Did South Carolina’s AG require a full Social Security number to register to vote?

Plain-English summary

In a January 2020 letter to a federal judge, South Carolina's Attorney General changed the office's longstanding reading of the voter registration statute. Earlier AG advice had treated the law as requiring an applicant's full Social Security number. The 2020 letter said the words “Social Security number” permitted an applicant to submit the last four digits instead.

The AG expressly modified a 1967 opinion and any inconsistent advice. The letter pointed to later federal privacy law, state court guidance on limiting Social Security numbers in filings, and the office's practice of resolving doubt in favor of voting rights. It did not analyze other voter registration requirements.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG's 2020 interpretation require all nine SSN digits?
A: No. It said the last four digits could be submitted for voter registration and replaced the office's earlier contrary advice.

Q: What happened to the 1967 AG opinion?
A: The AG expressly modified that opinion and other advice inconsistent with the last-four-digits interpretation.

Q: Did the letter settle every voter registration requirement?
A: No. It answered the Social Security number question under § 7-5-170 and did not address the remaining eligibility or application rules.

Background and statutory framework

The letter responded to a question about the AG's interpretation of § 7-5-170 that had arisen in litigation. The office contrasted its 1967 full-number advice with later privacy protections and its reading of voting rights, then stated the revised interpretation directly.

Citations and references

• § 7-5-170: voter registration provision interpreted in the letter.

Official title

Interpreting Section 7-5-170 requiring that an individual need only provide the last 4 digits of their social security number in order to register to vote.

Requester

The Honorable J. Michelle Childs, Judge, United States District Court, South Carolina.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-15-2020/
• Original PDF: https://www.scag.gov/wp-content/uploads/2020/01/ChildsJ-OS-10442-FINAL-Opinion-1-15-2020-02187776xD2C78.pdf

Original opinion text

Alan Wilson
Attorney General

January 15, 2020

The Honorable J. Michelle Childs

U.S. District Court Judge
901 Richland Street

Columbia, SC 29201

Dear Judge Childs:

It has come to our attention that a question has arisen regarding the Attorney General's

interpretation of § 7-5-170, requiring that in order to register to vote, a person's Social Security number must be provided. Apparently, this Office has over the years advised the State Election Commission that the voter must provide the entire Social Security number in order to register.

Apparently, that advice originated with at 1967 opinion of former Attorney General McLeod. See Op. S.C. Att'v Gen., 1967WL 11747(September 29, 1967). Such opinion stated:

Accordingly, it is the opinion of this Office that if a person acknowledges that he has a Social Security number he may be required to present that number before being issued a registration certificate. This is for the protection of the voter as well as to insure the purity ofthe elective process. (emphasis added).

While that opinion may have been technically correct, we now deem it necessary to modify it in keeping with the more modem practice of using only the last four digits ofthe SSN. The Complaint in this action alleges that South Carolina is one of only four states that will reject Rembert C. Dennis Building • Post Office Box 11549 • Columbia,SC 29211-1549 • Telephone 803-734-3970 • Facsimile 803-734-3677

The Honorable J. Michelle Childs
Page 2

January 15,2020

voter registration applications that do not contain full SSNs. (Paragraph 25). General McLeod's opinion was issued before federal privacy laws were enacted to protect Social Security numbers.

See Federal Privacy Act of 1974 (Pub. L. 93-79) ["It shall be unlawful for any Federal, State or

local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his Social Security account number.'].

In addition, since the opinion was issued, the South Carolina Supreme Court has issued

its Order "Re Interim Guidance Regarding personal Data Identifiers and Other Sensitive Information In Appellate Court Filings." Such Guidance expressly states that "(i)f a social

security number must be included, only the last four digits of that number shall be used." 375 S.C. 56, 57, 650 S.E.2d 462 (2007).

Finally, ". . . this Office generally resolves all doubt in favor of the right to vote which is a fundamental right." Op. S.C. Att'v Gen.. 2017 WL 1017485 (January 31,2017).

For all these reasons, we modify the 1967 opinion, discussed above, and all other inconsistent advice therewith. We construe § 7-5-170 and the words "Social Security number"

therein as permitting the submission of the last four digits of a person's Social Security number in order to register to vote.

The Honorable J.Michelle Childs
Page 3

January 15,2020

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Robert D.Cook

Solicitor General