Bill
H 5361
South Carolina will switch to closed primaries where only registered members of a party may vote in that party’s primary, unless the party opts to open it to independents.
Date: Draft circulated in 2025-2026 session; introduced March 11, 2026. Co-sponsors listed.
Purpose and overall aim
- The bill would establish closed primaries in South Carolina, restricting participation in Republican and Democratic partisan primaries (and partisan advisory referendums) to voters registered as members of the corresponding certified political party.
- It also creates new procedures for party registration, tracking of party affiliation, and changes to party affiliation or nonaffiliation before and during primaries.
- The act is designed to ensure that only party-affiliated registered voters may participate in that party’s partisan primary, with a path for parties to open their primaries to unaffiliated voters if they choose.
Key provisions and changes
1) New requirement: party registration to vote in partisan primaries
- Section 7-5-115 (A):
- Beginning January 1, 2027, only electors registered as members of a certified political party may vote in that party’s partisan primary or partisan advisory referendum.
- A party can opt to open its primary/advisory referendum to unaffiliated independents, but must notify the State Election Commission (SEC) in writing 60 to 180 days prior to the primary/advisory referendum.
- Voters registered with a party may not vote in a different party’s primary.
2) Administration and data capture
- Section 7-5-115 (B):
- SEC must assist county election officials in creating and maintaining a list of electors by party affiliation.
- SEC will indicate party selection in the state voter file.
- Counties may allow party registration at all partisan primaries before 1/1/2027 by obtaining a signed statement from voters choosing:
- (a) register as a member of a particular certified party, or
- (b) register as an independent unaffiliated with a party.
- If a voter does not select a party, they are deemed registered as an independent.
Section 7-5-110 (B):
Section 7-5-110 (C) & 7-5-110 (D) and 7-5-170 (supplemental language):
3) Voter registration form and oath changes
- Section 7-5-170:
- Voter registration application must include a field for political party affiliation, if any, and an oath allowing a choice to:
- (a) register as a member of a certified political party; or
- (b) register as an independent voter unaffiliated with a party.
- If the applicant fails to select a party, they are deemed independent.
- Administration of oaths and eligibility verification provisions clarified.
- Fraud penalties for misrepresentation on registration.
4) Voting qualifications and party affiliation changes
- Section 7-9-20:
- To vote in a party primary or advisory referendum, the applicant must be a member of that party or be an independent elector who meets the party’s requirements to vote in that primary/advisory referendum, per Section 7-5-115.
- Electors may change party affiliation by affidavit no later than 30 days before the primary; they can also choose to be unaffiliated.
- If an elector fails to select a party, they are deemed independent.
- At polling places, voters must sign an affidavit confirming party membership or independent status meeting the party’s criteria to vote in that primary/advisory referendum.
5) Effective date and transition
- Phase-in:
- Prior primaries before January 1, 2027: electors may vote if they sign the party-affiliation affidavit.
- Beginning January 1, 2027: all primaries must be conducted under these closed-primary rules unless a party chooses to open its primary to independents.
6) Practical implementation timeline
- Section 1(C): Counties must inform electors of partisan primary voting procedures before June 1, 2026.
- Section 5: Allows pre-2027 primaries to proceed under the new affidavit framework, with full implementation by 1/1/2027.
Affected entities
- Electors: Must select a party affiliation or be registered as independent; may change affiliation by deadline before primaries.
- Certified political parties: Can choose to open primaries to unaffiliated voters and must notify SEC of such actions.
- County boards of voter registration and elections: Administer party-affiliation registration, affidavits, and change processes; inform voters about procedures.
- State Election Commission: Maintains party-affiliation data in the state voter file; supports data capture and absentee registration formats.
Potential impact and considerations
- Reduces cross-party voting in primaries by restricting participation to party-affiliated voters (unless a party opens its primary).
- Increases the importance of party registration and timely changes before primaries.
- Requires robust data handling and clear notices to voters about eligibility and changes.
- Creates a transitional period (pre-2027) with affidavits, followed by full implementation in 2027.
Compiled from official sources — confirm details with the bill’s official record.
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