H 5447

South Carolina General Assembly
126th Session, 2025-2026
Bill 5447
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 3, Chapter 5, Title 7 of the S.C. Code is
amended by adding:
    Section
7-5-115. (A) Beginning on January 1,
2027, only an elector registered as a member of a certified political party may
vote in a partisan primary election or partisan advisory referendum of the
certified political party with which that elector is registered, unless that
political party has taken action to open its partisan primary election or
partisan advisory referendum to independent electors unaffiliated with a
certified political party and has advised the State Election Commission, in
writing, no more than one hundred eighty days and no less than sixty days in
advance of the partisan primary election or partisan advisory referendum of
that action. In no event may an elector registered as a member of a certified
political party vote in the partisan primary election or partisan advisory
referendum of a certified political party with which that elector is not
registered.
    (B) The
State Election Commission shall assist the county entities charged by law with
registering electors with creating and maintaining a list of all electors
registered by party affiliation. The State Election Commission shall indicate
in the state voter file what selection an elector makes. To expedite the
registration of electors, the county boards of voter registration and elections
shall allow electors to register by party, if they wish, at all partisan
primary elections conducted before January 1, 2027, by having an elector sign
the following statement before an election official overseeing the conduct of
the partisan primary election:
    "I do solemnly swear
(or affirm) that I am a resident of South Carolina and a registered voter in
this precinct. I further swear (or affirm) that I hereby choose to: (a)
register as a member of a certified political party, specifically the
________________ Party; or (b) register as an independent voter, unaffiliated
with a certified political party."
    The form to be signed
by the elector may specifically list all of the certified political parties
from which the elector may choose and must contain the option for the elector
to register as an independent voter unaffiliated with a certified political party.
In an instance where an elector fails, for whatever reason, to select
membership in one of the certified political parties, that elector must be
deemed to have chosen to be registered as an independent voter unaffiliated
with a certified political party.
    (C)
Prior to June 1, 2026, the county boards of voter registration and elections
shall contact the qualified electors of that county, by whatever method it
determines to be appropriate, informing them of partisan primary voting
procedures as provided in this section.
SECTION 2.  Section 7-5-110 of the S.C. Code is amended to read:
    Section
7-5-110. (A) NoA
person shall be allowed to may
not vote at any in a
partisan primary election or a partisan advisory
referendum unless he shall be is registered as herein being a member of that political party as required by the provisions of this chapter.
    (B) The State Election Commission shall
assist the county boards charged by law with registering electors with
capturing the data and maintaining a list of all electors registered by party
affiliation. To expedite the registration of electors, the county entities
shall allow electors to register by party, if they wish, at all partisan
primary elections conducted before January 1, 2027.
    (C) After the first primary is conducted
under the provisions of this section, the entity charged by law with
registering qualified electors shall contact the qualified electors of that
county, by whatever method it determines to be appropriate, informing them of
partisan primary voting procedures as provided in this section.
    (D) The State Election Commission shall
provide a format for absentee voting registration to comply with the provisions
of this section.
SECTION 3.  Section 7-5-170 of the S.C. Code is amended to read:
    Section
7-5-170. (1)(A) Written application
required. A person may not be registered to vote except upon written
application or electronic application pursuant to Section 7-5-185,. which
shall become That application becomes a part
of the permanent records of the board to which it is presented and which must be open to public inspection. However, the
social security number contained in the application must not be open to public
inspection.
    (2)(B) Form of application. - The
application must be on a form prescribed and provided by the executive director
and shall contain the following information:  name, sex, race, social security
number, date of birth, residence address, mailing address, telephone number of
the applicant, political party affiliation, if any, and
location of prior voter registration. The applicant must
shall affirm that he is not under a court order
declaring him mentally incompetent, confined in any
a public prison, has never been convicted of a
felony or offense against the election laws, or if previously convicted that he
has served his entire sentence, including probation and parole time, or has
received a pardon for the conviction. Additionally, the applicant must shall take the
following oath: "I, do solemnly swear (or affirm) that I am a citizen of the
United States and that on the date of the next ensuing election, I will have
attained the age of eighteen years and am a resident of South Carolina, this
county, and of my precinct. I further swear (or affirm) that the present
residence address listed herein on my application is my sole legal place of residence,
that I claim no other place as my legal residence, and that, to my knowledge, I
am neither registered nor intend to register to vote in another state or
county. I further swear (or affirm) that I hereby choose
to: (a) register as a member of a certified political party, specifically the
______________ Party; or (b) register as an independent voter, unaffiliated
with a certified political party."
    (C) Fraudulent application. AnyAn applicant convicted of
fraudulently applying for registration is guilty of perjury and is subject to
the penalty for that offense.
    (3)(D) Date stamp voter registration applications. - The county board of voter registration and elections
shall date stamp all voter registration applications delivered in person,
electronically, or by mail as of the date received.
    (4)(E) Failure to select a party. The form to be signed by the
elector may specifically list all of the certified political parties from which
the elector may choose and must contain the option for the elector to register
as an independent voter, unaffiliated with a certified political party. In an
instance where an elector fails, for whatever reason, to select membership in
one of the certified political parties, that elector must be deemed to have
chosen to be registered as an independent voter, unaffiliated with a certified
political party.
(F) Administration of
oaths. - Any member of the county board of voter
registration and elections, deputy registrar, or any registration clerk must be
qualified to administer oaths in connection with the application.
    (5)(G) Decisions on applications. - Any A member of the county
board of voter registration and elections, deputy registrar, or registration
clerk may pass on the qualifications of the prospective voter. In case of a
question of an applicant being refused registration, at least one member of the
board shall pass on the qualifications of the voter. A concise statement of the
reasons for the refusal must be written on the application.
SECTION 4.  Section 7-9-20 of the S.C. Code is amended to read:
    Section
7-9-20.  (A)The qualifications To qualify for membership in a certified political party and for voting at a
party primary election include the following:  the applicant for membership, or
voter, must be at least eighteen years of age or become so before the
succeeding general election, and must be a registered elector and a citizen of
the United States and of this State. A person may not vote in a primary unless
he is a registered elector. The state convention of any political party,
organization, or association in this State may add by party rules to the
qualifications for membership in the party, organization, or association and
for voting at the primary elections if the qualifications do not conflict with
the provisions of this section or with the Constitution and laws of this State
or of the United States. to meet the criteria for
voting in a party's partisan primary election or partisan advisory referendum,
unless a certified political party has taken action to open its partisan
primary election or partisan advisory referendum to independent electors
unaffiliated with a certified political party pursuant to the requirements of
Section 7-5-115, the applicant for membership, or voter, must be:
       (1) at least eighteen years of age or
become so before the succeeding general election;
       (2) a registered elector, a citizen of
the United States and of this State; and
       (3) registered as a member of the
certified political party.
    (B) A person may not belong to a party
club or vote in a partisan primary election unless he is a registered elector
and a member of that party. The state convention of a political party,
organization, or association in this State may add by party rules to the
qualifications for membership in the party, organization, or association and
for voting at the primary elections if the qualifications do not conflict with
the provisions of this section or with the Constitution and laws of this State
or of the United States.
    (C) The county boards of voter
registration and elections charged by law with conducting a primary shall allow
an elector to change his political party affiliation by executing an affidavit
no later than thirty days before the primary. During that time, an elector may
execute an affidavit declaring that he desires not to be affiliated with a
political party. The choice to affiliate with a political party or remain
independent and unaffiliated with a certified political party is valid until
changed by the qualified elector pursuant to the provisions of this section. In
an instance where an elector fails, for whatever reason, to select membership
in one of the certified political parties, that elector must be deemed to have
chosen to be registered as an independent voter, unaffiliated with a certified
political party.
    (D) When a qualified elector presents
himself at a polling place to vote in a partisan primary election or partisan
advisory referendum, the entity charged by law with conducting the election or
its representative shall require the qualified elector to sign an affidavit
affirming that he is a member of the party conducting the primary, or that he
is an independent elector unaffiliated with a certified political party who
meets the criteria established by that political party to vote in that
particular partisan primary election or partisan advisory referendum pursuant
to the requirements of Section 7-5-115. If the qualified elector does not sign
this affidavit, he may not vote in the partisan primary election or partisan
advisory referendum.
SECTION 5.  Notwithstanding
the provisions of this act, in all primaries conducted before January 1, 2027,
an elector is permitted to vote if he signs the affidavit required by this act
when he presents himself to vote or submits an absentee ballot application.
After January 1, 2027, all political party primaries must be conducted pursuant
to the provisions of this act.
SECTION 6.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 26, 2026 at 12:10 PM