South Carolina H 5358: Cody Fleming

Bill Text

2025-2026 Bill 5358 Text of Previous Version (Mar. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5358

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; AND 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.

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) Beginning on January 1, 
2027, 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, no more than one hundred eighty days and no 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 January 1, 2027, 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 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