9 January 2025
Bills have been prefiled and next Tuesday the South Carolina General Assembly will return for the 2025 session. As usual, there are issues and bills that relate to our ability to make democracy work in South Carolina.
Voting and Elections
Closing Primaries by Party: H.3310 and H.3643
Bills have been filed, as usual, to require voters to register by party and to vote only in the primary for that party. However, the danger of passage this year is especially high given the supermajority of one party in both houses of the legislature and the sponsorship of one bill by a member of leadership. This is therefore the most significant measure affecting elections that will be before the General Assembly in 2025.
The two bills differ in one important way. H.3310 would permit registration as an unaffiliated voter; each party would decide whether to permit unaffiliated voters to cast a ballot in their primaries and referenda. H.3643 would allow all unaffiliated voters to choose to vote in any primary but would require that the voter then register with the chosen party following the primary election. The League opposes both bills, although either would be acceptable if all unaffiliated voters could vote in any primary, without further conditions.
An opposing bill, H.3640, requires that most primaries be open; this will probably not be given consideration.
Eliminating Primary Runoffs: H.3318 and H.3552
Two bills would eliminate primary runoffs by allowing the candidate with the highest number of votes to be declared winner, even if the votes do not equal or exceed 50% of those voting. This would eliminate some very problematic elections in which a startlingly small number of voters participate. It would also usually work to the advantage of incumbents, which is likely a factor in the bills having been filed.
Regulation of Voter Registration by Third Parties: H.3459
This bill would require State Election Commission registration of voter registration organizations and submission of all paper registration applications received by those organizations within 10 days.
Other Election Issues and Bills
LWVSC provides a list of pre-filed bills by subject matter under Advocacy: Legislative at www.lwvsc.org. Some of the additional bills related to elections and voting are significant and may move forward this year. This email would be far too long if we attempted to discuss all of them now, but they will deserve attention if and when they show signs of legislative life.
There are also wish lists for bills that have not yet found a home. LWVSC has a lengthy list ranging from simple cleanup of unclear language in various provisions to a wide range of other election tweaks. These do not have strong partisan associations.
We are specifically discussing sponsorship of bills supporting uniform polling place extensions when opening is delayed or there is closure during normal voting hours. We are presenting this as an opportunity to simply facilitate an outcome that is already likely. The measure would avoid making the demands on organizations and on the state that follow when an emergency court order must be sought (and usually granted) to allow voters a fair opportunity to cast their ballots. We also are attempting to discuss with legislators sponsorship of a bill that would allow persons representing group living situations (usually staff) to deliver more than 5 absentee voter applications and absentee ballots to election offices.
Constitutional Changes
Resolutions Calling for Federal Constitutional Convention: h.3007, H.3008, H.3558
Several bills that will probably receive a hearing address calling a constitutional convention under Article V of the U. S. Constitution. Supporters continue to believe – contrary to the opinions of the majority of independent constitutional scholars – that they can dictate the scope and processes of such a convention.
Citizen Initiative Petitions: S.95
S. 95 would permit citizens to place an issue on the ballot by petition. It is exceedingly unlikely to move forward since it would substantially undermine the power of the General Assembly.
Judicial Reform: H.3530 and S.92
Several judicial reform bills are of particular interest. H.3530 would require JMSC review of magistrate candidates, a badly needed measure. S.92 would end the practice of holding over magistrates after the end of their term in a long-term limbo during which they are entirely subject to the whim of nominating senators.
Other Issues
We expect energy regulation reform and tax reduction to take up considerable energy during the 2025 session. Abortion bans that are even more extreme than the existing 6-week ban have been filed. One, H.3107, is a “personhood” bill that would make any abortion homicide. It is receiving media attention at the expense of the far more realistic dangers presented by H.3457, a total ban with exceptions only for the life or major organ function of the mother.
Summary
This has only touched on the highlights of current bills relevant to Making Democracy Work in South Carolina. Stay tuned as the session proceeds. The list of bills under Advocacy: Legislative at www.lwvsc.org includes live links to the texts of these and many other bills and should be consulted by everyone with a serious interest in South Carolina’s legislative session.
