Fear of COVID-19 isn’t a reason to vote by mail now, but SC officials want guidance
State elections officials want to know whether voters can request an absentee ballot because of the ongoing coronavirus pandemic.
It’s a question they have asked the S.C. Attorney General’s Office to answer.
In an April 13 letter, the South Carolina State Election Commission sought the opinion on whether voters worried about catching the coronavirus, who prefer not to vote in person in order to limit possible exposure to the virus, are allowed to ask for an absentee ballot. The state also is facing two lawsuits attempting to settle the question.
Registered S.C. voters may request absentee ballots if they work in a county other than where they live and vote, or if they are sick, disabled or in the hospital; tending to someone who is sick or disabled; going to be on vacation on the day of the election; or over the age of 65, among other reasons.
State law does “not expressly address voters who may not be sick or confirmed as having COVID-19, but must still risk exposure by physically attending a polling place on election day,” Elections Commission Executive Director Marci Andino wrote to the Attorney General Alan Wilson.
The letter goes on to say, “we are wondering whether voters staying home due to the pandemic qualify for absentee voting.”
Both the Democratic Congressional Campaign Committee and the S.C. American Civil Liberties Union have sued the state in an effort to expand absentee voting for the June 9 primary and November General Election. The SC ACLU plans to ask for an expedited hearing on its lawsuit.
Because of the pending lawsuits, the Attorney General’s Office ultimately may not give its opinion on the question about COVID-19 and absentee ballots.
“We typically don’t issue an opinion with pending litigation,” Attorney General spokesman Robert Kittle said in an email to the State newspaper. “Since our opinions are how we think a court might rule, if a case is already in court then there’s no reason for us to give an opinion because an actual court ruling will be coming soon.”
When asked whether being afraid of catching the coronavirus should be a reason people can receive an absentee ballot, Gov. Henry McMaster last week said he thinks “we have to see what the law says.”
“The law has a lot of reasons to ask for an absentee ballot,” McMaster said. “It’s very flexible, it’s very broad. There are a lot of reasons to do that. If people are concerned, they should get the information that the law provides. If it’s not adequate, then we can try to address it. We’re encouraging people to use those absentee ballots if they can, or if they prefer to go in and vote, do, but be sure to practice that social distancing.”
As of Monday, the ongoing COVID-19 crisis has led to more than 5,600 people in South Carolina testing positive for the disease, which can cause sometimes severe respiratory issues. People older than 65 with underlying health conditions — such as lung disease, heart issues and diabetes — have a greater chance of developing complications with the disease.
There are measures being taken to help protect people at the polls for the June 9 primary, including masks and gloves for poll workers and disposable cotton swabs to be used on the touch screens, said Elections Commission spokesman Chris Whitmire.
Check-in stations and voting equipment at polling stations also will be spaced at least six feet apart in compliance with social distancing requirements.
The Election Commission said it expects some polling places to be relocated and consolidated because of the pandemic. There have been facilities that have declined to be polling places and some poll workers who have declined to serve. Election officials are working to find new locations and recruit new managers, according to the Election Commission.
If voters have masks, they will be asked to wear them at the polls, and those who qualify for an absentee ballot are being encouraged to apply for one, Whitmire said.
The deadline to request an absentee ballot for the primary elections is June 5; however, Whitmire suggested voters make the request at least a week ahead of the election to ensure there is enough time for a ballot to arrive in the mail.
The deadline to register by mail to vote in the June primary is May 11. The deadline is May 8 to register in person, and May 10 to register online, via fax or email.
Reporter Emma Dumain contributed to this article.
This story was originally published April 27, 2020 at 12:56 PM.
