South Carolina Supreme Court Decides ‘All elections shall be free and open’ Doesn’t Mean Partisan Gerrymandering is Unconstitutional



In June, we told you about a South Carolina state supreme court case challenging the state constitutionality of partisan gerrymandering. The court ruled September 17th that manipulating voting districts for partisan power does NOT violate the state’s constitution. 

At the heart of the case is this constitutional provision:

“All elections shall be free and open, and every inhabitant of this State possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.” 

In a U.S. Supreme Court case over the same voting districts. Alexander vs. South Carolina NAACP, state legislators repeatedly said they gerrymandered for partisan, not racial, reasons when they moved 30,000 mostly Black voters into Congressional District 2, leaving adjacent districts more White and conservative. The League of Women Voters and ACLU sued in state court, trying to turn those admissions of partisan gerrymandering against the legislature. 

Not only did the state’s high court unanimously find that the gerrymandering of Congressional District 2 wasn’t a violation of the state constitution, it slammed the door on future partisan gerrymandering cases.  The majority wrote, “Therefore, we hold partisan gerrymandering claims present a nonjusticiable political question in South Carolina.”   

The League of Women Voters said the state judiciary had “failed to protect the foundations of representative democracy.” 

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – Is Partisan Gerrymandering Unconstitutional Under South Carolina’s Constitution?  A Pro-Voter Challenge Takes the Legislature to Task.
South Carolina Supreme Court – Opinion in League of Women Voters v. Alexander
South Carolina Daily Gazette – SC Supreme Court upholds voting map, throws out partisan gerrymandering claim
League of Women Voters – South Carolina Supreme Court Green-lights Partisan Gerrymandered Maps 
Independent Voters News – South Carolina Justices Say Politicians Can Keep Picking Their Voters

Groups Taking Action:

League of Women Voters SC, ACLU SC

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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