Closed primaries

2025-2026 Bill 5359: Closed primaries - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5359
STATUS INFORMATION
General Bill
Sponsors: Reps. McCravy, Long, Edgerton and Magnuson
Document Path: LC-0383HDB26.docx
Introduced in the House on March 11, 2026
Currently residing in the House Committee on
Judiciary
Summary: Closed primaries
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/11/2026

House

Introduced and read first time (
House Journal-page 23
)

3/11/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 23
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/11/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
7-5-115
SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN
PRIMARY ELECTION OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS
REGISTERED AS BEING A MEMBER OF THAT PARTY; BY AMENDING SECTION
7-5-110
,
RELATING TO REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS
NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION OR PARTISAN ADVISORY
REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT POLITICAL
PARTY; BY AMENDING SECTION
7-5-170
, RELATING TO THE REQUIREMENTS FOR VOTER
REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY
AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH, AND TO REQUIRE
THE STATE ELECTION COMMISSION TO ASSIST IN CAPTURING THIS DATA; BY AMENDING
SECTION
7-9-20
, RELATING TO QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO
AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY AND TO
PROVIDE A PROCEDURE FOR CHANGING POLITICAL PARTY AFFILIATION OR NONAFFILIATION
AFTER A SELECTION HAS BEEN MADE; AND BY AMENDING SECTION
7-13-40
, RELATING TO
THE CERTIFICATION OF NAMES BY A POLITICAL PARTY TO BE PLACED ON PRIMARY
BALLOTS, SO AS TO PROVIDE THAT ONLY PERSONS WHO HAVE PARTICIPATED IN A
POLITICAL PARTY'S RECENT STATEWIDE PRIMARIES AND ARE REGISTERED AS AFFILIATED
WITH THE PARTY FOR A CERTAIN PERIOD OF TIME ARE ELIGIBLE TO APPEAR ON THE
BALLOT FOR THAT PARTY'S PARTISAN PRIMARY UNLESS THE PARTY HAS TAKEN ACTION TO
WAIVE THESE REQUIREMENTS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 3, Chapter 5, Title 7 of the S.C. Code is
amended by adding:

S
ection
7-5-115
.
(
A) Only an elector
registered as a member of a certified political party may vote in a partisan
primary election or partisan advisory referendum of the certified political
party with which that elector is registered, unless that political party has
taken action to open its partisan primary election or partisan advisory
referendum to independent electors unaffiliated with a certified political
party and has advised the State Election Commission, in writing, not more than
one hundred eighty days and not less than sixty days in advance of the partisan
primary election or partisan advisory referendum of that action. In no event
may an elector registered as a member of a certified political party vote in
the partisan primary election or partisan advisory referendum of a certified
political party with which that elector is not registered.

(
B) The
State Election Commission shall assist the county entities charged by law with
registering electors with creating and maintaining a list of all electors
registered by party affiliation. The State Election Commission shall indicate
in the state voter file what selection an elector makes. To expedite the
registration of electors, the county boards of voter registration and elections
shall allow electors to register by party, if they wish, at all partisan
primary elections conducted before June 1, 2026, by having an elector sign the
following statement before an election official overseeing the conduct of the
partisan primary election:

"
I do solemnly swear
(or affirm) that I am a resident of South Carolina and a registered voter in
this precinct. I further swear (or affirm) that I hereby choose to: (a)
register as a member of a certified political party, specifically the
________________ Party; or (b) register as an independent voter, unaffiliated
with a certified political party."

T
he form to be signed
by the elector may specifically list all of the certified political parties
from which the elector may choose and must contain the option for the elector
to register as an independent voter unaffiliated with a certified political party.
In an instance where an elector fails, for whatever reason, to select
membership in one of the certified political parties, that elector must be
deemed to have chosen to be registered as an independent voter unaffiliated
with a certified political party.

(
C)
Prior to June 1, 2026, the county boards of voter registration and elections
shall contact the qualified electors of that county, by whatever method it
determines to be appropriate, informing them of partisan primary voting
procedures as provided in this section.

S
ECTION 2.
S
ection
7-5-110
of the S.C. Code is amended to read:

S
ection
7-5-110
.
(
A)
No
A

person
shall be allowed to

may
not
vote
at any

in a
partisan primary
election
or a partisan advisory
referendum
unless he
shall be
is
registered as
herein
being a member of that political party as
required
by the provisions of this chapter
.

(
B) The State Election Commission shall
assist the county boards charged by law with registering electors with
capturing the data and maintaining a list of all electors registered by party
affiliation. To expedite the registration of electors, the county entities
shall allow electors to register by party, if they wish, at all partisan
primary elections conducted before June 1, 2026.

(
C) After the first primary is conducted
under the provisions of this section, the entity charged by law with
registering qualified electors shall contact the qualified electors of that
county, by whatever method it determines to be appropriate, informing them of
partisan primary voting procedures as provided in this section.

(
D) The State Election Commission shall
provide a format for absentee voting registration to comply with the provisions
of this section.

S
ECTION 3.
S
ection
7-5-170
of the S.C. Code is amended to read:

S
ection
7-5-170
.
(1)
(
A)
Written application
required. A person may not be registered to vote except upon written
application or electronic application pursuant to Section
7-5-185
,
.
which
shall become

That application becomes
a part
of the permanent records of the board to which it is presented and
which
must be open to public inspection. However, the
social security number contained in the application must not be open to public
inspection.

(2)
(
B)
Form of application. - The application must be on a
form prescribed and provided by the executive director and shall contain the
following information: name, sex, race, social security number, date of birth,
residence address, mailing address, telephone number of the applicant,
political party affiliation, if any,
and location of
prior voter registration. The applicant
must

shall
affirm that he is not under a court order declaring
him mentally incompetent, confined in
any

a
public prison, has never been convicted of a felony or
offense against the election laws, or if previously convicted that he has
served his entire sentence, including probation and parole time, or has
received a pardon for the conviction. Additionally, the applicant
must
shall
take the
following oath: "I, do solemnly swear (or affirm) that I am a citizen of the
United States and that on the date of the next ensuing election, I will have
attained the age of eighteen years and am a resident of South Carolina, this
county, and of my precinct. I further swear (or affirm) that the present
residence address listed
herein
on my application
is my sole legal place of residence,
that I claim no other place as my legal residence, and that, to my knowledge, I
am neither registered nor intend to register to vote in another state or
county.
I further swear (or affirm) that I hereby choose
to: (a) register as a member of a certified political party, specifically the
______________ Party; or (b) register as an independent voter, unaffiliated
with a certified political party.
"

(
C) Fraudulent application.
Any
An
applicant convicted of
fraudulently applying for registration is guilty of perjury and is subject to
the penalty for that offense.

(3)
(
D)
Date stamp voter registration applications. - The
county board of voter registration and elections shall date stamp all voter
registration applications delivered in person, electronically, or by mail as of
the date received.

(4)
(
E) Failure to select a party. The form to be signed by the
elector may specifically list all of the certified political parties from which
the elector may choose and must contain the option for the elector to register
as an independent voter, unaffiliated with a certified political party. In an
instance where an elector fails, for whatever reason, to select membership in
one of the certified political parties, that elector must be deemed to have
chosen to be registered as an independent voter, unaffiliated with a certified
political party.

(
F)
Administration of
oaths. - Any member of the county board of voter registration and elections,
deputy registrar, or any registration clerk must be qualified to administer
oaths in connection with the application.

(5)
(
G)
Decisions on applications. -
Any
A
member of the county board of voter registration and
elections, deputy registrar, or registration clerk may pass on the
qualifications of the prospective voter. In case of a question of an applicant
being refused registration, at least one member of the board shall pass on the
qualifications of the voter. A concise statement of the reasons for the refusal
must be written on the application.

S
ECTION 4.
S
ection
7-9-20
of the S.C. Code is amended to read:

S
ection
7-9-20
.
(
A)
The qualifications

To qualify
for membership in a certified
political
party and
for voting at a
party primary election include the following: the applicant for membership, or
voter, must be at least eighteen years of age or become so before the
succeeding general election, and must be a registered elector and a citizen of
the United States and of this State. A person may not vote in a primary unless
he is a registered elector. The state convention of any political party,
organization, or association in this State may add by party rules to the
qualifications for membership in the party, organization, or association and
for voting at the primary elections if the qualifications do not conflict with
the provisions of this section or with the Constitution and laws of this State
or of the United States.
to meet the criteria for
voting in a party's partisan primary election or partisan advisory referendum,
unless a certified political party has taken action to open its partisan
primary election or partisan advisory referendum to independent electors
unaffiliated with a certified political party pursuant to the requirements of
Section
7-5-115
, the applicant for membership, or voter, must be:

(
1) at least eighteen years of age or
become so before the succeeding general election;

(
2) a registered elector, a citizen of
the United States and of this State; and

(
3) registered as a member of the
certified political party.

(
B) A person may not belong to a party
club or vote in a partisan primary election unless he is a registered elector
and a member of that party. The state convention of a political party,
organization, or association in this State may add by party rules to the
qualifications for membership in the party, organization, or association and
for voting at the primary elections if the qualifications do not conflict with
the provisions of this section or with the Constitution and laws of this State
or of the United States.

(
C) The county boards of voter
registration and elections charged by law with conducting a primary shall allow
an elector to change his political party affiliation by executing an affidavit
not later than thirty days before the primary. During that time, an elector may
execute an affidavit declaring that he desires not to be affiliated with a
political party. The choice to affiliate with a political party or remain
independent and unaffiliated with a certified political party is valid until
changed by the qualified elector pursuant to the provisions of this section. In
an instance where an elector fails, for whatever reason, to select membership
in one of the certified political parties, that elector must be deemed to have
chosen to be registered as an independent voter, unaffiliated with a certified
political party.

(
D) When a qualified elector presents
himself at a polling place to vote in a partisan primary election or partisan
advisory referendum, the entity charged by law with conducting the election or
its representative shall require the qualified elector to sign an affidavit
affirming that he is a member of the party conducting the primary, or that he
is an independent elector unaffiliated with a certified political party who
meets the criteria established by that political party to vote in that
particular partisan primary election or partisan advisory referendum pursuant
to the requirements of Section
7-5-115
. If the qualified elector does not sign
this affidavit, he may not vote in the partisan primary election or partisan
advisory referendum.

S
ECTION 5.
S
ection
7-13-40
of the S.C. Code is amended to read:

S
ection
7-13-40
.
(
A)
In the event that a party nominates candidates by
party primary, a party primary must be held by the party and conducted by the
State Election Commission and the respective county boards of voter
registration and elections on the second Tuesday in June of each general
election year, and a second and third primary each two weeks successively
thereafter, if necessary. Written certification of the names of all candidates
to be placed on primary ballots must be made by the political party chairman,
vice chairman, or secretary to the State Election Commission or the county
board of voter registration and elections whichever is responsible under law
for preparing the ballot, not later than twelve o'clock noon on April fifth, or
if April fifth falls on a Saturday or Sunday, not later than twelve o'clock
noon on the following Monday. Political parties nominating candidates by party
primary must verify the qualifications of those candidates prior to
certification to the appropriate election commission of the names of candidates
to be placed on primary ballots. The written verification required by this
section must contain a statement that each candidate certified meets, or will
meet by the time of the general election, or as otherwise required by law, the
qualifications for office for which he has filed. A political party must not
certify any candidate who does not or will not by the time of the general
election, or as otherwise required by law, meet the qualifications for the
office for which the candidate has filed, and such candidate's name shall not
be placed on a primary ballot. The filing fees for all candidates filing to run
in all primaries, except municipal primaries, must be transmitted by the
respective political parties to the State Election Commission and placed by the
executive director of the commission in a special account designated for use in
conducting primary elections and must be used for that purpose. The filing fee
for each office is one percent of the total salary for the term of that office
or one hundred dollars, whichever amount is greater.

(
B)
(
1)
Only persons who have voted in two of the last three statewide primaries of a
certified political party and are registered as affiliated with that certified
political party at least forty-five days prior to the opening of the applicable
candidate filing period for a particular office are eligible to appear on the
ballot for that party's partisan primary. Provided, the state executive
committee of the party may, by resolution, grant a waiver to a candidate who
does not meet the participation requirement prior to the deadline for
certifying candidates under subsection (A). The state executive committee also
may, by resolution or party rules adopted at least one hundred twenty days
prior to the opening of the applicable candidate filing period, take action to
open filing to persons who are registered as unaffiliated, are registered as
affiliated with another party, or both.

(
2) A political party may not refuse to
certify a candidate on the basis of party affiliation who, at least forty-five
days prior to the opening of the applicable candidate filing period, is
registered as:

(
a) affiliated with that political
party;

(
b) unaffiliated, if the party has taken
action pursuant to item (1) to open candidate filing to persons registered as
unaffiliated; or

(
c) affiliated with another party if the
party has taken action pursuant to item (1) to open candidate filing to persons
registered as affiliated with another party.

S
ECTION 6. Notwithstanding
the provisions of this act, in all primaries conducted before June 1, 2026, an
elector is permitted to vote if he has not signed the affidavit required by
this act. After May 31, 2026, all political party primaries must be conducted
pursuant to the provisions of this act.

S
ECTION 7. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 11, 2026 at 11:18 AM