SC GOP sues to close primaries to registered Republicans

SC GOP sues to close primaries to registered Republicans

Type: 
Press Mention
Date of Release or Mention: 
Wednesday, July 8, 2026
By Skylar Laird
 
COLUMBIA — The South Carolina Republican Party sued this week to close primary elections after legislation creating a closed system failed to advance at the Statehouse this year.
 
The party has been pushing for years to require party registration in elections. After hinting about a lawsuit for months, party leaders announced plans for a legal challenge in May but said they wanted to wait to submit court filings until after last month’s statewide primaries, which included a question about party registration.
 
The federal lawsuit, officially filed Monday but announced Wednesday, argues the party has a right to choose who it does and doesn’t associate with under the First Amendment.
It also argues that allowing registered voters to cast a ballot in either party’s primary violates the party’s ability to set its own rules under the 14th Amendment’s guarantee of equal protection.
 
“South Carolina may regulate elections,” the lawsuit reads. “But it may not, consistent with the First and Fourteenth Amendments, compel a political party to accept non-members into the decisive process by which the party selects its nominees.”
 
A spokesperson for the State Election Commission did not immediately respond to a request for comment. Neither did Robert Bolchoz, chairman of the board that oversees the agency, who is named in the lawsuit.
 
Under existing state law, voters can choose either a Republican or Democrat ballot when they vote in primaries. There are restrictions, however, in primary runoffs. Crossover voting is not allowed during the primary cycle. In other words, people who vote in the Democratic primary can’t vote in the Republican runoff, and vice-versa.
 
In the ruby red state, elections are often decided in GOP primaries.
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The League of Women Voters doesn’t see people voting for another party at levels high enough to really move the needle, said Lynn Teague, vice president of the state chapter.
 
Instead, closed primaries could deter voters from participating in primaries, worsening already low turnout rates, she said.
 
Last month, 25% of registered voters participated in the June 9 primaries, which had competitive races on both parties’ ballots. In the runoffs, less than 11% participated, according to state Election Commission data.
 
“Everyone needs a voice in how they are governed,” Teague said. “Closing the primary potentially shuts that off.”
 
Automatically registering voters to whichever party’s ballot they choose in the primary is often suggested as a compromise, but it puts a label on independent voters who don’t want to identify with a party, she said.
 
“That’s not equitable, either,” Teague said.
 
South Carolina is one of 15 states that don’t restrict who can participate in its primaries, according to the National Conference of State Legislatures.
 
Eight states have completely closed primaries, requiring all voters to register with a party. Fourteen states aren’t completely open or closed but either allow parties to choose who can participate or require party registration but let voters switch for a primary.
 
Texas’ Republican party is also suing the state in an effort to restrict who can vote in party primaries. That case is ongoing.
 
Read the full article at the link above. 
 
League to which this content belongs: 
South Carolina