On Monday, July 29, the League of Women Voters became plaintiff in a lawsuit filed with the South Carolina Supreme Court by ACLU and the Duffy and Young law firm. This suit, LWVSC v. Thomas Alexander, asks the Court to exercise original jurisdiction to recognize protection against partisan gerrymander in the South Carolina Constitution, and to invalidate the existing Congressional map as inconsistent with those protections.

The Supreme Court of the United States has ruled that the federal Constitution does not protect against partisan gerrymanders. However, the language in the South Carolina Constitution provides more explicit protections including “free and open” elections and an “equal right to elect officers.” It protects its citizens’ right to exercise qual influence over our elections. Courts in other states with similar constitutions have found this language protective against partisan gerrymanders. The suit also alleges that the congressional redistricting plan violates voters’ rights to equal protection under the law, their rights to be free from viewpoint discrimination, and the South Carolina Constitution’s commitment to respecting county boundaries during redistricting.

There can be no question that South Carolina’s congressional plan represents a partisan gerrymander. Public officials involved in drawing the map testified under oath in federal court that their intention was to diminish the effect of Democratic votes and enhance the value of Republican votes. They have sworn under oath that the plan is a partisan gerrymander.

We are asking the court to establish redistricting standards consistent with our Constitution. Our political process must not become one that only preserves the power of those already in office, but the rights of the people. The League remains committed to ensuring South Carolinians’ voices aren’t drowned out by systems that favor politicians.