South Carolina Sports Betting

South Carolina betting options are scarce, but some lawmakers are interested in changing the status quo. Developments in 2023 point to growing support for legal South Carolina sports betting.

Until state law changes, the closest alternative to online sports betting in South Carolina is daily fantasy sports. Major DFS operators are active in South Carolina, but the state has yet to formally legalize and regulate fantasy sports contests.

Other typical forms of gambling, land-based casinos, and pari-mutuel horse racing betting are prohibited, leaving South Carolina residents with few other gambling options aside from the state lottery and two cruise ship casinos that sail into international waters.

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Will South Carolina Legalize Sports Betting?

South Carolina is not on the shortlist of states to legalize sports betting, but lawmakers have introduced multiple bills in recent years to change state law.

In April 2022, lawmakers introduced HB 5277 to authorize up to 12 online sportsbooks in South Carolina. The bill would have implemented a $500,000 initial licensing fee and a 10% tax on revenues. In addition, the legislation would allow South Carolina sports betting sites to accept cryptocurrency deposits. However, the bill never advanced beyond the committee phase.

Another bill prefiled in late 2022 ahead of the 2023 session sought a constitutional amendment to legalize sports betting in South Carolina. H 3095 was light on details because it only set the stage for a statewide referendum asking voters if they support giving lawmakers the power to regulate sports wagering, pari-mutuel horse racing betting, and casino gambling. If approved, the measure would have moved South Carolina one important step closer to legalization.

South Carolina lawmakers have increasingly warmed toward legalizing sports betting, but they face significant obstacles. For one, the lack of a commercial gambling industry that would otherwise provide the experience, infrastructure, and lobbying activities makes legalizing South Carolina sports betting an uphill trek.

To further complicate matters, legalizing sports betting in South Carolina would require amending the state constitution. Amending the constitution would in turn require a statewide referendum and the approval of voters.

In early 2022, South Carolina Governor gubernatorial candidate Joe Cunningham came out in support of legalizing online sports betting and retail sportsbooks. In a statement, he said this:

“The fact is sports betting is already happening in South Carolina; but it’s underground, unregulated, and brings in zero tax revenue for our state. So we have two options: we can let the bookies run the entire industry and keep it underground with no tax revenue for our state, or we can bring it above board, regulate it, tax it, and fix problems with the money.”

However, whether pro-gaming lawmakers can get the support they need to legalize South Carolina sports betting remains to be seen.

As neighboring states proceed to legalize sports betting, South Carolina lawmakers may be persuaded to revisit the issue, particularly if they begin seeing significant sums of money leave South Carolina as residents cross state lines to bet on sports.

North Carolina is home to retail sportsbooks at tribal casinos just across the border while TennesseeVirginia, and West Virginia have all passed laws authorizing online sports betting and mobile apps.

Lawmakers took an early stab at legalizing South Carolina sports betting in 2017 with the introduction of HB 3102. The bill sought to amend the South Carolina Constitution to allow the General Assembly to authorize sports betting, pari-mutuel horse racing betting, and casino gambling but failed to gain any traction.

Lawmakers who supported the bill said legalizing South Carolina casinos, horse racing betting, and sports betting would help immensely in funding billions of dollars worth of infrastructure improvements and road repairs that are long overdue in the state. Lawmakers also expressed excitement at the prospect of luring major casino operators to the coast where they could set up large, resort-style casinos – imagine Myrtle Beach with large casinos overlooking the water.

The bill faced an uphill battle from the beginning, as it would have required an amendment to the state constitution. This would require not only a majority vote in both houses but also a statewide referendum that would give voters in South Carolina the ability to approve or block the proposal.

However, a poll taken in early 2017 yielded surprising results: 68% of voters favor the idea of legalizing gambling and inviting a limited number of casinos to set up shop in South Carolina. Despite those promising numbers, the bill never gained much traction before dying in the House.

In late 2018, lawmakers again attempted to legalize South Carolina sports wagering by filing a resolution to amend the SC constitution. Joint Resolution S. 57 would have allowed lawmakers to introduce legislation authorizing sports wagering, horse racing betting, and casino games. The bill died in committee in January 2019.

One bill dating to 2020, H 3395, called for a referendum that would allow voters to decide if the state should amend the constitution to authorize wagering on professional sports.

Had the bill passed, the question of sports betting would appear on the next ballot for voters to weigh in on the issue. And had voters approved, the next step would have been for lawmakers to craft legislation that fills in the details.

The bill only sought to authorize wagering on professional sports, but it would mark a significant step forward in a state traditionally opposed to most forms of gambling.

South Carolina Daily Fantasy Sports

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The legality of daily fantasy sports in South Carolina has never been firmly addressed. Although South Carolina is a restrictive state in matters of gaming, daily fantasy sports sites have offered their services to residents for years without pushback from authorities.

The legal status of daily fantasy sports sites that accept South Carolina residents seems to be of little concern to state officials. Back in 2015, WYFF News 4 asked the Eighth Circuit Deputy Solicitor for an opinion on DFS and received this answer:

“it’s legal until it’s declared otherwise. I have not heard of any groundswell against it in South Carolina. I’m not sure how much energy there is to do something about it.”

 The Office of the Attorney General indicated a similar lack of concern. When asked about DFS, the AG’s office stated that it had not received any complaints related to daily fantasy sports in South Carolina or requests for a legal opinion.

That appears to be the case to this day. South Carolina daily fantasy sites and mobile apps operate in a grey area of South Carolina law but are under no pressure to exit the state.

South Carolina Horse Racing Betting

Horse racing occurs in South Carolina, but wagering on races is outlawed across the state. Betting in-person and online is prohibited across South Carolina as a part of the state’s general reticence regarding all things gambling.

Until the state constitution is amended and new legislation approved, South Carolina horse racing will remain a pure spectator sport, with no wagering allowed. Despite the unfavorable conditions for gambling, South Carolina does host a handful of highly regarded horse racing events each year.

Legal online horse racing betting in South Carolina remains a distinct possibility. Lawmakers introduced legislation in 2022 and 2023 that would have legalized advance deposit wagering. The 2022 effort ran headfirst into strong opposition, with the governor vowing to veto any gambling legislation that reaches his desk. The following year’s effort performed much better, passing a full House vote before running out of steam in the Senate.

South Carolina Online Gambling

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South Carolina’s gaming laws are among the most restrictive in the nation, and under some interpretations may even prohibit any game involving dice or cards even if no money exchanges hands. Online gambling is similarly restricted and there appears to be almost no support to authorize online casinos or poker sites.

SC Code § 16-19-40 was originally written in 1802 and is responsible for banning most forms of gaming across the state with few exceptions:

If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense.

Part (a) above is the key piece of text that frustrates so many attempts at organizing any form of gaming in South Carolina. The fact that it says “any game with cards or dice” but doesn’t mention any involvement of money could be interpreted to outlaw even friendly kitchen table games in which the players bet absolutely nothing.

Some state authorities have been known to interpret the law as meaning exactly that. In one instance, state police warned a retirement community that its friendly bridge club was in violation of state gambling law.

SC Code § 16-19-70 further illustrates the state’s level of discomfort with gambling. Under that provision, the operation of or playing of table games on the Sabbath is considered an offense punishable by a fine of $50.

Some state lawmakers have pushed back against these laws and threatened to drop the state’s anti-gambling laws altogether. In 2014, the SC Senate voted unanimously to pass a law that would allow retirees to legally play bridge.

In the discussions leading up to the passage of the bill, gambling opponents expressed great concern that the bill would have “unintended consequences” that could potentially open legal loopholes to allow additional forms of gambling. In such an environment, the odds of legalizing online gambling in South Carolina in the near future are slim.

South Carolina Sports Betting FAQ

No. Legalizing South Carolina sportsbooks and betting apps has proven challenging in a state long opposed to most forms of gambling.

It’s unclear when South Carolina will legalize sports betting. Lawmakers have introduced legislation each year since the Supreme Court overturned PASPA, but their efforts have come up short every time.

Yes. DraftKings offers daily fantasy sports contests in South Carolina. If South Carolina legalizes sports wagering, DraftKings will likely be one of the first operators to launch its online sportsbook.

Yes. FanDuel offers daily fantasy contests but not sports betting in South Carolina.

Contests offered by legal South Carolina betting apps like PrizePicks are technically daily fantasy games, but they feel more like sports wagering. Both DFS sites host contests played against the house where customers make predictions like the over/under on certain stats or which athlete will score the most points for real money payouts.

No. South Carolina law prohibits all forms of horse racing betting.