Description:
In September 2016, three Furman students filed this lawsuit as a result of a discriminatory voting policy in Greenville County. For reasons unknown, the County Board of Voter Registrations and Elections required any individual with a listed address at an educational institution to complete an additional form comprising eleven additional questions when attempting to register to vote. Applicants were given ten days to complete this questionnaire, after which applications would be automatically rejected. Questionnaires with incomplete or unsatisfactory answers were also rejected, though the method of evaluation was unclear.
Why this case?
This additional requirement to register to vote for students is considered voting discrimination and is illegal under both South Carolina election law, and the State Constitution. South Carolina election law establishes a uniform system of voter registration for every applicant. It also dictates that any rejection of a voter registration application must be on a form provided by the State Board of Elections. Rejecting any potential voter on the basis of an additional form not sanctioned by the State Board of Elections breaks this law. Additionally, imposing additional burdens on students with an educational institution as their listed address violates the State Constitution. This Greenville County policy violates the Equal Protection Provision as it requires these individuals, singled out and treated differently as a “suspect class,” to complete additional requirements to access a guaranteed right under the law.
The timeliness of this policy also added to the urgency of the lawsuit. This additional barrier for students in Greenville County impeded their ability to register to vote in local, state, and national elections, including the 2016 presidential election. Therefore, the ACLU-SC filed for preliminary relief from this policy to ensure that it would not unjustly prevent students from registering, and voting, in this crucial election period.
The latest
In October 2016, a judge granted the request for temporary injunctive relief, meaning that the County of Greenville was required to immediately cease the requirement of the additional voter form for students. As a result, the barrier for students attempting to register for and vote in the 2016 presidential election was removed, a key concern contributing to the urgency of the suit.
The Greenville County Board of Voter Registration and Elections unanimously voted to discontinue use of questionnaires for determining residency in October 2016, leading to the case’s dismissal.
