State, U.S. laws clash over special election to replace Lindsey Graham on ballot

The death of longtime U.S. Sen. Lindsey Graham triggered a special primary election to replace his name on the November general election ballot.

State law clearly dictates when an election should be held following the death of a party nominee. Under the law, candidate filing opens the second Tuesday after the nominee’s death, and the election occurs three weeks later.

The special election for the Republican U.S. Senate nomination is scheduled for August 11.

“We’re going to move forward,” Election Commission executive director Conway Belangia told reporters Wednesday. “We can’t afford to sit back. We don’t have time to say ‘what’s going to happen?’ ”

The state-mandated timeline conflicts with a federal law aimed at ensuring residents in the military or living overseas, known as UOCAVA, can fairly vote in U.S. elections.

Under federal law, states must send absentee ballots to qualified military and overseas voters 45 days before a U.S. election.

It’s impossible for South Carolina to meet that deadline at this point for the scheduled special U.S. Senate Republican primary. The primary to replace Graham in the general election is scheduled 14 days after the deadline for candidates to file, as required under state law.

The state Election Commission was awaiting a response from the U.S. Department of Justice over the discrepancy Wednesday morning. A spokesperson for the Election Commission did not immediately respond to a call requesting an update on the U.S. Department of Justice’s communication.

“We don’t know what we’re asking for,” Belangia said. “All we’re doing is letting them know what we have and what we’re dealing with, and then they’ll take it from there.”

Federal law does allow states to ask for a waiver for the 45-day requirement, but it must be submitted 90 days before the election.

More than 1,000 UOCAVA ballots were issued in the June primary election, according to state Election Commission data. Only a small fraction voted by mail, and a majority vote electronically, Belangia said. About 856,000 voters total participated in the June 9 election, and 465,000 cast a ballot in the Republican U.S. Senate primary.

“We know that the vast majority use electronic, and they will vote that way and get it back to us short order, or they will wait until the day of the election,” Belangia said.

Graham won the Republican nomination for U.S. Senate outright with nearly 57% of the vote in June, beating back five challengers. His sudden death left the Republican Party without a nominee in November until a special election occurs. It’s still unclear who will run for the Republican nomination, though several potential candidates are reportedly considering a run.

The South Carolina senator died Saturday evening from an aortic dissection — a tear in the aorta— due to arteriosclerotic cardiovascular disease, according to a preliminary report from the medical examiner of the District of Columbia.

Who can vote in August primary?

Only eligible voters who didn’t cast a ballot in the Democratic primary in June can vote in the special U.S. Senate primary, the South Carolina Election Commission announced Wednesday.

Those who cast their ballot in a GOP primary election or didn’t vote at all can participate in the August election.

The Election Commission reviewed previous attorney general opinions to decide whether to allow people who chose a Democratic ballot for the June primary to then vote in the Republican special primary, Belangia said.

This is a developing news story and may be updated