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Bill > H5183


SC H5183

SC H5183
Closed primaries


summary

Introduced
02/12/2026
In Committee
02/12/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

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.

AI Summary

This bill, titled "Closed primaries," proposes significant changes to South Carolina's election laws, primarily aiming to restrict who can vote in partisan primary elections and partisan advisory referendums. Starting January 1, 2027, individuals will generally only be allowed to vote in a primary election or referendum of a political party if they are registered as a member of that specific party, unless that party formally opts to allow independent voters (those not affiliated with any party) to participate with advance notice to the State Election Commission. The bill mandates that voter registration forms will now require individuals to declare their political party affiliation, or to register as an independent, and this choice will be recorded by the State Election Commission. It also outlines procedures for changing party affiliation or opting out of affiliation, requiring an affidavit to be signed at least thirty days before a primary. The State Election Commission will be responsible for assisting county election officials in capturing and maintaining this party affiliation data. Importantly, the bill includes a transition period, allowing voters to cast ballots in primaries held before January 1, 2027, by signing an affidavit affirming their party membership or independent status at the polling place, with full implementation of the new requirements taking effect after that date.

Committee Categories

Justice

Sponsors (30)

Last Action

House Tort Reform Ad Hoc Committee on 4544, 4670, 5183 (15:00:00 3/3/2026 Blatt Room 516) (on 03/03/2026)

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