Isabella Carter
The South Carolina Constitution has a long and complex history, with the first governmental framework for the state being established in 1669. The document that forms the basis of the current constitution was written in 1777 and formally recognised South Carolina's independence from Britain. In this answer, we will explore the sections of the South Carolina Constitution that address voting and how these have evolved over time.
| Characteristics | Values |
|---|---|
| Article addressing voting | Article II, entitled "Right of Suffrage" |
| Number of sections in Article II | 11 |
| Voter qualifications | Citizen of the United States, citizen of South Carolina, at least 18 years old, properly registered |
| Voting requirements in 1669 | Men needed 50 acres of land to vote and 500 acres to serve in the Assembly |
| Voting requirements in 1965 | Literacy tests were outlawed by the Voting Rights Act |
| Voting requirements in 2024 | Voters considered adding the word "only" to the qualifications, changing it from "every citizen" to "only a citizen" |
| Number of votes needed to impeach the governor and other state officials | Two-thirds of the South Carolina House of Representatives |
| Number of votes needed to call for a constitutional convention | Two-thirds of each house of the General Assembly |
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What You'll Learn
The Citizen-Only Voting Amendment
Article II of the South Carolina Constitution is titled "Right of Suffrage" and comprises eleven sections. Section 4 of this article currently states that "every citizen of the United States" who is a resident of South Carolina, aged 18 or older, and properly registered is entitled to vote.
The proposed amendment seeks to change the wording from “every” to “only a," thereby modifying the text to read that "only a citizen of the United States and of this State, of the age of eighteen and upwards, who is properly registered, is entitled to vote as provided by law." This change aims to more precisely define who has the right to vote in South Carolina, ensuring that only U.S. citizens can participate in local elections.
To become part of the South Carolina Constitution, the Citizen-Only Voting Amendment requires approval through a two-step process. First, a majority of voters (50% plus 1) must vote in favour of the amendment during the General Election. Subsequently, the state legislature must approve the amendment for a second time, with a simple majority required in both the House and the Senate.
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Voter qualifications
The South Carolina Constitution has a long and complex history, with the first governmental framework for the state being the Fundamental Constitutions of Carolina, written in 1669. This document, penned by Anthony Ashley Cooper and his secretary John Locke, established a system of government based on land ownership. Voting requirements at the time included the ownership of fifty acres of land, with those seeking to serve in the Assembly needing five hundred acres.
The state's current constitution, which includes provisions on voting qualifications, was written in 1777 and adopted in March 1778. Article II of the South Carolina Constitution, entitled "Right of Suffrage", governs the state's electoral process and voter qualifications.
In 2024, a proposed amendment to Section 4, Article II of the Constitution was put to voters in the November 5 General Election. The amendment sought to change the wording of the section relating to voter qualifications from "every citizen" to "only a citizen". This change aimed to ensure that only citizens of the United States and of South Carolina, aged 18 and above, who are properly registered, are entitled to vote. The amendment passed with a bipartisan vote of 40-3 in the state senate and unanimously in the state house.
It is important to note that while Section 6 of Article II still permits the General Assembly to allow for literacy tests for voting, this provision was outlawed by the Voting Rights Act of 1965 and is no longer enforceable. Additionally, the Catawba Indians are declared citizens of the state and possess the same rights and privileges as other citizens, including voting rights.
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Right of Suffrage
The right to vote, or suffrage, is a fundamental aspect of any democratic society, and South Carolina's constitution includes several provisions to ensure that its citizens can exercise this right. The state's constitution has a dedicated article, Article II, which is titled 'Elections and Suffrage' and outlines the qualifications, procedures, and regulations pertaining to voting in South Carolina.
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Voting Rights Act of 1965
In South Carolina, Section 4, Article II of the State Constitution relates to voter qualifications. In November 2024, a ballot was put forward to amend the constitution to more clearly define who has the right to vote. The amendment changed one word, from "every" to "only a", to ensure that only citizens of the United States are permitted to vote in state elections.
The Voting Rights Act of 1965 was a landmark federal statute in the United States that prohibited racial discrimination in voting. The Act was signed into law by President Lyndon B. Johnson on August 6, 1965, during the height of the civil rights movement. It was designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution and to secure the right to vote for racial minorities, particularly in the South.
Before the Act, African Americans in the South faced significant obstacles to voting, including literacy tests, poll taxes, and other bureaucratic restrictions. They also risked harassment, intimidation, economic reprisals, and physical violence when attempting to register or vote. Civil rights organizations such as the Southern Christian Leadership Conference (SCLC) and the Student Nonviolent Coordinating Committee (SNCC) pushed for federal action to protect the voting rights of racial minorities, with protests and peaceful demonstrations taking place in Alabama and Mississippi.
The Voting Rights Act of 1965 had an immediate impact, with a quarter of a million new Black voters registered by the end of 1965, one-third by federal examiners. The Act was readopted and strengthened in 1970, 1975, and 1982, and remains one of the most important safeguards for Black Americans and other minority groups in relation to voting.
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Constitutional amendments
The South Carolina Constitution of 1895 outlines the state's laws regarding elections and voting rights. The constitution is subject to amendments, which are proposed by the General Assembly.
One such amendment relates to voter qualifications. In 2023, Bill 5081 proposed an amendment to Section 4, Article II of the Constitution, which clarifies that only citizens of the United States and of South Carolina, aged 18 or over, and who are properly registered are entitled to vote. This amendment was to be submitted to the qualified electors in the next general election for representatives.
Another example of an amendment is seen in the 2021-2022 Bill 108, which focuses on election laws. This bill repealed Section 7-15-470 of the 1976 Code and made changes to early voting center locations and distribution. The bill also amended Section 7-15-320 of the 1976 Code.
The South Carolina Election Law, as outlined in Title 7, includes various provisions related to elections, such as the definition of "general election", "special election", and "primary". It also addresses the role of the State Election Commission in regulating ballot forms and instructions.
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Frequently asked questions
Article II of the South Carolina Constitution, entitled "Right of Suffrage", addresses voting.
Article II of the South Carolina Constitution governs the state's electoral process. Section 4 of Article II relates to voter qualifications. In the 2024 General Election, a constitutional amendment question was added to the ballot to amend Section 4 to provide that only a citizen of the United States and of South Carolina, aged 18 or above, who is properly registered is entitled to vote.
To vote in South Carolina, one must be a citizen of the United States and of South Carolina, be 18 years of age or older, and be properly registered.
