The 2021-22 legislative session has been a roller coaster ride. Now that the regular session is largely over — although special summer sessions loom to complete the budget and to attempt to pass a draconian abortion prohibition bill — we can, with the help of our advocates Lynn Teague and Janelle Rivers, assess the winners and losers. 

VOTING

Voting, elections, and election security were top of mind for the League and the Legislature. More than 50 bills on voting ‑—many seeking expansive changes —were introduced in this session. At the end, one omnibus bill was passed and signed into law by Gov. Henry McMaster as Act 150.

That bill established no-excuse early voting in South Carolina ‑— something the League has long advocated for. Another significant positive is the requirement for risk-limiting audits, the “gold standard” for elections, according to Lynn. 

Although bipartisanship often feels like a fragment left over from a bygone era, Lynn points out her appreciation of House Majority Whip Brandon Newton for his “great degree of responsiveness… The most responsive negotiation that I can remember in recent history.”

But there were other less-positive provisions, including changes in absentee voting witness requirements, and the lack of a provision to provide for “notice and cure” of inaccurately filled out ballots.

What most concerns Lynn, however, is a very broad legislative “gag order” on state election officials. “They are to say nothing negative publicly about our election laws. We’ve gone from having what was supposed to be an independent agency answerable to voters and citizens to something that is very clearly under the thumb of partisan politicians,” explains Lynn. “That’s very disturbing.” This limitation is critical, especially when it comes to how honest the SEC members can be when talking to the press and to the public about election issues. 

Because of some of the absentee by mail process changes, Lynn notes, the League recommends that “even if you have a legitimate excuse, the process is now sufficiently complex that the chances you will have your ballot thrown out for technical defects, or not received in time, are high. For people who can vote in person (either early or on Election Day), they should do that.” 

CONSTITUTIONAL CONVENTION

This is a wolf in sheep’s clothing. Through two approved resolutions South Carolina adds its approval to a nationwide effort to convene an Article V Constitutional Convention. It sounds harmless enough, but that is far from reality. The broadest bill focuses on reining in the authority and powers of the federal government, fiscal responsibility, and term limits.

Lynn’s translation of reining in the government, based on public comments by supporters and legislators? “Do away with the Commerce Clause in the Constitution.” That would take the handcuffs off business and slap them on the government. The Commerce Clause has enabled important federal powers to protect us including those that integrated lunch counters and motels across the South and the EPA’s protection of our vulnerable environment.  “They want the federal government out of things like school integration, women's rights, or LGBTQ rights. The message for business would be “Do what you want to the environment, to consumers, to workers.”

And fiscal responsibility? “That means gutting Medicare and Social Security,” she explains. 

The narrower resolution states it would be limited to a balanced federal budget. Supporters have made clear that they mean reduced expenditures, not restoring any part of taxes on corporations and the wealthy. “If you cut the federal budget this much,” she says, “it would do all the things the broader bill would do because there would be no funding to enforce regulations or non-discrimination laws.” 

The approval of 34 states is required to call this convention. South Carolina becomes the “28th or 29th state,” Lynn adds.

EDUCATION

Several bills trying to limit what can be taught to students in grades K-12 were filed. After lengthy debate and public testimony, the House passed a consolidated bill: the South Carolina Transparency and Integrity in Education Act. The act includes prohibiting “certain concepts” from being taught, ways to punish teachers who violate the act, public review of curriculum “and materials,” and asserting that parents are “the primary source of the education of their children…” The bill failed in the Senate and may not make it out of the joint conference committee where it now sits, according to Janelle. 

“It’s a very partisan, culture war bill,” she explains. “It’s a memory bill. If you control people’s memory of events, you control the narrative of history, and control things going forward.”

One bill that did pass is labeled a “scholarship” act. But, again, another wolf in sheep’s clothing. The bill provides $5,000 scholarships to up to 5,000 Medicaid families to send their children to private school. But the funded amount falls short of what that move would cost, and does not take into account books, transportation, and other costs, making it unlikely many Medicaid families would be able to take advantage of the program. Once the Medicaid families’ applications have been handled, the bill provides for distribution of the remaining funds to any South Carolina family without means-testing.

One bill that sounds bad, but Janelle calls a “practical necessity,” would allow schools to hire “non-certified” teachers. Schools are struggling to find and retain teachers. “The Legislature has funded education poorly and teachers have not been respected, to the point that the pipeline is pretty slim,” she explains. Fewer people are going into public education and women, long the mainstay of the profession, “can get a lot more respect and make a lot more money doing something else.”

Janelle sums up the Legislative year for education this way: “There was a lot of lip service, but it did not match the reality of what was passed.”

LIGHTNING ROUND

A very fast look at some of the other important issues and how they fared.

The “personhood” bill that would have declared a fetus to be a person at fertilization (putting contraception and in-vitro fertilization for couples trying to conceive at risk) failed. But the bill requiring doctors to provide misleading and inaccurate information to patients going through a “medication abortion” was passed. A bill to remove sales tax from menstrual products, commonly known as the “pink tax, ” failed. But pharmacists are now able to prescribe birth control to women. If this seems incongruous to you, Lynn explains: “More moderate Republicans will tell you they want to support contraception access because they oppose abortion.”

State workers got six weeks of paid family leave but the bill left out teachers, who are not technically state employees.

• Equal pay. No.
• Hate crimes legislation. No.
• Medical marijuana. No.
• Removing racially offensive monuments from State House grounds. No.
• Medical professionals can refuse to treat patients based on personal conscience. Passed.
• Medicaid expansion. No. Lynn points out: “Even Arkansas passed Medicaid expansion.”

If it seems like a lot of big bills failed, you’re not wrong. 

Lynn sums up the session this way: “We celebrate the passage of early voting, realizing a longstanding League goal. However, the heavy emphasis on ‘culture war’ issues — part of a larger effort to return our state and nation to the 1950’s — has been an ongoing barrage fueled by fear and hate.” 

League members should plan to continue this fight, as the General Assembly plans to return this summer to pass a no-exceptions abortion prohibition.