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; 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; AND BY AMENDING SECTION 7-13-40, RELATING TO THE CERTIFICATION OF NAMES BY A POLITICAL PARTY TO BE PLACED ON PRIMARY BALLOTS, SO AS TO PROVIDE THAT ONLY PERSONS WHO HAVE PARTICIPATED IN A POLITICAL PARTY'S RECENT STATEWIDE PRIMARIES AND ARE REGISTERED AS AFFILIATED WITH THE PARTY FOR A CERTAIN PERIOD OF TIME ARE ELIGIBLE TO APPEAR ON THE BALLOT FOR THAT PARTY'S PARTISAN PRIMARY UNLESS THE PARTY HAS TAKEN ACTION TO WAIVE THESE REQUIREMENTS.
Impact
The implications of HB 5359 are profound, primarily affecting voter registration processes in the state. Specifically, it requires that voters declare their political party affiliation during the registration process and stipulates that they may only vote in the primaries of the party they are affiliated with. This enhancement in party control could reduce the voting power of independent and unaffiliated voters, limiting their influence in primary elections. Furthermore, the State Election Commission is mandated to facilitate the collection and maintenance of voter affiliation records, which could lead to more stringent tracking of party registration.
Summary
House Bill 5359 introduces significant amendments to the South Carolina Code of Laws by establishing stricter regulations regarding participation in partisan primary elections. Under this bill, individuals must be registered as a member of a specific political party to vote in that party's primary or advisory referendum, a change intended to limit voting to party-affiliated individuals and thereby exclude unaffiliated voters unless expressly allowed by the political party. This legislative move aligns South Carolina with the increasing trend of adopting closed primary systems across the United States.
Contention
The bill has already sparked debate among lawmakers and advocacy groups. Proponents argue that it ensures that the party's base is primarily represented in the nomination process, safeguarding party integrity and cohesion. Conversely, critics contend that such restrictions disenfranchise independent voters and contradict principles of inclusivity in the electoral process. Issues surrounding voter participation, representation, and the integrity of elections are central to the ongoing discussions about the bill.
Implementation
Should HB 5359 pass, it will require the county boards of voter registration to implement changes effectively before June 1, 2026. They will be responsible for ensuring that electors are well informed about the new voting procedures, emphasizing the legal necessity for affiliation declarations. Although there is a phase-in period where existing rules apply, the complete adherence to the new regulations signifies a critical shift in South Carolina's electoral landscape.