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Bill

H 5327

Closed primaries

2025-2026 Regular Session Introduced by Thomas Beach and 3 co-sponsors

South Carolina moves to closed partisan primaries, requiring voters to be registered members of a party to vote in that party’s primary.

Member(s) request name added as sponsor: D.Mitchell, Burns, Huff, Lastinger, Beach
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Bill Summary · H 5327

Summary of Bill H 5327 (Session 2025-2026) – South Carolina: Closed Primaries

Purpose and intent

H 5327 seeks to establish closed or partly closed partisan primaries in South Carolina by requiring voters to be registered members of a certified political party to vote in that party’s partisan primary or partisan advisory referendum. It also creates procedures for party registration, party-affiliation data collection, and changes to party affiliation prior to primaries. The bill would take effect for primaries after January 1, 2027, with earlier primaries allowed to operate under the new affidavit process.

Key provisions and changes

  • Section 7-5-115 – Eligibility to vote in partisan primaries (effective Jan 1, 2027):

    • Only electors registered as members of a certified political party may vote in that party’s partisan primary or advisory referendum.
    • If a party has opened its primary/advisory referendum to independents, the party must notify the State Election Commission (SEC) between 60 and 180 days before the election.
    • An elector cannot vote in a partisan primary of a party with which they are not registered.

  • Section 7-5-110 – Voter registration and party data (amended):

    • The SEC will assist in capturing and maintaining per-party registration data.
    • County boards may allow party-registration at partisan primaries before Jan 1, 2027, via a sworn statement indicating whether the voter registers as a member of a specific party or as an independent unaffiliated with a party.
    • The SEC state voter file will reflect the party selection.

  • Section 7-5-170 – Voter registration form and oath (amended):

    • The voter registration form must include political party affiliation (if any) and incorporate it into the oath.
    • The form allows listing all certified parties and an option to register as an independent.
    • If no party is selected, the applicant is deemed an independent voter.

  • Section 7-9-20 – Party primary voting qualifications and changes (amended):

    • To vote in a party primary, the applicant must be at least 18, a registered elector, a US and SC citizen, and registered as a member of the chosen party.
    • The county boards may allow changes to party affiliation via affidavit up to 30 days before a primary.
    • At the polling place, voters must sign an affidavit confirming their party membership or independent status and eligibility to vote in that primary. If they do not sign, they cannot vote in the partisan primary/advisory referendum.

  • Effective date and transition (Section 5):

    • Before Jan 1, 2027, electors may vote in primaries if they sign the required affidavit.
    • Beginning Jan 1, 2027, all primaries must be conducted under the new closed-primary framework.

Who is affected

  • Voters: must be registered with a party to participate in that party’s partisan primary (or sign an affidavit if voting prior to 2027).
  • Political parties: must certify and manage eligibility to conduct closed primaries; must notify SEC of any open access to independents.
  • County boards of voter registration and elections: responsible for implementing party-affiliation data collection, affidavit processes, and changes in party affiliation.
  • State Election Commission: duties include maintaining party affiliation data in the state voter file and assisting counties with registration data.

Procedural and timeline aspects

  • Effective date tied to governor’s signature.
  • Transition window: guidance and procedures in place before 2027; pre-2027 primaries may operate under the affidavit option, with full closed-primary operation required starting in 2027.
  • Affidavits are central to voting rights in primaries during the transition period and for absentee voting.

Overall, the bill moves SC toward closed partisan primaries, tying primary voting eligibility to formal party registration and providing specific procedures for registering and changing party affiliation.

Compiled from official sources — confirm details with the bill’s official record.

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