Coronavirus

No plan in place, lawmakers urged to protect SC elections as coronavirus spreads

As the number of coronavirus cases continue to increase in South Carolina, the state’s top elections official has asked lawmakers to weigh in on how best to conduct the June statewide primary and possibly the November general election.

State Election Commission Director Marci Andino has asked lawmakers to decide what steps need to be taken to protect the upcoming elections as the coronavirus spreads.

“(W)e respectfully ask that any actions under consideration be made as soon as possible so election officials have as much time as possible to ensure South Carolina is ready for this year’s elections,” Andino wrote Monday in a letter addressed to S.C. Gov. Henry McMaster and legislative leaders.

Andino recommended several steps state lawmakers could take to make South Carolina’s elections safer as the coronavirus continues to spread in June and possibly November.

Those options were allowing no-excuse absentee voting, letting voters apply to vote absentee online, remove witness requirements on absentee ballots, allow first responders and voters with disabilities to use electronic ballot tools, expand early voting and create early voting centers and switching to a vote by mail system.

All of the options would require changes to current state law, which would have to be done by the state Legislature.

“In order to safely and securely conduct elections during and following the coronavirus pandemic, we respectfully ask that sincere consideration be given to making emergency changes to our election process,” Andino wrote. “There is no single or easy solution to protecting more than three million voters and election workers during or following a pandemic.”

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But state lawmakers say they have not decided which solution may be best, or if any changes are needed at all. And on top of that, they are not currently meeting in regular session due to concerns about spreading COVID-19.

Legislative leaders informed members they are being called back Wednesday to Columbia to considered bills that would ensure continued funding for state government and allow them to return to work later this year to take up key agenda items that have been postponed.

Senate Majority Leader Rep. Shane Massey, R-Edgefield, said the typically low turnout for a statewide primary usually makes lines rare, meaning there could be less of a chance for the coronavirus to spread at the polls.

“I really don’t know if anything needs to be done,” Massey said. “I don’t think there’s going to be a lot of congregating” at polling places, he said.

Massey said lawmakers have yet to reach a consensus on what needs to be done to protect South Carolina’s elections. A contributing factor to the discussion is that lawmakers don’t know how widespread COVID-19 will be come June.

The Department of Health and Environmental Control’s most recent projections have predicted that by the beginning of May, South Carolina is likely to see more than 8,000 cases of the coronavirus. Projections for June have yet to be released.

And Massey said it’s too soon to discuss potential effects of COVID-19 on the November election.

In the House, conversations about what to do during the upcoming primary and general election have also not drummed up any definitive answers.

“We’ve certainly discussed it, but nobody has any solutions,” said House Minority Leader Todd Rutherford, D-Richland.

House Speaker Jay Lucas’ office could not be immediately reached for comment.

If elections are conducted the same way as they are each year, Rutherford said he is concerned about whether there will be enough poll workers, most of which are in the highest risk category when it comes to the coronavirus. That concern has been echoed by officials with the State Elections Commission.

“Some of these (polling places) are very small rooms that you’re asking people to sit in with a bunch of strangers,” Rutherford said.

The Richland Democrat also voiced concerns about making a drastic change and implementing a new system of voting during a presidential election year.

“This is too major for that and there are no do-overs,” Rutherford said.

“This is uncharted territory,” he added.

And making those changes is expensive.

The Brennan Center for Justice estimated that taking steps against COVID-19 during elections nationwide could cost up to $2 billion. Making sure voters across the country have the option to vote by mail could cost up to $1.4 billion, and the cost of putting precautions in place to allow in-person voting could be about $271.4 million, according to Center for Justice.

Mail in voting is more expensive than having voters hit the ballot box in person, elections officials have said. And other states spent years planning such a drastic change.

Congress allocated $400 million for elections in a $2 trillion coronavirus aid package passed in late March. The cash influx is aimed at allowing states to expand their mail in programs, expand early voting, allow more people to register to vote online and to put more safety measures in place at polling places.

The allocation comes as several states have postponed their presidential primary due to the coronavirus.

More than $6.3 million of the $400 million given by Congress will go to South Carolina, State Election Commission spokesman Chris Whitmire said. To use that money, the state would need to match about 20% of the total, or about $1.3 million using state funds, he added.

In a letter to McMaster, state lawmakers Rep. Beth Bernstein, D-Richland; Sen. Thomas McElveen, D-Sumter; and Rep. Leon Stavrinakis, D-Charleston, called for the funds to be spent on shifting to a vote by mail system before the November election.

“Vote-by-mail is a time tested, reliable way to exercise one’s right to vote especially in times of national emergency,” Bernstein wrote. “It would allow us to mitigate transmission risks by decreasing person-to-person contact and avoiding large gatherings at polling locations.”

The lawmakers also suggested opening up absentee voting to more voters.

“We should not force voters to make the difficult decision of casting their ballot or protecting their health,” Bernstein wrote.

A spokesman for the governor’s office did not answer questions about the State Elections Commission’s recommendations. Instead, he pointed The State to McMaster’s statements during a press conference March 26, when the governor said he saw no reason to postpone the statewide primary.

On April 3, McMaster said as of this time there were no plans to move around the election schedule.

“Everything is on the table,” he said. “I’m confident that arrangements are being made for absentee voting and those sorts of things and to where people can receive whatever materials they need without congregating and those kind of things.”

At least one of the leaders of the state’s major political parties is pushing for lawmakers to address upcoming issues with the election. Democratic Party Chairman Trav Robertson called on lawmakers to come up with a solution or give the governor or the State Election Commission authority to make changes to the elections.

“If they do not take action and our democracy falters, they will have to answer to the voters,” Robertson said.

Officials with the state Republican Party could not immediately be reached.

Editor’s Note: This story has been updated to reflect comments that Gov. Henry McMaster made on April 3.

This story was originally published April 2, 2020 at 2:23 PM.

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Emily Bohatch
The State
Emily Bohatch helps cover South Carolina’s government for The State. She also updates The State’s databases. Her accomplishments include winning multiple awards for her coverage of state government and of South Carolina’s prison system. She has a degree in Journalism from Ohio University’s E. W. Scripps School of Journalism. Support my work with a digital subscription
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