South Carolina has operated under an open primary system for a long time, and many people have been calling for our legislators pass a closed primary bill.
Open primaries allow voters to choose which party’s primary to vote in without registering with a political party.
H.3643 appears to be the General Assembly's preferred approach to closing our state's primaries.
Red Flags
We used the Tips for Reading a Bill series to highlight red flags in this bill and urge you, as a hard-core constitutional conservative, to look closely at the structural changes proposed here.
⚠️ Do not rely on the bill’s title or summary. These are often misleading.
What this bill does.
☑ Adds new law
☑ Amends existing law
☑ Expands existing authority
☑ Codifies party control mechanisms
New Section 7-5-200
Under H.3643, you have to be registered with a party, or as unaffiliated, at least 45 days before a primary if you want to cast a ballot. It basically sets a hard deadline for deciding where you stand well before election day even arrives. Voters who miss that 45-day window are barred from the primary.
Under this section, an unaffiliated elector automatically becomes a registered member of a political party upon casting a vote in its partisan primary or advisory referendum.
Does the bill explain how people can opt out?
Amended Code Sections
Sections 7-5-170 and 7-5-185: This part of the bill expands the voter registration form to include a mandatory field for political party affiliation, thereby increasing the amount of data the state captures for every voter.
Sections 7-11-15(A) and 7-11-210(A): The deadline for candidate filing and party pledges moves from March 30 to March 25, shrinking the filing window.
Section 7-11-15(A): Starting July 1, 2026, all party candidates must pay a filing fee, even when no primary is held. Political parties may also charge an additional certification fee of up to $100.
Section 7-13-40(B)(1): Only candidates who meet both of the following criteria may appear on a party's primary ballot:
Voted in two of the last three statewide primaries of that party, and
Registered with the party at least 45 days before the filing period opens.
Exemption: Party leadership can open filing to unaffiliated or other-party candidates, but only if they adopt that rule at least 120 days before filing begins.
Ambiguous Words
• may, by resolution
Grants discretionary authority.
• shall ensure... as appropriate
Mandates an outcome while giving agencies wide latitude to decide the methods.
Power & Action Words
The bill repeatedly authorizes government or party entities to:
• require
• ensure
• verify
• certify
• refuse to certify
• charge
Who Receives This Power
• State Election Commission
• County election boards
• State executive committees of political parties
Money Pits
Who pays for all of this?
• Voter education program
• Statewide voter data systems
• Administrative enforcement obligations
• Candidate filing and certification fees
Predictable consequences:
Independent voters and people who don't vote in every primary will think twice before participating.
First-time candidates and those who decide to run later in life face an uphill climb to qualify.
Party leadership ends up with greater control over who can run.
Your political preferences are stored and used to target you with political ads and donation requests.
Amendments and future laws will make this bill worse.
Main Question to ask: Why do unelected party committees get to decide who's eligible for the ballot?
Disclaimer: The views expressed in this article are those of the author and do not constitute legal or professional advice. ConservaTruth assumes no liability for any actions taken based on this content. Read more.
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