A Superior Election Process for South Carolina

In 2020 the South Carolina legislature — along with other states — admirably passed legislation to reduce state residents’ exposure to COVID-19 during the election process. When considering the changes I was prompted to begin evaluating the entire election process from voter registration thru determining the results of the general election. The following describes what I believe to be a superior election process from the voter’s perspective.

Voter Registration

South Carolina residents who want to vote must register at least 30 days prior to the election. Current technology enables election day/same day voter registration. There is no justification to delay an eligible voter from exercising the constitutional right to vote. South Carolina should join the other 19 states and the District of Columbia that allow same day voter registration. South Carolina allows online registration but you must have a driver’s license or identification card from the South Carolina Department of Motor Vehicles. In accordance with the 1993 National Voter Registration Act you have the opportunity to register to vote when applying for a driver’s license or ID or renewing a driver’s license. However, South Carolina is not one of the 18 states and the District of Columbia that implemented Automatic Voter Registration. This process results in an increase in the percentage of registered eligible voters. South Carolina should implement Automatic Voter Registration. A voter registration application form is available online which can be printed, completed and sent by mail, fax or email to the county voter and registration office. Or, the form can be obtained and completed in person at the county voter and registration office. A resident does not affiliate with a political party or as an independent when registering.

Ballot Acquisition

Automatic Mail-in Voting

Nine states — four of them due to COVID-19 — and the District of Columbia automatically mail ballots to all registered voters. One disadvantage of automatically sending ballots to all registered voters is that voting rolls are frequently not current. Automatically mailing ballots to all individuals on the voting rolls is inefficient and increases the risk of fraudulent voting. South Carolina should not implement automatic mail-in voting.

Automatic Mail-in Ballot Application

Fourteen states — two of them due to COVID-19 — automatically mail absentee ballot applications to all registered voters. The disadvantages of automatic mail-in voting apply. South Carolina should not implement automatically mailing out absentee ballot applications.

No Excuse Mail-in Ballot Request

Thirty-four states — nine of them including South Carolina due to COVID-19— allow voters to request mail-in/absentee ballots with no excuse required. In South Carolina an application to vote absentee can be obtained in person at the county voter registration office, by mail by calling or emailing the county voter registration office, or online and printing the application. According to the South Carolina Election Commission website the following are “excuses” to vote absentee ballot:

• Members of the Armed Forces (click here for additional information)
• Members of the Merchant Marine (click here for additional information)
• Spouses and dependents residing with members of the Armed Forces or Merchant Marine (click here for additional information)
• Persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces outside their county of residence and their spouses and dependents residing with them (click here for additional information)
• Citizens residing overseas (click here for additional information)
• Persons who are physically disabled (includes illnesses and injuries)
• Students attending school outside their county of residence and their spouses and dependents residing with them
• Persons who for reasons of employment will not be able to vote on election day
• Government employees serving outside their county of residence on Election Day and their spouses and dependents residing with them
• Persons who plan to be on vacation outside their county of residence on Election Day
• Persons serving as a juror in state or federal court on Election Day
• Persons admitted to the hospital as emergency patients on Election Day or within a four-day period before the election
• Persons with a death or funeral in the family within three days before the election
• Persons confined to a jail or pre-trial facility pending disposition of arrest or trial
• Persons attending sick or physically disabled persons
• Certified poll watchers, poll managers, and county election officials working on Election Day
• Persons sixty-five years of age or older
• Persons who for religious reasons do not want to vote on a Saturday (Presidential Primaries Only)
• State of Emergency (November 3, 2020 General Elections and November 17, 2020 Runoffs)

The last excuse is for COVID-19 and only applies to 2020 elections. Absentee voting by mail is convenient, efficient and reduces wait times at the polls. South Carolina should implement no excuse absentee voting. State House District 45 representative, Brandon Newman, has sponsored a bill that eliminates most of the above excuses. His bill should be opposed by his House peers and his constituents.

Voting Methods

Single Choice Voting

Single choice voting (SCV) is the most common voting method used in United States elections. A voter selects only one candidate for an office. The criteria to determine a winner can be either plurality — the candidate who acquires the most votes — or majority — the candidate who acquires a majority of the total votes cast. For a majority criteria SCV if no candidate satisfies the criteria the two top vote getters compete in a runoff election. Plurality SCV is popular because it is simple to implement, it minimizes the time to vote and does not require further voting action unless there is a tie vote. Some disadvantages of SCV are that it promotes the evolution of a two major party contest and third party and independent candidates participate as spoilers as explained in the following video.

The Problems with First Past the Post Voting Explained

Ranked Choice Voting

Ranked choice voting (RCV) is also known as instant runoff voting (IRV) first implemented statewide by Maine and recently approved in Alaska for their general elections. A voter identifies first, second, third, etc. choice candidates for an office. If the candidate with the most first choice votes did not receive a majority of the total votes cast then the candidate with the least number of first choice votes is eliminated. Then the second choices of the voters for the eliminated candidate are assigned to the remaining candidates. The process continues until a candidate has received a majority of the total votes cast and is declared the winner. Two disadvantages of ranked choice voting are increased complexity and time for voting and computing the results. One advantage is the elimination of the single choice voting spoiler impact when a voter selects a preferred but unlikely to win candidate. Another advantage is the assurance of the winning candidate receiving a favorable vote from a majority of the voters in the final round eliminating the need for a runoff election as explained in the following video.

What Is Ranked Choice Voting?

South Carolina should use ranked choice voting in partisan presidential preference primary elections, statewide partisan primary elections and nonpartisan general elections.

Ballot Delivery

In-Person Voting

South Carolina is one of the forty-two states and the District of Columbia that permit early voting. South Carolina does not generally offer in-person early voting but permitted it for 2020. Any registered voter was allowed to cast an in-person absentee ballot starting on October 5, 2020 thru 5:00 p.m. on the day before the election.

Voter identification requirements are the same for all elections conducted by the South Carolina State Election Commission and require any one of the following:

• S.C. Driver’s License
• ID card issued by the S.C. Department of Motor Vehicles (includes the S.C. Concealed Weapons Permit)
• S.C. Voter Registration Card with Photo
• Federal Military ID (Includes the VA Benefits Card)
• US Passport (Includes the US Passport Card)

If you do not have one of these Photo IDs, you can make your voting experience as fast and easy as possible by getting one before Election Day. If you are already registered to vote, you can go to your county voter registration and elections office, provide your date of birth and the last four digits of your Social Security Number, and have your photo taken. You can do this even on Election Day. Free DMV ID Cards are also available from the Department of Motor Vehicles.

If you cannot get a Photo ID, bring your non-photo voter registration card with you to the polling place. You may vote a provisional ballot after signing an affidavit stating you have a reasonable impediment to obtaining a Photo ID. A reasonable impediment is any valid reason, beyond your control, which created an obstacle obtaining a Photo ID. Some examples include: a disability or illness, a conflict with your work schedule, a lack of transportation, a lack of a birth certificate, family responsibilities, a religious objection to being photographed, and any other obstacle you find reasonable. This ballot will count unless someone proves to the county board of voter registration and elections that you are lying about your identity or having the listed impediment.

To vote under the reasonable impediment exception:

• Inform the poll managers that you do not have a Photo ID and could not get one.
• Present your current, non-photo registration card.
• Sign the affidavit provided by the poll managers stating why you could not obtain a Photo ID.
• Cast a provisional ballot that will be counted unless the county board of voter registration and elections has reason to believe your affidavit is false.

The above voter identification requirements comply with the National Voter Registration Act and the 2002 Help America Vote Act.

Election Types

Presidential Primary

South Carolina recognized political parties can choose to hold — open to any registered voter — presidential preference partisan primary elections conducted by the State Election Commission. These so-called Democratic or Republican Presidential Primaries are traditionally the first in the South. The voter’s oath prohibits a resident from voting in both primaries. The primary is a single choice voting election with the number of votes cast for any candidate resulting in a directly proportional number of delegates to support the candidate at the national convention. In 2020 the Alaska, Hawaii, Kansas, Nevada and Wyoming Democratic parties utilized RCV in their partisan presidential nomination contests.

The South Carolina Democratic and Republican parties should utilize RCV in their presidential preference primary elections.

Statewide Semi-Open Partisan Primary Elections

Currently the Democratic and Republican parties have partisan primary elections conducted by the State Election Commission. Any voter no matter what political party affiliation — if any — requests either a Democratic and Republican party ballot. However, the voter’s oath prohibits a resident from voting in both primaries. The winners of the primary elections advance to the general election. If no candidate for an office receives a majority of the votes cast then the top two SCV winners compete in a runoff election. The South Carolina Democratic and Republican parties should utilize RCV in their semi-open partisan primary elections.

Partisan Primary Runoff Elections

Runoff elections are second elections held to determine a winner when no candidate in the first election meets the required threshold for victory. A runoff election is conducted two weeks after the primary election. Voters who voted in a primary election are limited to voting in the same party’s runoff election. Voters who did not vote in a primary election can choose to vote in either party’s runoff. Voter participation in runoff elections is typically half that of the primary election. Due to the time constraints of runoff elections, overseas military and state residents complete a primary SCV and RCV ballot — the latter to be utilized in lieu of a runoff election. South Carolina Democratic and Republican parties should utilize RCV in their semi-open partisan primary elections to eliminate the need for runoff elections.

Conventions

Typically third parties select their endorsed candidates for public office in the general election via conventions of their members. Normally party members seeking office make presentations during the convention to familiarize the members with their qualifications and campaign objectives. Following the presentations the members in attendance vote to endorse or reject each candidate if only one has applied for an office. If more than one candidate is applying for an office endorsement the members vote to select a winner. Excluding non-third party members from voting is justified since the convention is conducted at the party’s expense and preserves the 1st amendment right of association. South Carolina should continue to allow state recognized political parties to nominate general election candidates via conventions.

General Elections

The general election is conducted statewide and is not limited to voters in a particular party or a specific locality. General elections are conducted on the first Tuesday after the first Monday of November in even-numbered years. The general election for the President is conducted quadrennially on the first Tuesday after the first Monday of November. South Carolina elects the Governor in non-presidential general elections which increases voter participation. Candidates gain access to the general election ballot by winning a primary election, being nominated during a third-party convention, or qualifying by submission of the required number of verified petition signatures. South Carolina should maintain general election candidate diversity by continuing candidates to qualify via primary election, nominating convention and petition signatures.

Election Reformers

Early this year Massachusetts based nonprofit organization Rank the Vote and a coalition of South Carolina election activists co-founded the nonprofit, nonpartisan corporation Better Ballot SC to promote the implementation of RCV in South Carolina elections. Unlike Massachusetts which has voter initiated legislation, the South Carolina Constitution delegates all legislative authority to the General Assembly. Therefore, Better Ballot SC will strive to create a public demand for RCV prompting the legislature to pass legislation that satisfies the demand. Better Ballot SC conducts monthly Zoom statewide strategy/status meetings and encourages South Carolina voters interested in RCV to attend. Another organization promoting election reforms utilizing RCV is Maryland based FairVote.

Electoral College

The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress. Electoral votes are allocated among the states based on the Census. Every state is allocated a number of votes equal to the number of senators and representatives in its U.S. Congressional delegation — two votes for its senators in the U.S. Senate plus a number of votes equal to the number of its Congressional districts. South Carolina currently has nine electoral votes. All states, except for Maine and Nebraska have a winner-take-all policy where the state looks only at the overall winner of the state-wide popular vote. Maine and Nebraska, however, appoint individual electors based on the winner of the popular vote for each Congressional district and two electors based on the winner of the overall state-wide popular vote. An electoral vote allocation method superior to statewide popular vote winner-take-all and Congressional district popular vote winner is statewide popular vote proportional representation. Each state would award electors based on the overall split in the popular vote. For example the statewide popular vote winner would receive two electoral votes for its number of Senators. The number of electoral votes for its number of Representatives would be proportional to the number of statewide popular votes received by each candidate. For example in the South Carolina 2020 general election the total votes won were: Donald Trump 55.11%; Joe Biden 43.43%; Jo Jorgensen 1.11%: Howie Hawkins 0.27% and Rocky De La Fuente 0.07%. Using the D’Hondt/Jefferson method of proportional allocation Trump would have received four and Biden would have received three Representative electoral votes. Trump would have also received the two Senatorial electoral votes for a total of six. Proportional solutions have been proposed many times in the country’s history, and in 1950 the Senate passed such a proposal with more than a two-thirds majority. Statewide proportional representation eliminates the incentives and effects of gerrymandering for POTUS. South Carolina should change from winner-take-all to statewide popular vote proportional allocation of electoral votes.

Thank you for reading my description of proposed changes to South Carolina’s election process. Your constructive comments whether positive or negative are encouraged.