South Carolina Must Give Out-of-State Requesters Access to Voter Roll

A person walks in to cast their ballot at the Eastbridge Presbyterian Church in Mount Pleasant, S.C., on Feb. 3, 2024. Brandon Bell/Getty Images

A federal court has ordered the South Carolina Election Commission to allow out-of-state entities to access and purchase copies of the Statewide Voter Registration List.

The Statewide Voter Registration List is a record of the most current and accurate voter registration information compiled and maintained by the state’s Voter Registration and Election Management System.

The Voter Registration and Election Management System is a cooperative effort by the South Carolina Election Commission and the County Boards of Voter Registration to add new registrants, record address changes, and drop duplicate registrations, deceased voters, and those who have moved out of state.

U.S. District Court Judge Joseph Anderson agreed with the plaintiff, the Public Interest Legal Foundation (PILF), that the Statewide Voter Registration List falls within the disclosure mandate of the National Voter Registration Act of 1993 (NVRA), and that the South Carolina statute prohibiting disclosure to all but the state’s registered voters, is preempted by the Act, pursuant to Article 6 of the U.S. Constitution.

Article 6, paragraph 2, also known as the Supremacy Clause, says that federal laws take priority over conflicting state laws and rules.

The National Voter Registration Act requires that the states retain records from federal elections for at least two years and shall make available to the public “all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy of official lists of eligible voters.”

Election integrity watchdogs, such as PILF, say transparency builds public confidence in elections.

The foundation argued successfully that states cannot add additional restrictions, such as residency requirements when the voter roll is requested under the National Voter Registration Act. It must be available to everyone.

The court found that Congress intended the Statewide Voter Registration List to be provided for public inspection. It also held that such access, as limited by South Carolina law, is a violation of “the plain language mandates” of the National Voter Registration Act.

The lawsuit was precipitated in February when the South Carolina Election Commission refused to provide the PILF a copy of the state’s voter list.

J. Christian Adams, president of the Public Interest Legal Foundation (PILF). Courtesy of PILF

Number of Victories

The PILF has won similar cases involving public access to voter rolls in Maine, Maryland, and Illinois.

The nonprofit is currently suing Hawaii over its voter roll transparency.

In a Sept. 24 statement announcing its South Carolina victory, PILF President J. Christian Adams said: “It is now settled law that voter rolls are public records. PILF has now fought this fight and won in court in four states.

“This lawsuit will bring transparency to South Carolina’s 2024 elections.”

In South Carolina, the governorship and both houses of the state Legislature are controlled by Republicans.

The South Carolina Election Commission is a five-member board appointed by the governor for four-year terms.

According to its website, the commission’s mission is “to ensure every eligible citizen has the opportunity to vote and participate in fair and impartial elections with the assurance that every vote will count.”

By law, the South Carolina Election Commission must have at least one member from the party controlling the General Assembly and at least one member from the minority party.

Upon the advice and consent of the State Senate, the commission appoints an executive director.

The current executive director, Howard Knapp, was a defendant in the PILF lawsuit.

The South Carolina Election Commission press office did not respond to a request for comment.