Could a South Carolina voter choose the Democratic presidential primary and a Republican in the general election?

Plain-English summary

A South Carolina senator asked whether voting in the Democratic presidential primary prevented a voter from choosing a Republican candidate in the general election. The AG concluded it did not. The state provision it examined barred participation in more than one party’s primary for the same general election, but did not restrict how a voter cast a general election ballot.

The opinion also said it found no other election statute that prohibited the described general election choice. Its answer addressed primary participation followed by a general election vote, a different question from voting in two primaries.

Currency note

This opinion was issued in 2007. 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: Could a Democratic presidential primary voter vote Republican in November? A: The AG said the cited primary election restriction did not bar a Republican vote in the later general election.

Q: What did the primary election oath restrict?
A: The opinion read it as prohibiting participation in more than one party primary when both were for the same general election.

Q: Did the AG find another statute restricting the later general election vote? A: No. It said it found no other election provision barring the choice described.

Background and statutory framework

The opinion interpreted the primary voter oath and the heading of the statutory article in which it appeared. It separated rules for primary participation from voting in a general election.

Citations and references

The opinion discussed Section 7-13-1010 and cited McInnis v. McInnis.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-18-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/scott-r-7-18-07-os-8428-voting-presidential-primaries-general-election.pdf

Original opinion text

July 18, 2007

The Honorable Randy Scott
Member, South Carolina Senate
107 Cleveland Street
Summerville, South Carolina 29483
Dear Senator Scott:
In your recent letter to Attorney General Henry McMaster you requested an opinion on the following: “If an individual votes in the presidential primaries as a Democrat, can the same individual vote Republican in the general election?” Section 7-13-1010 of the South Carolina Code (1976) requires voters to take the following oath when voting in primary elections: I do solemnly swear or affirm that I am duly qualified to vote at this primary election and that I have not voted before at this primary election or in any other party’s primary election or officially participated in the nominating convention for any vacancy for which this primary is being held. (emphasis added). As we concluded in past opinions, this statute prohibits a voter from voting in more than one party’s primary election if both primaries are for the same general election. Ops. S.C. Atty. Gen., August 27, 1984; June 6, 1980. Section 7-13-1010 is located under article 9 of chapter 13 of title 7. Article 9 is entitled “Voting Provisions Applicable to Primary Elections Only.” Thus, just as this title suggests, we believe section 7-13-1010 only pertains to primary elections.” McInnis v. McInnis, 348 S.C. 585, 592, 560 S.E.2d 632, 636 (Ct. App. 2002) (“Although the title and headings of a statute may not be construed to limit the plain language of a statute, they may be used to shed light on an ambiguous word or phrase.”). Accordingly, we do not believe this provision prohibits a voter who votes in a presidential primary as a Democrat from voting for a Republican candidate in the

The Honorable Randy Scott
Page 2
July 18, 2007
general election. Furthermore, we do not find any other provision contained in the statutes governing elections that would prohibit a voter from subsequently voting in a general election for a Republican candidate if that individual previously voted in a Democratic presidential primary. Very truly yours, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Cydney M. Milling
Assistant Attorney General