SCGOP files lawsuit to limit primary voting to registered Republicans

(WPDE) — The South Carolina Republican Party has filed a federal lawsuit seeking to change who can vote in Republican primary elections, arguing that the state’s open primary system violates the party’s First Amendment rights.

FILE – South Carolina state house (Photo credit: WLOS Staff)

Filed on July 4, 2026, the lawsuit requests the court to acknowledge what the party describes as its constitutional right to limit participation in its nomination process exclusively to Republican voters.

The party contends that allowing non-Republican voters to help select GOP nominees infringes on its freedom of association.

The party argues that allowing voters who are not Republicans to help choose Republican nominees violates its freedom of association.

“South Carolina Republicans are declaring our independence from a system that forces us to allow Democrats to participate in choosing our nominees,” state party Chairman Drew McKissick said.

“It’s a violation of our constitutional right to freedom of association, and it’s time for a change. The simple truth is that you should not be able to choose a party’s nominees without being a member of that party, and that’s what our lawsuit is about.”

South Carolina does not require voters to register by party, and its primaries are open, meaning voters may choose which party’s primary to participate in during an election.

The South Carolina Republican Party said it has worked for years with members of the General Assembly to pass legislation establishing partisan voter registration and closing the state’s primaries, but no such legislation has been enacted.