South Carolina House Bill H5355

South Carolina 2025-2026 Regular Session

• Introduced: 3/11/26
• Refer: 3/11/26

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-5-115 SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY; BY AMENDING SECTION 7-5-110, RELATING TO REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT POLITICAL PARTY; BY AMENDING SECTION 7-5-170, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH, AND TO REQUIRE THE STATE ELECTION COMMISSION TO ASSIST IN CAPTURING THIS DATA; AND BY AMENDING SECTION 7-9-20, RELATING TO QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY AND TO PROVIDE A PROCEDURE FOR CHANGING POLITICAL PARTY AFFILIATION OR NONAFFILIATION AFTER A SELECTION HAS BEEN MADE.

Impact

The bill is expected to have significant implications for election processes in South Carolina. By enforcing closed primaries, the legislation will alter the landscape of political participation, ensuring that only committed party members have a say in determining party candidates. This change may impact voter turnout and the dynamics of independent voters who wish to engage in primary elections. The State Election Commission is tasked with creating and maintaining a list of registered voters by party affiliation, which also aims to streamline the voting process.

Summary

House Bill 5355 aims to amend the South Carolina Code of Laws to ensure that only registered members of certified political parties can vote in partisan primary elections or referendums. The bill introduces a requirement for individuals to register as members of a political party to participate in that party's primary elections starting January 1, 2027. It seeks to clarify the voter registration process by requiring voters to state their political party affiliation on registration forms and includes provisions for changing party affiliation or becoming an independent voter.

Contention

Discussion surrounding HB 5355 has emphasized concerns regarding the potential exclusion of independent voters from the electoral process. Critics argue that closed primaries could disenfranchise a significant portion of the electorate who may not identify with any single political party. Supporters, however, assert that the bill enhances party integrity and ensures that primary voters genuinely represent the party's base. The debate illustrates broader questions about the balance between party autonomy and voter access in the state's election system.