South Carolina H 3643: Voter registration, party affiliation

Bill Text

2025-2026 Bill 3643 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3643

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 
7-5-200 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONLY ELECTORS REGISTERED AS 
AFFILIATED WITH A CERTIFIED POLITICAL PARTY OR AS UNAFFILIATED FOR A CERTAIN PERIOD 
OF TIME MAY PARTICIPATE IN A PARTISAN PRIMARY OR ADVISORY REFERENDUM HELD BY 
THAT PARTY, AND TO ESTABLISH PROCESSES BY WHICH ELECTORS REGISTER OR BECOME 
REGISTERED AS AFFILIATED WITH A POLITICAL PARTY; BY AMENDING SECTIONs 7-5-170 
and 7-5-185, both RELATING TO APPLICATIONS FOR VOTER REGISTRATION, both SO AS 
TO INCLUDE INFORMATION REGARDING AN APPLICANT'S POLITICAL PARTY AFFILIATION; BY 
AMENDING SECTION 7-11-15, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN 
GENERAL ELECTIONS, SO AS TO SHORTEN THE CANDIDATE FILING PERIOD, TO REQUIRE ALL 
CANDIDATES FROM EACH POLITICAL PARTY IN THIS STATE TO PAY A FILING FEE, AND TO 
AUTHORIZE POLITICAL PARTIES TO CHARGE A CERTIFICATION FEE TO ALL CANDIDATES; BY 
AMENDING SECTION 7-11-210, RELATING TO FILING OF PARTY PLEDGES BY CANDIDATES, 
SO AS TO CHANGE THE DATE BY WHICH A PARTY PLEDGE MUST BE FILED; 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 
7-5-200. (A) An elector must either 
be registered as a member of a certified political party or as unaffiliated 
with a certified political party forty-five days prior to the date of a 
partisan primary or advisory referendum held by that party in order to 
participate. Provided, upon casting a vote in a partisan primary election or 
partisan advisory referendum of a certified political party, an unaffiliated 
elector becomes a registered member of that certified political party. In no 
event may an elector registered as a member of a certified political party vote 
in the partisan primary election or advisory referendum of another certified 
political party with which that elector is not registered.

 (B) An 
application for voter registration, regardless of form, must provide a place 
for the applicant to indicate a preference to be affiliated with a certified 
political party, or a preference to be an unaffiliated voter. If an applicant 
fails to declare a preference for a certified political party or for 
unaffiliated status, the applicant must be assigned an unaffiliated status 
unless the applicant is already registered in the county as affiliated with a 
certified political party. A registered elector's status as affiliated with a 
certified political party or as unaffiliated may not be changed except by 
written request or confirmation of the elector, or upon an unaffiliated 
elector's participation in the partisan primary election or partisan advisory 
referendum of a certified political party.

 (C) A 
registered elector who wishes to have the record of his affiliation with a 
certified political party or unaffiliated status on his registration changed 
may indicate and submit the change on an application for voter registration or 
other form for updating an elector's registration record as may be approved by 
the State Election Commission.

 (D) The 
State Election Commission shall ensure each registered elector's political 
party affiliation or unaffiliated status is captured in the statewide voter 
registration file and poll books or precinct lists, as appropriate.

SECTION 
2.A. Section 7-5-170(2) of the S.C. Code is amended 
to read:

 (2) 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 or unaffiliated 
status, and location of prior voter registration. The applicant must 
affirm that he is not under a court order declaring him mentally incompetent, 
confined in any 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 take the followi