South Carolina

Overview

South Carolina Redistricting Process

Congressional and Legislative

Congressional and legislative maps are enacted by the State Legislature. The Governor can veto the plans.

The Legislature can override a veto with a two-thirds vote. No party currently has a veto-proof majority in either chamber.

Source: S.C. Const. art. III, § 4.


Previous Redistricting Cycles

2010

  • Congressional
    • Original PlanH 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.
  • Legislative
    • Original PlansH 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.

2000

  • Congressional
    • Original PlanHB 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 PlansHB 3003
      • Passed = August 27, 2001 (R-controlled)
      • Vetoed = August 30, 2001 (D-controlled)
    • Federal Court’s Plans
      • Adopted = March 20, 2002
    • Legislature’s Revised PlansS 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.

Ballot Measure Process

Kinds of Ballot Measures
Only the South Carolina Legislature may refer amendments to the ballot. There is no initiative or referendum process.

Source: S.C. Const. art. XVI.


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