South Carolina

South Carolina: State Supreme Court dismisses case that would expand absentee voting | Haley Walters/Greenville News

The South Carolina Supreme Court on Wednesday dismissed a case that sought to allow any voter to cast an absentee ballot in order to avoid polling places during the coronavirus pandemic. State democrats and the DCCC filed a lawsuit last month alleging the state’s absentee voting requirements would disenfranchise voters in upcoming elections. Absentee voting in South Carolina is usually available only for people who are away from their county and can’t vote in person; or if they meet other criteria, such as having a physical disability. The plaintiffs asked the state Supreme Court to interpret the physical disability requirement to include people who are practicing social distancing because of COVID-19. On May 12, the day the state Supreme Court heard oral arguments in the case, state lawmakers passed a measure to allow anyone to vote absentee in upcoming elections until July 1, 2020.

South Carolina: Absentee voters won’t need a witness due to coronavirus, court rules | Sara Coello/Post and Courier

A federal court ruled Monday that South Carolina must allow all voters to use absentee ballots without the signature of a witness to keep coronavirus from spreading at the polls in the June primary election. “Were it not for the current pandemic, then this element may have cut the other way,” U.S. District Court Judge Michelle Childs wrote in the finding. “Strikingly, the witness requirement would still apply to voters who have already contracted COVID-19, therefore affirmatively mandating that an infected individual … risk exposing the witness.” The state had required a witness signature for absentee voters, which several plaintiffs argued in two separate lawsuits would pose an unnecessary risk and could disenfranchise swaths of voters adhering to social distancing measures. “The court’s decision protects the safety and well-being of those voters who are most at risk from COVID-19,” said Deuel Ross, an attorney with the NAACP. “The temporary suspension of the witness signature requirement for absentee ballots removes a needless barrier that required people to violate social distancing protocols to vote.”

South Carolina: Absentee ballot deadline, witness rule argued in federal court | John Monk/The State

After more than three hours of legal arguments Friday, a federal judge is now set to decide whether, because of the dangers of COVID-19, to eliminate two of South Carolina’s strict requirements concerning absentee ballots for the upcoming June 9 primary. “We are going to do our best to turn this around quickly because we know there’s a lot at stake for all the people involved,” said U.S. District Judge Michelle Childs to a more than dozen lawyers in a near empty courtroom and on a remote video hookup. There are two questions before Childs:

Whether to set aside the state legal requirement that a voter’s absentee ballot envelope must contain the signature and address of a witness to the voter’s ballot.

Whether to allow mailed-in ballots to still be counted if they reach elections officials after 7 p.m. on the day of an election. Currently, mailed-in absentee ballots must get to elections officials by that time or they aren’t counted.

South Carolina: Officials brace for hike in June 9 primary absentee ballots | Maayan Schechter/The State

South Carolina election officials say they’re preparing for a potential flood of mail-in absentee ballot requests after Gov. Henry McMaster on Wednesday signed into law a bill to expand absentee voting in the June primary due to COVID-19. Of the state’s more than 3.3 million registered primary voters, the State Election Commission as of Wednesday had received nearly 100,000 absentee ballot applications — already thousands more than the roughly 60,000 absentee ballots cast in each of the 2016 and 2018 statewide primaries, said commission spokesman Chris Whitmire. The number of ballots requested so far still lags far behind the number of absentee votes counted in a general election, especially one with a presidential race topping the ticket. For example, in the 2016 general election featuring the race between now President Donald Trump and then-Democratic nominee Hillary Clinton, 516,755 South Carolinians voted absentee, Whitmire said. Of those votes cast, 139,914 were sent by mail. Another 370,072 ballots were cast by in-person absentee voting.

South Carolina: State expands absentee voting for June primaries due to coronavirus pandemic | Jamie Lovegrove/The Post and Courier

All South Carolina voters will be able to request a mail-in absentee ballot for the upcoming June 9 primaries due to the coronavirus pandemic after state lawmakers approved a short-term bill Tuesday that added the ongoing state of emergency as a legal justification. The unexpected move came just hours after a state Supreme Court hearing over the same issue, as South Carolina Democrats argued that the state’s limited absentee voting law would force many voters to risk their health in order to vote next month. Under South Carolina law, voters need to cite one of several reasons for voting absentee, such as physical disabilities, having to go to work or being out of town on election day. The list does not include fears about contracting a virus during a pandemic. But under the change passed Tuesday, South Carolinians can now vote absentee if a state of emergency is in effect within 46 days of the election. The June 9 primaries are 28 days away and any runoff elections would be on June 23, which is 42 days away. The change will expire on July 1, meaning it will only apply to the primaries. Some Democratic lawmakers argued that they should extend the measure for the November general election, but Republican leaders said they could consider that later in the year if the state of emergency is still in effect.

South Carolina: Lawmakers OK absentee voting expansion in June 9 primary out of COVID-19 fears | Maayan Schechter/The StateThe State

Any South Carolinian registered to vote in the upcoming June 9 primary who feared voting in-person due to the COVID-19 outbreak will be able to request an absentee ballot from the State Election Commission. State lawmakers on Tuesday fast-tracked legislation allowing registered primary voters to request an absentee ballot while the state is under an emergency order. The legislation — which Gov. Henry McMaster will sign, his spokesman said — sunsets on July 1, meaning it will not apply to the November general election. State Sen. Brad Hutto, D-Orangeburg, said Tuesday that South Carolina voters were likely already asking for an absentee ballot for unrelated reasons than being concerned over catching the coronavirus. The State Election Commission does not police voters, for instance asking for a doctor’s note or airlines receipts to check if they traveled. “Quite frankly, people were probably doing it,” Hutto said.

South Carolina: Democrats, Republicans to clash in court over absentee voting in time of COVID | John Monk/Charlotte Observer

When the state Supreme Court hears arguments Tuesday on a historic question — whether to expand absentee ballot voting in upcoming elections during the COVID-19 pandemic — the arguments themselves will be historic. “These arguments will be the first time the court has used video web conferencing to conduct an argument,” a note on the Supreme Court Judicial Branch website said. All or most of the lawyers and justices will be in separate locations and visible on a computer screen. The issue has come before the court because of the highly contagious and sometimes fatal virus, as well as the increased threat the disease poses to people in their sixties and older and others with underlying health conditions.Moreover, African Americans have been stricken and have died at significantly higher rates than people of other races. The virus is easily spread by small droplets in infected peoples’ breaths, coughs and sneezes. The dangers from COVID-19 means the high court should interpret existing law to make it clear that people wanting to stay away from large gatherings for fear of getting sick should be allowed to do so, Democrats say. Republicans say the legislature should decide whether to expand absentee balloting.

South Carolina: Citing COVID-19 threat to African Americans, 3rd lawsuit filed to expand mail voting | John Monk and Emma Dumain/The State

Alleging drastic circumstances — especially heightened dangers to African Americans — in the time of the coronavirus, a third lawsuit seeking to expand all voters’ rights to vote absentee in South Carolina’s June 9 primary and November general election was filed Friday in U.S. District Court in Columbia. This lawsuit — brought by the Democratic National Campaign Committee, the Democratic National Committee and the S.C. Democratic Party — is the third in two weeks seeking expanded absentee ballot rights. The lawsuit alleges that racial bias in S.C. laws and history make it difficult for African Americans to vote, especially during the threat of the coronavirus pandemic. It’s also the second suit filed by the DCCC the S.C. Democratic Party, which a week earlier filed a suit with the S.C. State Supreme Court asking for an expansion of mail-in voting along with two S.C. Democratic candidates running in contested primaries in June.

South Carolina: South Carolina GOP wants to weigh in on coronavirus voting lawsuit | John Munk and Emma Dumain/The State

The South Carolina Republican Party is trying to intervene in a potentially historic legal action in the S.C. Supreme Court where Democrats are seeking a high court ruling to expand absentee voting this year due to the coronavirus pandemic. “The SC GOP simply wants a seat at the table to ensure all stakeholders have a voice in this matter of public interest and importance,” the Republican Party lawyers said in their motion. The Supreme Court has not yet said whether it will hear the case — a move called original jurisdiction —without sending it to a lower court first. Last week, the South Carolina Democratic Party joined the Democratic Congressional Campaign Committee and two S.C. Democratic candidates in filing a legal action against the State Election Commission in the Supreme Court asking for a ruling that would — because of the “unprecedented” threat posed by the highly communicable and sometimes deadly coronavirus — in effect greatly expand the number of people able to vote by absentee ballot.

South Carolina: Fear of COVID-19 isn’t a reason to vote by mail now, but South Carolina officials want guidance | Joseph Bustos/The State

State elections officials want to know whether voters can request an absentee ballot because of the ongoing coronavirus pandemic. It’s a question they have asked the S.C. Attorney General’s Office to answer. In an April 13 letter, the South Carolina State Election Commission sought the opinion on whether voters worried about catching the coronavirus, who prefer not to vote in person in order to limit possible exposure to the virus, are allowed to ask for an absentee ballot. The state also is facing two lawsuits attempting to settle the question. Registered S.C. voters may request absentee ballots if they work in a county other than where they live and vote, or if they are sick, disabled or in the hospital; tending to someone who is sick or disabled; going to be on vacation on the day of the election; or over the age of 65, among other reasons. State law does “not expressly address voters who may not be sick or confirmed as having COVID-19, but must still risk exposure by physically attending a polling place on election day,” Elections Commission Executive Director Marci Andino wrote to the Attorney General Alan Wilson.