South Carolina H 5359: James Gray

Bill Text

2025-2026 Bill 5359 Text of Previous Version (Mar. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5359

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 3, Chapter 5, Title 7 of the S.C. Code is 
amended by adding:

 Section 
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."

 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.

 (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.

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

 Section 
7-5-110. (A) NoA 
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