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Senator asks time to rewrite citizenship-proof voting bill; advocates and ACLU warn of barriers
Summary
A subcommittee heard bill 01/28, which would require proof of U.S. citizenship to vote, but the sponsor asked to carry it over to allow constitutional-safe drafting; the League of Women Voters and the ACLU raised concerns about burdens on elderly, disabled and name-change voters.
Senator Johnson asked the subcommittee to carry over bill 01/28 — a proposal that would require proof of U.S. citizenship to vote — so he can draft amendments he says will avoid recent federal court trouble.
Miss Benson, a staff member who summarized the bill to the committee, said 01/28 would list acceptable documents for proving citizenship and would require the attorney general's office to report to the General Assembly and governor when voters do not show proof.
"When I originally created this bill ... my goal ... I tried to review similar laws in other states," Senator Johnson said, noting he modeled language on laws in states including Alabama and Kansas and that the Ninth Circuit struck down the Arizona law he originally mirrored. "I've spent a considerable amount of time going back working on an amendment ... I believe it's in the best interest of this legislation for us to take a pause ... and better craft a bill."
Public commenters urged caution. A League of Women Voters representative told the committee that "DHS says Real ID does not prove citizenship" and noted South Carolina's DMV may issue temporary licenses to noncitizens. Courtney Thomas of the ACLU of South Carolina said the organization "does not support anything that would make voting more difficult," and described a disabled relative who might struggle to produce the listed documents.
Committee members pressed for data about the number of voters who could be affected; Miss Benson and Senator Johnson said exact figures were not available in committee but described the common approach of "grandfathering" existing registrants while applying proof requirements to new registrants. Johnson said acceptable proofs could include passports and birth certificates and that his amendment lists about a dozen options.
Senators also discussed safeguards to avoid unintended disenfranchisement — particularly for elderly or disabled voters and people who changed names through marriage — and several members said they wanted more time to review a revised draft. Senator Kershaw moved to carry the bill over so the sponsor can circulate amendments; the chair indicated the committee would do so.
The subcommittee did not vote on 01/28 and took no final action other than agreeing to allow the sponsor time to amend the measure.
