In November, South Carolina voters will have the chance to decide on a constitutional change that would make it so that only citizens can vote in events in the state.
The South Carolina State Election Commission says the question will be: “Must Section 4, Article II of the Constitution of this State, which is about who can vote, be changed so that only a citizen of the United States and of this State who is eighteen years old or older and properly registered is entitled to vote as the law provides?”
Ryan Waite, vice president of public relations at Think Big, told The Center Square via email, “The amendment is a clear response to the 2020 election. It aims to remove any doubt as to the legitimacy of the electoral process in South Carolina.” “Given how close some of these races were, it’s hard to argue that there shouldn’t be a way to make sure that registered voters show up to vote.”
“Any such action, however, inevitably and disproportionately impacts marginalized communities, mitigating the actual reason for changes like this.”
Nicholas Higgins, chair of the political science department at North Greenville University in Tigerville and associate professor of political science, said that the plan “changes the meaning of the law in two important ways,” even though it only changes one word.
“First, it could make it harder for people to vote,” Higgins told The Center Square in an email. “The term ‘Every’ citizen makes it clear that laws that restrict citizen voting are presumed unconstitutional under South Carolina’s constitution.”
Even though non-citizens can’t vote in any place in South Carolina, Higgins said the change would make it clear that only U.S. and South Carolina citizens can vote. But Higgins said that the change could make it easier for lawmakers to make laws that make it harder for people to vote.
“Those assessing this change need to ask whether the perceived clarification that does not address any current concerns in S.C. is worth the potential danger of future restrictions that may be passed,” said Higgins. “Further, there is the practical question of why this needs to be an amendment, whereas the legislature can pass the law stating ‘only’ citizens can vote, which would guide and help the phrase ‘every’ in the constitution without altering the fundamental law.”
But Barry Maher, principal of Barry Maher & Associates and author of Filling the Glass, said that politicians in the state probably have better things to do with their time.
“I think it’s wonderful that South Carolina has reached such a state of perfection that the Legislature has nothing else to do but make meaningless changes to requirements—as if non-citizen voting wasn’t already illegal,” Maher said via email to The Center Square. “Like it was a real problem.” As if the punishments for not being a citizen weren’t already too dangerous for someone to vote.
“As if thousands of people would risk the chance to stay in this country in return for a microscopic improvement in the chances of their supposedly chosen candidates.”
Alan Wilson, the attorney general of South Carolina, has also asked the U.S. Supreme Court to hear a case to ensure that states can make rules about their elections, like making voters show proof of citizenship.
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