South Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments. A proposed amendment must be submitted to voters at the next general election for state representatives. The state legislature prepares the ballot question itself. Additionally, a Constitutional Ballot Commission made up of the Attorney General, State Election Commission Director, and Legislative Council Director prepares an explanation of the proposed amendment’s meaning and effect if it decides such explanation is necessary; the explanation is printed on the ballot or available in print at polling places. The explanation must be provided to members of the media upon request, but otherwise, advance publication or distribution is not required. State law provides for both pre-election legal challenges to explanations prepared by the Constitutional Ballot Commission, as well as post-election challenges based on insufficient ballot language.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in South Carolina
South Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by South Carolina voters. S.C. Const. art. XVI, § 1.
Election Timing
A legislatively referred amendment is submitted to voters after it is approved by a 2/3 supermajority of the members of each legislative house. S.C. Const. art. XVI, § 1. It is then submitted at the next general election for state representatives. See id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must display the following.
- Ballot question that instructs the voter on the substance of the proposed amendment. See C. Code § 7-13-400.[1]
- South Carolina law does not specify an entity other than the legislature as being responsible for preparing the ballot question. See C. Const. art. XVI, § 1; S.C. Code § 7-13-400
- (Where applicable) Explanation of the meaning and effect of the proposed amendment, if its nature is such that it might not be clearly understood by voters. See C. Code §§ 7-13-2110, -2120.
- The explanation is placed on the ballot, unless mechanical voting devices are used, in which case, printed copies are made available at each voting precinct. See C. Code § 7-13-2110.
- The South Carolina Constitutional Ballot Commission—composed of the Attorney General, State Election Commission Director, and Legislative Council Director—is charged with determining whether an explanation is needed. See C. Code § 7-13-2120. This Commission is then responsible for preparing the explanation. The phrasing must be approved by a majority of the three members. See id.
- The explanation can be simplified or more detailed, as appropriate. Id.
South Carolina law also provides that the full text of a proposed amendment must be posted conspicuously in each voting precinct on Election Day. See S.C. Code § 7-13-180.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
X South Carolina law does not generally require that information about proposed constitutional amendments be published in newspapers or similar media.
The South Carolina Election Commission is required to make the Constitutional Ballot Commission’s explanation available to the news media upon request at least ten days before the general election. See S.C. Code § 7-13-2120(2).
Voter Information Pamphlet
X South Carolina law does not require a state voter information pamphlet regarding proposed constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
South Carolina statutes allow for proceedings to challenge an explanation of a proposed amendment’s meaning and effect prepared by the Constitutional Ballot Commission. See S.C. Code § 7-13-2130. The South Carolina Supreme Court has original, exclusive jurisdiction over these proceedings, which may take place before the applicable general election. Id.; see also Taylor v. Roche, 248 S.E.2d 580, 583 (S.C. 1978). In addition, the South Carolina Supreme Court has held that an election may be contested on the grounds of insufficient ballot language through a post-election challenge filed with the Board of Canvassers, whose decision may be appealed to the state supreme court. See Taylor v. Roche, 248 S.E.2d 580, 583 (S.C. 1978) (referencing S.C. Code § 7-17-270).
Sample case: Douan v. Charleston Cnty. Council, 594 S.E.2d 261 (S.C. 2003) (in a case involving a county-level referendum, finding the ballot language did not comply with S.C. Code § 7-13-400 in that it failed to inform voters of the meaning of their votes in a neutrally worded manner and appeared calculated to advocate and to mislead voters).
[1] The South Carolina Code, Title 7, can be found online. South Carolina Legislature, South Carolina Code of Laws Title 7 – Elections, https://www.scstatehouse.gov/code/title7.php (last accessed Oct. 29, 2023).