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H 5356

Closed primaries

2025-2026 Regular Session Introduced by Thomas Beach and 11 co-sponsors

South Carolina would require voters in partisan primaries to be registered members of the party conducting the primary, with independents only if the party opens it.

Member(s) request name added as sponsor: Lastinger, Beach
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Bill Summary · H 5356

Summary of Bill H. 5356 (2025-2026) – South Carolina

Title: Closed primaries
Jurisdiction: South Carolina

Objective
- Establish the “South Carolina Voter Integrity Party Primaries Act” to require voters in partisan primaries and partisan advisory referendums to be registered members of the party conducting the primary, with limited exceptions for independent/unaffiliated voters if a party opens its primary to them.

Key Provisions

1) New requirement for partisan primaries and partisan advisory referendums
- Section 7-5-115 (effective January 1, 2027):
- A elector may vote in a partisan primary or partisan advisory referendum only if the elector is registered as a member of the certified political party conducting that primary/ref.
- If a party opens its primary/advisory referendum to independent electors, it must notify the State Election Commission (SEC) in writing at least 60 days and no more than 180 days before the election.
- An elector registered with a different party may not vote in that party’s primary/advisory referendum.

2) Party registration data and optional party registration
- Section 7-5-110 (amended):
- Aligns with the above: voting in a partisan primary/advisory referendum requires party registration with the party conducting the primary.
- SEC to assist counties in capturing and maintaining party-affiliation data.
- Counties may allow voters to register by party at partisan primaries before Jan 1, 2027, using a sworn statement allowing a choice between:
- Register as a member of a certified party (naming the party), or
- Register as an independent voter unaffiliated with any party.
- If a voter fails to select a party, they are deemed registered as independent.

3) Voter registration form and party-affiliation data
- Section 7-5-170 (amended):
- Voter registration applications must include a space for political party affiliation (if any) and an oath which includes choosing a party affiliation or registering as an independent.
- SEC/Courts to provide data capture formats and ensure the party choice is part of permanent records.
- County election officials may administer the party-affiliation oath.

4) Primary voting qualifications and party-change procedures
- Section 7-9-20 (amended):
- Qualifications for voting in a party primary now require the applicant to be registered as a member of the certified party, unless the party has opened its primary to independents under Section 7-5-115.
- Provisions for changing party affiliation: electors can change party affiliation by affidavit up to 30 days before the primary; can also declare a desire to remain independent.
- If an elector fails to select a party, they are deemed independent.
- At the polling place, voters must sign an affidavit affirming party membership or independent status and eligibility under the party’s rules.

5) Interim and transitional provisions
- Section 6:
- Primaries conducted before January 1, 2027, allow voting if the elector signs the required affidavit at voting or on absentee ballot applications.
- Starting January 1, 2027, all party primaries must be conducted under the new party-registration framework.

6) Administrative/Effective date
- Section 7: Effective upon the Governor’s approval.

What would be affected

  • Voters: Individuals must be registered members of a certified political party to vote in its partisan primaries/advisory referendums (with potential opt-in for independents only if a party opens its primary to them).
  • Political parties: Must decide whether to open their primaries to independents and provide written notice to the State Election Commission.
  • County election offices and the State Election Commission: Responsible for maintaining party-affiliation data, administering new affidavits, and implementing the data capture and notification requirements.
  • Voting procedures: Changes to registration forms, oaths, and the process at polls/absentee voting to reflect party-affiliation requirements.

Potential Impact

  • Strengthens closed-primary structure by linking voter eligibility directly to party registration.
  • Increases emphasis on party registration data collection and maintenance, with corresponding operational requirements for counties and SEC.
  • Creates a mechanism for parties to opt into including unaffiliated voters, but only if authorized and communicated in advance.
  • Establishes transitional rules for applying the policy to elections prior to 2027, aiming for full implementation by 2027.

Notes

  • The bill includes explicit transition language and oath-based registration workflows.
  • It is sponsored by a bipartisan slate of legislators and was introduced in March 2026, with committee referral to Judiciary.

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

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