South Carolina

Congressional & Legislative

Primary Authority: Congressional and legislative maps are enacted by the South Carolina General Assembly, subject to the Governor’s veto. The General Assembly can override a veto with a 2/3 vote in each chamber. No party currently has a veto-proof majority in either chamber. [S.C. Const. art. III, §§ 3 – 6]

If a bill is presented to the governor during or after session, the governor has 5 days to sign or veto it; otherwise, it becomes law without signature. Sundays are excluded from these calculations.

Mapping Timeline: Not specified.

Redistricting Criteria: Not specified.

Map Challenges: Not specified.

Ballot Measure & Referendum Processes

Types of Measures: Only the South Carolina General Assembly can refer amendments to the ballot. There is no initiative or referendum process. [S.C. Const. art. XVI]

Previous Redistricting Cycles

2010

• Congressional
  • Original Plan – H 3992
    • Passed = July 26, 2011 (R-controlled)
    • Signed = August 1, 2011
    • Preclearance = Granted on October 28, 2011
  • Litigation History
    • Backus v. South Carolina, 857 F.Supp.2d 553 (D.S.C. 2012): Plaintiffs challenged the Legislature’s enacted congressional and legislative plans as violating various federal constitutional and statutory provisions on several grounds, including racial gerrymandering under the 14th Amendment, vote dilution claim under Section 2 of the Voting Rights Act and the 14th Amendment, and the 15th Amendment. On March 9, 2012, the district court ruled in favor of the defendants on all claims and upheld both sets of plans.
      • Aff’d, 133 S.Ct. 156 (2012).
• Legislative
  • Original Plans – H 3991 (House); S 815 (Senate)
    • Passed = June 22, 2011 (R-controlled)
    • Signed = June 28, 2011
    • Preclearance = Granted on October 11, 2011 (House); November 14, 2011 (Senate)
  • Litigation History
    • Backus v. South Carolina, 857 F.Supp.2d 553 (D.S.C. 2012): Plaintiffs challenged the Legislature’s enacted congressional and legislative plans as violating various federal constitutional and statutory provisions on several grounds, including racial gerrymandering under the 14th Amendment, vote dilution claim under Section 2 of the Voting Rights Act and the 14th Amendment, and the 15th Amendment. On March 9, 2012, the district court ruled in favor of the defendants on all claims and upheld both sets of plans.
      • Aff’d, 133 S.Ct. 156 (2012).

2000

• Congressional
  • Original Plan – HB 3003
    • Passed = August 27, 2001 (R-controlled)
    • Vetoed = August 30, 2001 (D-controlled)
  • Federal Court’s Plan
    • Adopted = March 20, 2002
  • Litigation History
    • Colleton Cty. Council v. McConnell, 201 F.Supp.2d 618 (D.S.C. 2002): After the Republican Legislature’s congressional and legislative redistricting plans were vetoed by the state’s Democratic Governor, plaintiffs petitioned a federal court to declare the state’s then-existing districts unconstitutionally malapportioned and to order the implementation of interim plans for the impending 2002 elections. On March 20, 2002, the district court ordered the adoption of its interim congressional plan described in Exhibit C to its opinion for use in the 2002 and future elections.
• Legislative
  • Original Plans – HB 3003
    • Passed = August 27, 2001 (R-controlled)
    • Vetoed = August 30, 2001 (D-controlled)
  • Federal Court’s Plans
    • Adopted = March 20, 2002
  • Legislature’s Revised Plans – S 591
    • Passed = May 28, 2003 (R-controlled)
    • Signed = June 2, 2003
    • Preclearance = Granted
  • Litigation History
    • Colleton Cty. Council v. McConnell, 201 F.Supp.2d 618 (D.S.C. 2002): After the Republican Legislature’s congressional and legislative redistricting plans were vetoed by the state’s Democratic Governor, plaintiffs petitioned a federal court to declare the state’s then-existing districts unconstitutionally malapportioned and to order the implementation of interim plans for the impending 2002 elections. On March 20, 2002, the district court ordered the adoption of its interim state House and state Senate plans, described in Exhibits A and B to its opinion, for use in the 2002 elections.

In The News

• Supreme Court sets October date for oral arguments in SC racial gerrymandering case, Palmetto Politics (7/14/23)
• South Carolina gerrymandering case could further erode the Voting Rights Act, Facing South (5/25/23)
• Clyburn’s Role in South Carolina Redistricting May Be Examined as Supreme Court Hears Racial Gerrymandering Case, ProPublica (5/17/23)
• Justices take up challenge to purported racial gerrymander in South Carolina’s congressional map, SCOTUSblog (5/15/23)
• How Rep. James Clyburn Protected his District At a cost to Black Democrats, ProPublica (5/5/23)
• SC Republicans appeal congressional redistricting case, ask US Supreme Court to review, The Post and Courier (1/28/23)
• South Carolina US House District Ruled Racial Gerrymander, U.S. News (1/6/23)
• Judge Focuses on Changes to Charleston County as Congressional Redistricting Trial Wraps, The State (11/30/22)
• Lawsuit Over SC Congressional Lines Opens in Charleston Courtroom, The Post and Courier (10/3/22)
• SC House Agrees to Adjust Voting Lines in 5 Counties to Settle Lawsuit, The Post and Courier (5/5/22)
• SC Senate Passes Congressional Map that’s Expected to Solidify Republican Advantage, WIS TV (1/20/22)
• South Carolina Lawmakers Redrawing Congressional Voting Lines Ahead of Election, News 19 (1/13/22)
• South Carolina Republicans Want Judge Off Redistricting Case, AP (1/7/22)
• ACLU is Suing South Carolina Over ‘Illegally Gerrymandered’ Redistricting Maps, WBTW (12/24/21)
• SC Legislature Finalizes Voting Lines, Sends Redistricting Bill to Gov. McMaster's Desk, Greenville News (12/9/21)
• South Carolina Senate Takes Another Step Forward on its Redistricting Plan, SC NOW (12/7/21)
• SC Senate Changes Leadership as Redistricting Process Continues, WIS News (12/6/21)
• S. Carolina House Overwhelmingly Approves New District Maps, AP (12/2/21)
• SC Redistricting Plan that Relocates Columbia Seat Advances, Democrats Slam House Proposal, The State (11/29/21)
• SC House to Reconvene in December for Redistricting, WIS News (11/17/21)
• SC House to Release its Redistricting Maps; Senate’s are Out, AP (11/7/21)
• New SC General Assembly will Tackle Redistricting in 2021, WSPA (11/23/20)
• Democrats Hoped for Gains in SC in 2020 but Lost More Ground, AP (11/4/20)