American Civil Liberties Union of South Carolina v. State Election Commission
What's at Stake
The South Carolina Department of Motor Vehicles (SCDMV) has unlawfully denied young, eligible South Carolinians the opportunity to register to vote. Under South Carolina law, individuals who are 17 years old may register to vote and vote in primary elections so long as they (1) will turn 18 on or before the next general election, and (2) otherwise meet the qualifications for voting. An administrative error in the SCDMV's processes, however has stopped the Department from transmitting the proper paperwork to complete all registration information to the South Carolina Elections Commission. As a result, thousands of young voters who did everything right and should have been registered to vote have not been added to the state's voter rolls in the runup to the 2024 general election. ACLU and ACLU of South Carolina have sued, asking the court to ensure that these new voters are registered and properly notified in time for them to vote in the November 2024 election.
Summary
Under a section of the National Voter Registration Act known as the “Motor Voter” provision, the South Carolina Department of Motor Vehicles (SCDMV) is supposed to provide all customers the opportunity to register to vote when they apply for a new or renewed ID card or driver’s license. And under South Carolina law, 17-year-old citizens may register to vote as long as they turn 18 on or before the next general Election Day and are otherwise qualified to vote.
An inquiry by the ACLU of South Carolina, however, has revealed that SCDMV has systematically failed at transmitting the correct information that would allow the South Carolina Elections Commission to complete these voters registration.
Specifically, when a South Carolinian applies for a new or renewed driver’s license or other ID from the SCDMV — whether in person, online, or by phone, mail, or email — the SCDMV must give that person an opportunity to register to vote or update their voter registration. If the customer indicates they want to register or update their voter registration, the SCDMV must transmit that information via the State Election Commission to the county board of elections, usually within 10 days.
When an SCDMV customer fills out a driver’s license or state identification application, Box 5 of the Form 447-NC asks: “Do you want to register to vote in South Carolina with the County Registration Board?” It further instructs that, to register to vote, “[y]ou must be a U.S. citizen, SC resident and meet requirements to register to vote.” Customers are then given an opportunity to check a box to indicate “Yes, I wish to register to vote.”
In most cases, if someone checks “Yes” on this form, they are then prompted to attest to their voter qualifications with an electronic signature, and their information is transferred to the State Election Commission for voter registration. But in the case of 17-year-olds who should have qualified under the South Carolina Constitution, the SCDMV has been failing to provide the electronic signature form and to transmit the information to the SEC.
Because the SCDMV has been systematically failing to register 17-year-olds for at least 22 years, the total number of potential voters who were denied the chance to register in accordance with the NVRA is not yet known. For now, the ACLU-SC and ACLU are committed to making sure that young voters are properly notified and given a chance to vote in the November election.
Legal Documents
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10/24/2024
Governor Response to TRO -
10/24/2024
Governor Motion to Intervene -
10/24/2024
House Speaker Motion to Dismiss -
10/24/2024
House Speaker Motion to Intervene -
10/24/2024
South Carolina Republican Party Answer and Motion to Dismiss -
10/24/2024
South Carolina Republican Party Motion to Intervene -
10/24/2024
Senate President Motion to Dismiss -
10/23/2024
Senate President Motion to Intervene -
10/22/2024
Motion for Temporary Restraining Order or Preliminary Injunction -
10/22/2024
Complaint for Declaratory and Injunctive Relief
Date Filed: 10/24/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/24/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/24/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/24/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/23/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/22/2024
Affiliate: South Carolina
Download DocumentDate Filed: 10/22/2024
Affiliate: South Carolina
Download DocumentPress Releases
ACLU-SC and ACLU Sue South Carolina DMV, Election Commission Over Denial of Voter Registration Opportunities to Thousands of 17-year-olds