rules Committee will return recommended language for full-board review and approval.

The board also discussed FOIA requests for communications and Kidd explained that the county FOIA office will coordinate with departments to collect only records responsive to a request, rather than searching or seizing entire personal accounts.