South Carolina 2025-2026 Regular Session

South Carolina House Bill H5359

Introduced
3/11/26  

Caption

Closed primaries

Impact

The implications of HB 5359 are profound, primarily affecting voter registration processes in the state. Specifically, it requires that voters declare their political party affiliation during the registration process and stipulates that they may only vote in the primaries of the party they are affiliated with. This enhancement in party control could reduce the voting power of independent and unaffiliated voters, limiting their influence in primary elections. Furthermore, the State Election Commission is mandated to facilitate the collection and maintenance of voter affiliation records, which could lead to more stringent tracking of party registration.

Summary

House Bill 5359 introduces significant amendments to the South Carolina Code of Laws by establishing stricter regulations regarding participation in partisan primary elections. Under this bill, individuals must be registered as a member of a specific political party to vote in that party's primary or advisory referendum, a change intended to limit voting to party-affiliated individuals and thereby exclude unaffiliated voters unless expressly allowed by the political party. This legislative move aligns South Carolina with the increasing trend of adopting closed primary systems across the United States.

Contention

The bill has already sparked debate among lawmakers and advocacy groups. Proponents argue that it ensures that the party's base is primarily represented in the nomination process, safeguarding party integrity and cohesion. Conversely, critics contend that such restrictions disenfranchise independent voters and contradict principles of inclusivity in the electoral process. Issues surrounding voter participation, representation, and the integrity of elections are central to the ongoing discussions about the bill.

Implementation

Should HB 5359 pass, it will require the county boards of voter registration to implement changes effectively before June 1, 2026. They will be responsible for ensuring that electors are well informed about the new voting procedures, emphasizing the legal necessity for affiliation declarations. Although there is a phase-in period where existing rules apply, the complete adherence to the new regulations signifies a critical shift in South Carolina's electoral landscape.

Companion Bills

No companion bills found.

Previously Filed As

SC H5356

Closed primaries

SC H3310

Closed primaries

SC H5183

Closed primaries

SC H5317

Closed primaries

SC H5330

Closed primaries

SC H5327

Closed primaries

SC H5361

Closed primaries

SC H5355

Closed primaries

SC H5358

Closed primaries

SC H5447

Closed primaries

Similar Bills

NH HB1125

Enabling school districts to adopt partisan school district elections.

NH HB356

Enabling school districts to adopt partisan school district elections.

NH HB367

Changing the method for adopting partisan town elections to be the same as rescinding partisan town elections.

SC H3396

Primaries

SC H3310

Closed primaries

SC S0113

Single Party Primary

SC H5447

Closed primaries

SC H5183

Closed primaries