South Carolina

South Carolina and the Free and Open Elections Clause

Election Law Society · March 28, 2022 ·

By: Anna Miller

In May 2020, the Supreme Court of South Carolina was asked to rule on whether the COVID-19 pandemic constituted enough of a “physical disability” to allow all South Carolina voters to vote absentee in the 2020 election. Currently, South Carolina election law requires absentee voters to have an approved reason for casting an absentee ballot, including being unable to cast an in-person vote due to physical disability. South Carlina Code Section 7-15-310 defines physical disability as “a person who, because of injury or illness, cannot be present in person at his voting place on election day.”

In Bailey v. SEC, the South Carolina Democratic Party sued the South Carolina State Election Commission to reinterpret this provision in light of the global pandemic, which would allow every voter to vote absentee without changing South Carolina’s election laws. However, while this case was pending before the South Carolina Supreme Court, the South Carolina legislature made temporary changes to the election law allowing regions under a state of emergency declaration to vote absentee without a stated reason.

A Proposed South Carolina Bill to Continue COVID-19 Expansion of Voting Accessibility

Election Law Society · November 24, 2021 ·

By: Anna Miller

In February 2021, the South Carolina House of Representatives began to consider several fundamental changes to the voting process through the general reform bill, H. 3822. As the temporary measures adopted in response to the COVID-19 pandemic have expired, representatives have debated extending and even expanding these measures. Reform proponents argued in support of increasing accessibility to absentee voting, including eliminating the requirement that the absentee voter sign their ballot in the presence of a witness, and then get that witness to also sign the ballot. This bill seeks to codify that change and to further increase ease of access to absentee voting. For example, absentee voters would no longer be required to provide a reason for casting their ballot from outside the state- the bill would completely repeal Section 7-15-320 of the 1976 Code, which provided a list of approved reasons for casting an absentee ballot.

Supreme Court Overturns Lower Courts’ Rulings on South Carolina’s Absentee Ballot Witness Requirement

vebrankovic · November 25, 2020 ·

On October 5, 2020, the Supreme Court stayed the South Carolina Federal District Court’s September 18, 2020 order enjoining the South Carolina State Election Commission (“SCEC”) from enforcing the state’s witness requirement for absentee ballots. The witness requirement refers to South Carolina law that requires another person to witness an absentee voter’s signature on the absentee ballot envelope for the November 2020 general election. The law requires the witness to sign the absentee ballot envelop and provides that noncompliant absentee ballots “may not be counted.” However, the Supreme Court’s order granted a narrow exception for ballots if they were cast before the Court issued this stay and were “received within two days” of the order.

It would have been helpful if the Court’s majority had explained the rationale behind its order, given that it overturned both the district court and the Fourth Circuit, which had refused to stay the district court’s preliminary injunction when it considered the matter en banc. The only rationale in the Court’s opinion was provided by Justice Kavanaugh, who concurred with the majority based on “two alternative and independent reasons.” However, as shown below, Kavanaugh’s reasons alone do not seem to provide adequate justification for issuing the stay.

U.S. District Court Changes South Carolina Absentee Ballot Witness Requirement

Election Law Society · October 21, 2020 ·

September was an eventful month for South Carolina’s absentee voting laws. On September 16, 2020, the Governor of South Carolina signed into law the state legislature’s bill H5305, which, in effect, permits all registered voters in South Carolina to vote by absentee ballot for the November 3, 2020 General Election. On September 18, 2020, the United States District Court for the District of South Carolina, Columbia Division, issued a preliminary injunction against the South Carolina State Election Commission (“SCEC”) in Middleton v. Andino, No. 3:20-CV-01730-JMC (D.S.C. Sept. 18, 2020). The court enjoined the SCEC from enforcing South Carolina law requiring another person to witness an absentee voter’s signature on the absentee ballot envelope for the November 2020 general election. South Carolina law requires absentee voters to sign an oath on their absentee ballot envelope in the presence of a witness, who must also sign and provide their address on the ballot envelope. Additionally, Section 7-15-420 of the South Carolina Code provides that an absentee ballot “may not be counted unless the oath is properly signed and witnessed.” Section 6(a) of the recently passed H5305 bill provides that the absentee ballot envelopes will be examined “in accordance with the requirements of Section 7-15-420.”

There are three reasons that the district court in Middleton reached the right result in issuing the preliminary injunction.

Something Fishy in South Carolina Referendum

Election Law Society · October 20, 2017 ·

By: Chandler Crenshaw

Picture Source Credit: Here

Concern of voter intimidation is not a novelty in politics. When elections may be close, supporters of a proposition may sometimes attempt to influence the election by giving voters an incentive to go to the ballot box for their cause. When these types of allegations occur, they often cause the people to view election results as “fishy”. In South Carolina, a recent school board referendum in Laurens County, situated in the northwest corridor of the state, was fishy. Rather, while the election results were not close, opponents of a failed tax referendum were accused of influencing voters by offering free fish sandwiches to those who voted. [Read more…] about Something Fishy in South Carolina Referendum