ELECTIONS

There has been progress on some useful legislative “fixes” for election issues.

S.92 brings Section 7-5-321 into conformity with provisions elsewhere in statute that provide additional time to file a protest of an election when the Monday following election certification falls on a holiday. This bill has been sent to the House. 

S.405 requires security features, clarifies technical points, and provides conformity with federal law for certification of electors for the President and Vice President of the United States. It also deletes reference to the Governor in dealing with contested slates of electors and transfers that authority to the State and Federal courts. This bill has been sent to the House where it has been referred to the Judiciary Committee.

S.406 permits tabulation of early voting ballots on the same day and time as absentee ballots. This bill has also been sent to the House and referred to the Judiciary Committee.

An additional election bill, H.4066, was filed by Rep. Brandon Newton to make changes in partisan administration of primaries and conventions. This bill has been heard in House Judiciary and received a favorable report. It addresses concerns like the number of delegates sent to partisan conventions. In committee, it was explained that this relates to concern about the added expense of greater numbers of delegates. The bill also addresses protests to party executive committees, another matter of internal concern to the parties.

We will continue the effort to have legislators file additional “fixes” addressing problems in or generally improving current election law. 

THE JUDICIARY

An article in The State by Zak Koeske  draws attention to an important issue in judicial reform, our broken magistrate system. We hope that the General Assembly will take up bills that would reform the selection and retention of magistrates. Relevant bills filed to date include S.155, S.409, and H.3535. Only H.3535 includes the crucial reform of JMSC review of magistrate candidates. No bill addresses the inadequate pay offered by some counties, leading to a lack of qualified applicants.

HATE CRIMES

In other news of interest, H.3014, the Clementa C. Pinckney Hate Crimes bill, received second reading in the House yesterday.

Amendments were filed by members of the “SC Freedom Caucus” but were rejected as unhelpful and in some cases dilatory. There were general objections to the idea of groups receiving special attention when they are the targets of violent criminal offenses because of fundamental aspects of their identities. This objection is comparable to the sophistry of the “All Lives Matter” response to “Black Lives Matter.”

The House also rejected attempts to amend the bill to incorporate abortion restrictions (embryos and fetuses as protected classes) and a definition of “woman” (restricted by DNA and reproductive organs). Our senators should be strongly encouraged to pass this bill, without amendments.