DraftKings South Carolina: No Book, No Governor Backing It

DraftKings South Carolina is not stuck the way Minnesota or Wisconsin are stuck, waiting on one industry fight to resolve. It is stuck behind a constitutional wall from the year 1895, a sitting governor who has never once signaled he would sign a bill like this, and — the twist that makes 2026 different — the attorney general most likely to inherit that veto pen already opposes it too.

Legal status in South Carolina

South Carolina has never licensed any form of sports wagering, online or retail. Article XVII, Section 7 of the state constitution bars lotteries and gambling expansion outright; voters carved out one narrow exception in November 2000, approving the state education lottery by amendment. Sports betting has no equivalent carve-out. Senate Bill 444, filed by Sens. Tom Davis and Matt Leber, would create a South Carolina Sports Wagering Commission, cap the market at eight online operators, and tax adjusted gross revenue at 12.5% — and in February 2026 it became the first sports betting bill in state history to clear a Senate Labor, Commerce and Industry Committee hearing. It still has not received a committee vote. A companion measure, House Bill 3353, would amend Article XVII itself, since legislators pursuing that track in parallel suggests they doubt a statute alone would survive a constitutional challenge. Even if both cleared the General Assembly, Gov. Henry McMaster — term-limited and unable to run again in 2026 — has opposed gambling expansion throughout his tenure and is a likely veto. Attorney General Alan Wilson, one of the 2026 Republican front-runners to succeed him, has also come out against it, which matters more here than in most states: the person voters may hand that same veto pen to next already opposes the bill.

State gambling authority: No agency currently regulates sports wagering in South Carolina. S.444 would create a new South Carolina Sports Wagering Commission from scratch to license and tax up to eight online operators; nothing comparable exists today.

Three things stand between DraftKings and a South Carolina sportsbook, and none of them is a court case or an industry turf war. The first is an 1895 constitution. The second is a governor who has never wavered on gambling. The third is the attorney general running to replace him — who already agrees with him on this one issue.

The Constitutional Wall

Article XVII, Section 7 of South Carolina's constitution has barred lotteries and gambling expansion since the document was ratified. Voters have punched exactly one hole in it: a November 2000 ballot amendment authorizing a state-run education lottery, which launched in 2002. Sports betting has no equivalent carve-out today. That is why Senate Bill 444, the licensing framework itself, has a constitutional-amendment companion moving alongside it — House Bill 3353 — instead of standing alone. Lawmakers who want sports betting here appear to believe a statute by itself wouldn't survive a legal challenge.

February 2026: S.444 cleared a Senate Labor, Commerce and Industry Committee hearing — the furthest any sports betting bill has advanced in South Carolina history. It has not received a committee vote. The bill would cap the market at eight online operators and tax revenue at 12.5%.

Is DraftKings Legal in South Carolina? Two Governors Say No

Gov. Henry McMaster is term-limited and cannot run again in 2026, so most coverage of S.444 spends as much time on who comes next as on McMaster himself. He has opposed gambling expansion for his entire tenure with no exception carved out for sports betting. Attorney General Alan Wilson, one of the Republican front-runners to succeed him, has separately made his own opposition public. That is the part that makes South Carolina different from a state like Georgia, where the obstacle is a vote count that changes every session — here, the person likely to hold the veto pen in January 2027 has already told everyone how he'd use it.

Is DraftKings Legit and Safe in South Carolina?

Legit, without qualification — a Nasdaq-listed company running a real sportsbook in 27 other states plus D.C. has nothing to prove on that front. What actually operates in South Carolina today is DraftKings' daily fantasy sports product, and it sits in quieter territory than it does in Texas: no attorney general opinion here has ever called paid DFS contests illegal gambling, the way Texas's did in 2016. South Carolina's AG office has simply never weighed in, and DraftKings and FanDuel have operated DFS here for years without a challenge. Safe follows the same shape — standard verification and payout rails for the product that exists, and no sportsbook sign-up flow to evaluate because there isn't one.

What Happens If S.444 Actually Passes

The bill would stand up a South Carolina Sports Wagering Commission from nothing, license up to eight online operators, and tax adjusted gross revenue at 12.5% — a mid-range rate next to states like New York's 51% and Colorado's 10%. DraftKings would apply like any national operator. None of that framework exists yet, and a bill that stalls at committee has stalled at committee before: this is the furthest a sports betting bill has gotten in South Carolina, and it is still several steps and at least one likely veto away from a launch.

Bottom line: there is no DraftKings sportsbook to open in South Carolina, and 2026's attempt — genuinely further along than any before it — is still blocked by a constitutional requirement, a sitting governor, and his most likely successor. The DFS product works today and isn't waiting on any of this. Treat any deposit as entertainment spending. 21+ only, and if it stops feeling like entertainment, 1-800-GAMBLER is free and confidential.

DraftKings South Carolina — Frequently Asked Questions

Is DraftKings legal in South Carolina?

No. South Carolina has never licensed a sportsbook of any kind, and the state constitution — Article XVII, Section 7 — bars gambling expansion outright, with the 2000 education lottery amendment as the only exception voters have ever approved. Senate Bill 444 cleared its first Senate committee hearing in February 2026, the furthest any sports betting bill has gotten here, but it still needs a committee vote, floor passage in both chambers, and likely a governor willing to sign it — none of which has happened.

Is DraftKings safe to use in South Carolina?

There is no DraftKings sportsbook account to open here, so the usual license-and-geolocation version of that question does not apply. What DraftKings does offer in South Carolina — daily fantasy contests — runs on the same identity verification and payout systems the company uses in every state. The real risk for a South Carolina searcher is a site or ad implying a sportsbook sign-up exists. It doesn't.

Is DraftKings legit in South Carolina, or could DFS get shut down?

Legit as a company, yes — Nasdaq-listed, audited, a real operator in 27 other states. South Carolina's Attorney General has never issued an opinion on daily fantasy sports one way or the other, unlike Texas's 2016 opinion calling DFS likely illegal gambling. That silence has let DraftKings and FanDuel operate DFS here for years without a legal challenge, but it also means the question has never actually been settled — it has just never come up.

Why did South Carolina need a constitutional amendment bill, not just S.444?

Because South Carolina's constitution treats gambling expansion as a voter question, not a purely legislative one. Article XVII, Section 7 has prohibited lotteries and gambling since the 1895 constitution, and the only crack in that wall — the education lottery — came from a statewide ballot amendment in 2000, not a regular bill. House Bill 3353 would amend Article XVII directly to let the legislature authorize sports and casino gaming; running it alongside S.444 signals lawmakers aren't confident a licensing statute would survive a court challenge without that constitutional cover first.

Does the governor actually have to sign a sports betting bill in South Carolina?

Yes, like any bill, unless two-thirds of both chambers vote to override a veto. Gov. Henry McMaster has opposed gambling expansion consistently and is term-limited out of the 2026 race, which is why coverage of S.444 has focused as much on his likely successor as on him. Attorney General Alan Wilson, a leading 2026 gubernatorial candidate, has also spoken against legalization — so even a change in governor doesn't obviously change the outcome here.

When could DraftKings actually launch a sportsbook in South Carolina?

No earlier than 2027, and that assumes a lot goes right: S.444 (or a successor bill) clearing committee, passing both chambers, a constitutional amendment either already ratified or bundled in, and a governor willing to sign rather than veto. February 2026's committee hearing was real progress by South Carolina's standards, but "furthest a bill has ever gotten" is a low bar when no sports betting bill here has ever reached a floor vote.

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