A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-11-5 SO AS TO REQUIRE PRIMARY ELECTIONS FOR COUNTY, STATE, AND FEDERAL OFFICES, EXCEPT FOR PRESIDENT AND VICE PRESIDENT, TO BE CONDUCTED AS NONPARTISAN OPEN PRIMARY ELECTIONS IN WHICH THE TWO CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES ADVANCE TO THE GENERAL ELECTION; BY AMENDING SECTION 7-11-10, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO REPLACE REFERENCES TO POLITICAL PARTY PRIMARIES AND CONVENTIONS WITH THE CONDUCTING OF A NONPARTISAN OPEN PRIMARY; BY AMENDING SECTION 7-11-15, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO ALLOW ALL PERSONS SEEKING NOMINATION VIA NONPARTISAN OPEN PRIMARY TO FILE A STATEMENT OF INTENTION OF CANDIDACY ACCOMPANIED BY EITHER A FILING FEE OR A NOMINATING PETITION, AND TO PROVIDE THAT WRITE-IN CANDIDACIES ARE PERMITTED FOR ANY OFFICE ON THE NONPARTISAN OPEN PRIMARY BALLOT, BUT NOT ON THE GENERAL ELECTION BALLOT; BY AMENDING SECTION 7-13-40, RELATING TO THE CONDUCT OF PARTY PRIMARIES, SO AS TO REPLACE REFERENCES TO POLITICAL PARTY PRIMARIES WITH NONPARTISAN OPEN PRIMARY, TO PROVIDE THAT ALL CANDIDATES FOR AN OFFICE TO BE VOTED ON IN THE NONPARTISAN OPEN PRIMARY ARE LISTED ON A SINGLE BALLOT REGARDLESS OF POLITICAL PARTY AFFILIATION, IF ANY, AND TO ALLOW A CANDIDATE TO CHOOSE TO HAVE A PARTY WITH WHICH HE AFFILIATES DESIGNATED BY HIS NAME ON THE BALLOT; BY AMENDING SECTION 7-13-330, RELATING TO FORM OF GENERAL ELECTION BALLOTS, SO AS TO MAKE CONFORMING CHANGES AND REMOVE INSTRUCTIONS REGARDING STRAIGHT TICKET VOTING; BY AMENDING SECTION 7-13-350, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO CLARIFY THAT THE TOP TWO VOTE EARNERS FOR AN OFFICE FROM THE NONPARTISAN OPEN PRIMARY ARE TO BE CERTIFIED FOR INCLUSION ON THE GENERAL ELECTION BALLOT; BY AMENDING SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CLARIFY THE DEADLINES FOR SUBMITTING NOMINATING PETITIONS WITH REGARDS TO THE NONPARTISAN OPEN PRIMARY AS OPPOSED TO THE GENERAL ELECTION; BY AMENDING SECTION 7-13-360, RELATING TO PLACE ON BALLOT FOR WRITE-IN NAMES, SO AS TO REQUIRE SUCH PLACES ON NONPARTISAN OPEN PRIMARY BALLOTS, BUT NOT ON GENERAL ELECTION BALLOTS; BY AMENDING SECTION 7-13-610, RELATING TO PRIMARY BALLOT SPECIFICATIONS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 7-13-611, RELATING TO ARRANGEMENT OF OFFICIAL COUNTY AND STATE PRIMARY BALLOTS, SO AS TO MAKE CONFORMING CHANGES; BY REPEALING SECTION 7-11-30 RELATING TO CONVENTION NOMINATION OF CANDIDATES, SECTION 7-11-210 RELATING TO PARTY PLEDGE FILING REQUIREMENTS, AND SECTION 7-13-50 RELATING TO SECOND AND OTHER PRIMARIES.
The passage of H3640 would significantly change the political landscape in South Carolina, shifting the nomination process away from traditional party primaries to a system of open primaries. This could result in greater competition among candidates and potentially impact the types of candidates running for office. It is seen as a move towards inclusivity, likely appealing to independent voters who previously felt disenfranchised in party primaries. However, critics are concerned that this could dilute party identity and weaken the traditional party system, potentially leading to internal conflicts among party members as they adjust to the new system.
House Bill 3640 aims to amend the South Carolina Code of Laws to establish nonpartisan open primary elections for county, state, and federal offices, with the exception of presidential elections. The bill mandates that all candidates, regardless of political affiliation, be listed on a single primary ballot. The two candidates receiving the most votes would advance to the general election, creating a system intended to increase voter participation by allowing all eligible voters, regardless of party affiliation, to participate in the primary elections. Proponents of this bill argue it may lead to more moderate candidates and enhance democracy.
Notable points of contention surround the implications for political parties and their ability to maintain control over nominations. Opponents of the bill argue that nonpartisan open primaries could lead to candidates being elected without a strong party backing, which may hamper party cohesion and strategy. Additionally, there are concerns that it may encourage candidates to cater more to the general electorate rather than the party base, thus straying from core party principles. There are fears that this shift could undermine the purpose of primaries, which traditionally serve to select a party's strongest candidate for the general election.