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Bill > H5358


SC H5358

SC H5358
Closed primaries


summary

Introduced
03/11/2026
In Committee
03/11/2026
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," aims to significantly alter how partisan primary elections and advisory referendums are conducted in South Carolina, moving towards a system where voters must be registered with a specific political party to participate in that party's primary. Starting January 1, 2027, individuals will generally only be allowed to vote in a partisan primary or advisory referendum if they are registered as a member of that particular certified political party, unless that party formally opts to open its primary to unaffiliated voters with advance notice to the State Election Commission. The bill mandates that voter registration forms and oaths will now require individuals to state their political party affiliation, if any, and the State Election Commission will be responsible for capturing and maintaining this data. It also establishes procedures for changing party affiliation or opting to be an independent voter, with a deadline of thirty days before a primary for such changes. Importantly, for primaries held before January 1, 2027, voters will still be permitted to participate if they sign an affidavit affirming their party membership at the time of voting or absentee ballot application, providing a transition period for the new system.

Committee Categories

Justice

Sponsors (11)

Last Action

Referred to Committee on Judiciary (on 03/11/2026)

bill text


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