South Carolina Citizenship Requirement for Voting Amendment (2024)
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| South Carolina Citizenship Requirement for Voting Amendment | |
|---|---|
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| Election date November 5, 2024 | |
| Topic Suffrage | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
The South Carolina Citizenship Requirement for Voting Amendment is on the ballot in South Carolina as a legislatively referred constitutional amendment on November 5, 2024.[1]
A "yes" vote supports amending the state constitution to add language that only U.S. citizens who are 18 years old or older can vote in elections. |
A "no" vote opposes amending the state constitution to add language that only U.S. citizens who are 18 years old or older can vote in elections, rather than every citizen. |
Overview
What would the amendment change about voting in South Carolina?
- See also: Text of measure
This measure would prohibit local governments from allowing noncitizens to vote by providing in the state constitution that only a citizen of the U.S., rather than every citizen of the U.S., can vote.[1]
What are state officials saying about non-citizen voting in South Carolina?
- See also: Support, Opposition, and Background
State Rep. Adam Morgan (R-20) said, "Many said [non-citizen voting] was a non-issue. Then we discovered state agencies sending voter registration forms to non-citizens. These 'non-issues' keep turning out to be major issues."
South Carolina Governor Henry McMaster (R) requested the South Carolina Law Enforcement Division (SLED) to investigate claims made by State Rep. Adam Morgan (R-20) that voter registration forms had been sent to a noncitizen refugee. Gov. McMaster released a statement on May 16, 2024, saying, "The SLED investigation has confirmed the integrity of South Carolina’s voter registration system, as previous official audits have confirmed. Agencies are properly complying with state and federal voter registration laws, and no evidence of unlawful activity was found. In addition, the SLED report highlights that the citizenship verification policies and procedures being followed by state election officials are designed to prevent non-citizens from becoming eligible to vote.”[2]
What do other state constitutions say about suffrage and citizenship?
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[3]
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 43 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In seven states (Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio) the states' constitutions provide that citizens, but not noncitizens, have the right to vote. In 2018, 2020, and 2022, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in six states.
Are other states voting on similar measures in 2024?
- See also: Background
Bans on noncitizen voting at the state level have become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. In 2024, eight state legislatures referred constitutional amendments to the ballot to prohibit the state or local governments from allowing non-citizen voting. The eight states are Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin.
As of 2024, municipalities in California, Maryland, and Vermont, along with Washington, D.C., allowed noncitizens to vote in some local elections. In November, voters in Santa Ana, California, will decide on a ballot measure to allow noncitizens to vote in municipal elections.
Jack Tomczak, Vice President of Americans for Citizen Voting, which supports the ballot measures, said, "We, and legislators who sponsor these, are getting ahead of fixing a problem that maybe has not reared its head as much in these states. It’s not like it’s happening everywhere and it must be stopped immediately. But preemption is not a bad thing." Jonathan Diaz, Director of Voting Advocacy for the Campaign Legal Center, said, "These proposed constitutional amendments are aimed really at two things: preventing local governments in those states from allowing non-U.S. citizens to vote in local elections, and advancing this false narrative that non-U.S. citizens are somehow participating in U.S. elections in large numbers, which is totally unsupported by any evidence or facts."[4]
Text of measure
Ballot title
The ballot title for the amendment is as follows:[1]
| “ | Must Section 4, Article II of the Constitution of this State, relating to voter qualifications, be amended so as to provide that only a citizen of the United States and of this State of the age of eighteen and upwards who is properly registered is entitled to vote as provided by law?[5] | ” |
Constitutional changes
- See also: Article II, South Carolina Constitution
The measure would amend Section 4 of Article II of the state constitution. The following struck-through text would be deleted and underlined text would be added:[1]
|
Section 4. |
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 24, and the FRE is 17. The word count for the ballot title is 51.
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Support
Supporters
Officials
- State Rep. Adam Morgan (R)
Organizations
Arguments
Opposition
Opponents
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org
Background
Voting in South Carolina
- See also: Voting in South Carolina
- Check your voter registration status here.
To register to vote in South Carolina, one must be a citizen of the United States, a resident of the county and precinct where he or she is registering, and at least 18 years old by Election Day. People who have been declared mentally incompetent by court order, are imprisoned, or are still serving a sentence for a felony conviction are ineligible to register to vote.[6] The deadline for registration is 30 days before the election. Prospective voters may register using one of the following methods:
- Online,
- In person at the county board of elections or one of the following locations:
- Armed Forces Recruiting Stations
- Commission for the Blind
- Department of Alcohol and Other Drug Abuse Services
- Department of Disabilities and Special Needs
- Department of Health and Environmental Control
- Department of Health and Human Services
- Department of Mental Health
- Department of Motor Vehicles
- Department of Social Services
- Protection and Advocacy for People with Disabilities
- Vocational Rehabilitation Department
- Returning a voter registration form by email, fax, or mail to the county board of voter registration. Note that mailed applications must be postmarked by at least 30 days before the election.[6]
South Carolina Law Enforcement Division investigation into non-citizen voting
South Carolina Governor Henry McMaster (R) requested the South Carolina Law Enforcement Division (SLED) to investigate claims made by State Rep. Adam Morgan (R-20) that voter registration forms had been sent to a noncitizen refugee. Gov. McMaster released a statement on May 16, 2024, saying, "The SLED investigation has confirmed the integrity of South Carolina’s voter registration system, as previous official audits have confirmed. Agencies are properly complying with state and federal voter registration laws, and no evidence of unlawful activity was found. In addition, the SLED report highlights that the citizenship verification policies and procedures being followed by state election officials are designed to prevent non-citizens from becoming eligible to vote.”[7]
Citizenship voting requirement ballot measures
Since 2018, voters have decided on six ballot measures related to adding language about citizenship requirements for voting. Voters approved all six measures with at least 62.9% of the vote. In 2024, eight states are voting on ballot measures addressing citizenship requirements for voting.
Partisanship of legislative votes on referred measures
The following table shows the percentage of Democratic and Republican legislators that supported referring constitutional amendments to the state's ballot requiring citizenship to vote. The average percent of Republican support was 100% while the average percent of Democratic support was 45.6%.
In Alabama and Iowa, legislators passed the referrals with unanimous support from both parties.
State constitutions on suffrage and citizenship
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 43 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In seven states (Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio) the states' constitutions provide that citizens, but not noncitizens, have the right to vote.
Noncitizen-voting in the United States
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[3]
Fifteen municipalities across the country allowed noncitizens to vote in local elections as of January 2022. Eleven were located in Maryland, two were located in Vermont, one was New York City, and the other was San Francisco, California. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016. On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow noncitizens to vote in municipal elections starting in January 2023.[8]
Path to the ballot
- See also: Amending the South Carolina Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the South Carolina State Senate and the South Carolina House of Representatives.
The amendment was introduced as Senate Joint Resolution 1126 on February 29, 2024. The Senate passed the amendment on April 3, 2024, in a vote of 40-3. The House passed the amendment on May 2, 2024, by a vote of 105-0 with 19 absent or excused.[1]
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How to cast a vote
- See also: Voting in South Carolina
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in South Carolina.
| How to cast a vote in South Carolina | |||||
|---|---|---|---|---|---|
Poll timesIn South Carolina, all polls are open from 7:00 a.m. to 7:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[9]
Registration
To register to vote in South Carolina, one must be a citizen of the United States, a resident of the county and precinct where he or she is registering, and at least 18 years old by Election Day. People who have been declared mentally incompetent by court order, are imprisoned, or are still serving a sentence for a felony conviction are ineligible to register to vote.[6] The deadline for registration is 30 days before the election. Prospective voters may register using one of the following methods:
Automatic registrationSouth Carolina does not practice automatic voter registration.[10] Online registration
South Carolina has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationSouth Carolina does not allow same-day voter registration.[10] Residency requirementsProspective voters must be residents of the county and precinct in which they are registering to vote.[6] Verification of citizenshipSouth Carolina does not require proof of citizenship for voter registration.[6] An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. Verifying your registrationThe South Carolina Election Commission allows residents to check their voter registration status online by visiting the MyscVOTES website.
Voter ID requirementsSouth Carolina requires voters to present photo identification while voting.[9][11] Voters can present the following forms of identification:
Voters can obtain a free photo ID from a local DMV office or a county elections office.[12] | |||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 South Carolina State Legislature, "Senate Joint Resolution 1126," accessed April 8, 2024
- ↑ Washington Examiner, "South Carolina governor says illegal immigrants don’t pose risk for voter integrity in his state," accessed May 19, 2024
- ↑ 3.0 3.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
- ↑ NBC News, "GOP efforts to crack down on noncitizen voting extend to state ballot measures," September 14, 2024
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 6.0 6.1 6.2 6.3 6.4 6.5 South Carolina Election Commission, “Register to Vote,” accessed May 2, 2023
- ↑ Washington Examiner, "South Carolina governor says illegal immigrants don’t pose risk for voter integrity in his state," accessed May 19, 2024
- ↑ The New York Times, "Noncitizens’ Right to Vote Becomes Law in New York City," January 9, 2022
- ↑ 9.0 9.1 South Carolina Election Commission, "FAQs for the 2024 General Election," accessed August 20, 2024
- ↑ 10.0 10.1 NCSL, "State Profiles: Elections," accessed August 13, 2024
- ↑ Justia, "SC Code § 7-13-710 (2022)," accessed May 2, 2023
- ↑ South Carolina Elections Commission, "FAQs for the 2024 General Election, accessed August 13, 2024
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