SC GOP to sue over open primaries, seek restrictions

Summary

South Carolina Republicans said they will sue in federal court next month to challenge the state’s open primary system.

Why this matters

The lawsuit could affect who is allowed to vote in South Carolina primary elections and how political parties choose their nominees. It also revives a long-running legal dispute over parties’ First Amendment associational rights.

South Carolina’s Republican Party said Tuesday it plans to file a federal lawsuit next month challenging the state’s open primary system and seeking the ability to limit who can vote in Republican primaries.

Party Chairman Drew McKissick said the lawsuit would argue South Carolina’s system violates the party’s First Amendment right to decide who it associates with. He said the goal is to prevent voters who are not registered Republicans from voting in GOP primaries.

“This is the only alternative that we have left,” McKissick said after two bills to close primaries stalled early in the legislative session.

The proposals split House Republicans, faced long odds in the Senate, and would have been vetoed by the governor if they had passed.

At a Statehouse news conference, McKissick said the party has not decided whether to limit participation only to registered Republicans. The state party has backed legislation that would allow unaffiliated voters to participate, while automatically registering voters with a party after they cast a ballot in that party’s primary.

Attorney General Alan Wilson and U.S. Rep. Ralph Norman, both Republican candidates for governor, joined McKissick in support of closing primaries. Lt. Gov. Pamela Evette, U.S. Rep. Nancy Mace, and Sen. Josh Kimbrell have also publicly supported the idea.

Opponents told lawmakers earlier this year that closed primaries could block independents from voting and further reduce already low primary turnout. They also said any system requiring voters to register with a party in advance could create confusion.

South Carolina Republicans have challenged the system before. A federal judge dismissed a 2010 lawsuit brought by the Greenville County Republican Party in 2013, ruling the county party could not bring the case without deciding the underlying constitutional question.

McKissick pointed to court rulings recognizing parties’ First Amendment associational rights. He said a similar lawsuit in Texas is ongoing.

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