South Carolina H 5355: Closed primaries

Bill Text

2025-2026 Bill 5355 Text of Previous Version (Mar. 11, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5355

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