Mail In Ballot Litigation in South Carolina

___________________

WITNESS REQUIREMENT

South Carolina Election Commission

Witness Signature Required for Mail-In Ballots

Ballots received through October 7 will be accepted without a witness signature.

COLUMBIA, S.C. (October 6, 2020) – South Carolinians voting absentee by mail must now have their signatures on ballot return envelopes witnessed after the United States Supreme Court late yesterday reinstated the requirement. 

Under the court’s order, ballots already received by county officials and those received through October 7 will be counted regardless of whether the return envelope bears a witness signature.

To ensure your absentee by mail ballot counts, voters must:

  • Sign the voter’s oath on the ballot return envelope
  • Have a witness sign and provide address.  Any other person can be a witness.
  • Return your ballot before 7:00 p.m. on November 3.  Ballots can be returned in person or by mail.  You should mail your ballot as soon as possible and at least a week before election day to allow time for delivery before the deadline.
###
Republican National Committee
October 5, 2020

Supreme Court Hands Republicans Victory In South Carolina, Reinstating Important Election Safeguard

WASHINGTON – Tonight, the United States Supreme Court sided with Republicans by reinstating South Carolina’s witness requirement for mail-in ballots in November’s election, effectively reversing an appeals court decision. This ruling should serve as a warning to Democrats that the Supreme Court recognizes that courts should avoid overturning long-standing, popular election integrity laws on the eve of an Election.  
 
“Tonight’s victory is a significant win for South Carolina voters as the Supreme Court agreed that witness verifications are an important part of protecting the integrity of the vote.  While Democrats continue to try and wreak havoc on our elections systems and open the door to fraud and ballot manipulation, Republicans are fighting back – and we are winning.  The RNC and its Republican allies will continue to meet Democrats in court to ensure that all Americans can be confident in our elections.” – RNC Chairwoman Ronna McDaniel
 
This win follows Republicans’ victory in the lower courts in South Carolina, where Democrats’ lost in their attempts to extend the state’s Election Day delivery deadline and eliminate the state’s ban on ballot harvesting.  
 
While Democrats are spinning a false narrative about their “victories,” the RNC is winning in court on significant issues such as protecting against ballot harvesting and ensuring election receipt deadlines and voter integrity measures remain intact.   This victory is yet another blow to Democrats in their fight to upend election laws as the RNC has won a string of recent battles including in Georgia, Arizona, New Hampshire, Maine, Iowa and Ohio in just the last week.  
 
The RNC will continue to fight for commonsense election integrity laws and we expect more victories to come. To learn more visit ProtectTheVote.com.
 
###
South Carolina Election Commission

Witness Signature Now Required on Absentee By Mail Ballots for 2020 General Election

COLUMBIA, S.C. (September 24, 2020) – South Carolinians voting absentee by mail must now have their signatures on ballot return envelopes witnessed after the United States Fourth Circuit Court of Appeals today issued an order reversing a lower court’s ruling.   On September 19th, the United States District Court ordered the witness requirement to be suspended for the 2020 General Election.  The Fourth Circuit order stays the District Court order.

The SEC will continue to the notify the public of any changes to the witness requirement through the media and at scvotes.gov.

CURING BALLOTS WITH MISSING SIGNATURE

League of Women Voters of South Carolina
10/2/2020

LWV of South Carolina Files Lawsuit to Establish Fair Ballot Absentee Signature Procedures

Voters must be given opportunity to fix signature errors and ensure their votes will be counted 

CHARLESTON, SC—Today, the League of Women Voters of South Carolina filed a federal lawsuit against the state’s Election Commission, asking the court to establish a notice and cure process for absentee ballots flagged for rejection due to a missing signature. Currently, voters who submit a ballot with a missing signature are not notified of the issue or given an opportunity to fix it before their ballot is tossed out. 

“Because of the state of emergency in South Carolina, more voters than ever are choosing to cast absentee ballots for the first time in this election. With so many voters new to the absentee ballot process, there’s a danger that small mistakes like leaving off a signature could result in widespread ballot rejection,” said Christe McCoy-Lawrence, co-president of the League of Women Voters of South Carolina. “Our Election Commission can take steps to ensure voter confidence right now, by establishing a mechanism to notify voters of their missing signature and give them a chance to fix it.” 

In the 2018 general election, South Carolina rejected 6.2% of ballots due to missing signatures. Due to COVID-19, all South Carolina voters are eligible to vote absentee under the State of Emergency reason. With the number of absentee ballots expected to be several times higher in 2020 than in 2018, the rate of rejection would be significant without a notice and cure process. 

“Voters will not know if their ballot was counted until after the election if there is not a notice and cure process in place,” said Dr. Deborah Ann Turner, president of the board of directors of the League of Women Voters of the United States. “A notice and cure process means a state will notify a voter of ballot issues and offer them the opportunity to fix them. Many states across the country have adopted these processes and so should South Carolina. This is the best way to ensure voters’ voices are not silenced and their vote will be counted.” 

The League of Women Voters is joined in the case by The Family Unit, Inc., and an individual voter, George Hopkins. Plaintiffs are represented in the case, League of Women Voters of South Carolina v. Andino, by the Lawyers' Committee for Civil Rights Under Law, ACLU of South Carolina, and Debevoise & Plimpton LLP. 

“The right to vote empowers, and this lawsuit is necessary to protect that right in the November election,” said Dr. Brenda Williams, CEO of The Family Unit, Inc. “Voting raises self-esteem and increases a sense of self-worth. Voters make change happen.” 

“South Carolina has already seen a record number of absentee ballot requests this year, but that does not mean there needs to be a record number of disenfranchised voters,” said John Powers, an attorney with the Lawyers’ Committee for Civil Rights Under Law. “The failure to give voters an opportunity to correct minor or technical mistakes is a clear violation of the fundamental right to vote. We are asking for common sense protections that can be implemented before the election.” 

“With so many prevented from voting in person this year, the need to protect the rights of absentee voters could not be more critical,” said Julianne J. Marley, associate for Debevoise & Plimpton. “This case seeks to help ensure that absentee voters in South Carolina are not deprived of their fundamental right to vote due to minor ballot errors.” 

All South Carolina voters are encouraged to request an absentee ballot before the deadline of 5pm on Saturday, October 24th, in order to receive their absentee ballot on time. Absentee ballots must be received by 7pm on Tuesday, November 3rd, to be counted.

Read this complaint here.

###

PRESS CONTACT: Kayla Vix | 202-809-9668 | kvix@lwv.org

ACLU of South Carolina
Ian Weiner, Lawyers’ Committee for Civil Rights Under Law
Greer Hunter, Debevoise & Plimpton LLP
Ali Titus, ACLU of South Carolina
Kayla Vix, League of Women Voters
October 3, 2020

LAWSUIT FILED IN SOUTH CAROLINA TO PREVENT DISENFRANCHISEMENT OF ABSENTEE VOTERS

(Charleston, S.C.) - South Carolina’s failure to allow absentee voters to correct minor concerns on their ballot envelopes is unconstitutional and must be corrected before the November election, a lawsuit filed today against several state election commissioners argues. The suit claims that South Carolina’s lack of an effective notice and cure process violates voters’ due process rights and their right to vote, and will lead to the disenfranchisement of large numbers of eligible voters in the upcoming election.

The litigation, League of Women Voters of South Carolina v. Andino, was filed today in U.S. District Court for the District of South Carolina. The Lawyers’ Committee for Civil Rights Under Law, the ACLU of South Carolina, and Debevoise & Plimpton LLP are representing the League of Women Voters of South Carolina, The Family Unit and one registered voter who intends to vote-by-mail.

“South Carolina already has seen a record number of absentee ballot requests this year, but that does not mean there needs to be a record number of disenfranchised voters,” said John Powers, an attorney with the Lawyers’ Committee for Civil Rights Under Law. “The failure to give voters an opportunity to correct minor or technical issues is a clear violation of the fundamental right to vote. We are asking for common sense protections that can be implemented before the election.”

 South Carolina election law requires election officials to reject any absentee ballot based on a missing signature on the outside of the ballot return envelope, and voters are not required to be notified if this happens. The plaintiffs are asking officials to direct county election officials to immediately provide voters with notice and an opportunity to cure those issues, so they can ensure their ballot if not unnecessarily disqualified before the election is over. The plaintiffs are asking the court to order relief in time to prevent eligible voters’ absentee ballots from being thrown out in the November election.

 "It makes no sense for absentee ballots with technical defects to be treated any differently than any other challenged voter," said ACLU of South Carolina Legal Director Susan Dunn. "Just like all other voters, absentee voters need to be given notice of the problem and an opportunity to be heard."

“With so many prevented from voting in person this year, the need to protect the rights of absentee voters could not be more critical,” said Debevoise & Plimpton LLP Associate Julianne Marley. “This case seeks to help ensure that absentee voters in South Carolina are not deprived of their fundamental right to vote due to minor ballot errors.”

The corrective measures the plaintiffs are seeking will require very little staff time to implement and will cause minimal disruption to the voting process. Furthermore, by providing an effective notice and cure process, South Carolina will increase public confidence in the integrity of our election.

Plaintiffs said the following:

“Because of the state of emergency in South Carolina, more voters than ever are choosing to cast absentee ballots for the first time in this election. With so many voters new to the absentee ballot process, there’s a danger that small mistakes like leaving off a signature could result in widespread ballot rejection,” said Christe McCoy-Lawrence, co-president of the League of Women Voters of South Carolina. “Our Election Commission can take steps to ensure voter confidence right now, by establishing a mechanism to notify voters of their missing signature and give them a chance to fix it.”

“The right to vote empowers and this lawsuit is necessary to protect that right in the November election,” said Dr. Brenda Williams, CEO of The Family Unit, Inc.  “Voting raises self-esteem and increases a sense of self-worth. Voters make change happen.”

More information about the lawsuit here.
__________________

LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA, ET. AL. V. ANDINO, ET. AL.

On October 2, The Lawyers’ Committee for Civil Rights Under Law, the ACLU of South Carolina, and Debevoise & Plimpton LLP filed a federal lawsuit challenging South Carolina’s failure to allow absentee voters to correct minor concerns on their ballot envelopes is unconstitutional and must be corrected before the November election. South Carolina’s lack of an effective notice and cure process violates voters’ due process rights and their right to vote and will lead to the disenfranchisement of large numbers of eligible voters in the upcoming election.

South Carolina election law requires election officials to reject any absentee ballot based on a missing signature on the outside of the ballot return envelope, and voters are not required to be notified if this happens. The plaintiffs are asking officials to direct county election officials to immediately provide voters with notice and an opportunity to cure those issues, so they can ensure their ballot if not unnecessarily disqualified before the election is over. The plaintiffs are asking the court to order relief in time to prevent eligible voters’ absentee ballots from being thrown out in the November election.

Just like all other voters, absentee voters need to be given notice of the problem and an opportunity to be heard.


ATTORNEY(S)
Susa K. Dunn, Shirene C. Hansotia, Ezra Rosenberg, Catherine Amirfar, Julianne J. Marley
PRO BONO LAW FIRM(S)
Debevoise & Plimpton, LLP
NO EXCUSE REQUIRED TO VOTE ABSENTEE

ACLU of South Carolina
Ali Titus, ACLU of South Carolina
Inga Sarda-Sorensen, ACLU National
FOR IMMEDIATE RELEASE SEPTEMBER 18, 2020

SOUTH CAROLINA TAKES STEPS TO PROTECT VOTERS DURING THE COVID-19 PANDEMIC

COLUMBIA, S.C. — In a victory for voting rights, South Carolina took steps today to better protect voters in the November general election during the COVID-19 pandemic.

The action follows a federal lawsuit brought by the American Civil Liberties Union, ACLU of South Carolina, and NAACP Legal Defense and Educational Fund. The groups challenged a state requirement that forced people who vote absentee to have an “excuse” to do so, as well as a witness requirement for absentee ballots.

South Carolina Gov. Henry McMaster signed a measure this afternoon that would allow all voters to cast absentee ballots because of the COVID-19 outbreak.

“Today’s action by Gov. McMaster is an important step forward for South Carolinians who want to vote in the general election without risking their health during COVID-19,” said Ali Titus, director of policy and communications at the ACLU of South Carolina.

The measure signed today does not waive the witness-signature requirement on absentee ballots, which makes voting from a safe social distance impossible for those who live alone.

“We will continue to litigate to remove this remaining hurdle to safe voting in South Carolina,” said Adriel Cepeda Derieux, a staff attorney with the ACLU’s Voting Rights Project.