Dear Friend,
It was a busy April at the ACLU of South Carolina. We are as grateful as ever for your ongoing support. Below is an update on the work you made possible over the last month. As always, please reach out if you have questions or want to have a dialogue about these updates.
Save the Date
Supporter Briefing – Access to the Ballot in South Carolina: On Monday, May 24 at 6:30pm, hear directly from Executive Director Frank Knaack and outgoing Legal Director Susan Dunn on our work around ballot access in South Carolina. In this supporter-exclusive virtual event, attendees will learn about our litigation leading up to Election Day, our Legal Observer program which increased integrity at the polls, and our work to ensure that every vote was counted. Attendees will also learn about proposed legislation around ballot access and our upcoming work around redistricting. The session will close with a question-and-answer session. A link will be circulated soon for you to register for this virtual event.
At the Legislature
Attacking Transgender Youth: Since January, state legislators have made five attempts to pass legislation aimed squarely at limiting the rights of transgender youth. This week, the State Senate considered a sixth attempt: S.531 to prohibit transgender students from participating in school sports. Together with our coalition partners, we’ve successfully stopped every anti-trans legislation this session.
Granting Unchecked Legal Immunity for Religious Groups: Last month, we shared that the South Carolina House passed H.3105, legislation that would provide religious organizations a complete exemption from complying with any law whenever it claims to be engaged in religious activity. The bill awaits consideration in the South Carolina Senate, and we are pleased that it has not advanced since last month’s update. We continue to urge State Senators to oppose this legislation. Read more about this unconstitutional legislation here.
Resurrecting the Electric Chair: After previously passing the State Senate, S. 200 also passed out of State House. The bill will now go back to the State Senate where it will undergo considerations of amendments from the House. This bill would make the electric chair the state’s default method of execution and add the firing squad as another method of execution. The death penalty is racist, arbitrary, and error-prone, and should be abolished – not expanded. Read more about this dangerous bill here and take action here.
Reforming Draconian Sentencing for Drug Offenses: Last week, after years of advocacy, the South Carolina House passed H.3623, which would eliminate mandatory minimum sentences for drug offenses, reduce non-parole-eligible sentences and increase the drug amounts necessary for charges. Our current system of carceral solutions for drug abuse destroys lives and communities and has contributed to the explosive growth of both jail and prison populations in America. This bill does not go far enough in addressing the serious problems plaguing our prisons but is a laudable start that will benefit all South Carolinians. Read our op-ed on this bill here.
This is a small subset of all the legislation we are engaging with this session. Read more about our priorities, read fact sheets on specific issues, and take action here.
In the Courts
Governor McMaster’s Return to In-Person Order: In March, Governor McMaster issued an order to state agencies to “immediately expedite” non-essential state employees’ return to in-person work. Amid an ongoing pandemic, this order overruled existing protocols for employees to seek reasonable accommodations for a qualified disability, health conditions of the employee or employee’s family member, or because of caregiving responsibilities. We were victorious in securing a clarification from the Governor that state agencies and institutions can permit new remote work agreements. In fact, the College of Charleston approved our lead plaintiff’s request for temporary telecommuting accommodation.
We are encouraging non-essential state employees who requested reasonable accommodations to work remotely and were denied to renew their request, given this shift from the Governor. State agencies that do not provide reasonable accommodations to their employees are left open to legal action. Employees whose reasonable requests are not granted can reach out to us directly or can file a complaint with the South Carolina Human Affairs Commission. We’ve created this fact sheet for state employees and are creating materials for employees to directly engage with agencies for ways to provide accommodations they need.
Ending Ballot Curing: In South Carolina, county election officials may reject ballots when they determine that the signature on the back of the absentee ballot does not match other signatures on record for that voter. Additionally, voters were not required to be notified when this happened, and many ballots completed by properly registered voters were rejected without notice to the voter nor any opportunity to cure any technical defect.
In October, we filed litigation and secured a preliminary injunction ordering all counties to refrain from rejecting ballots for signature matching issues for the November election. In April, we reached a resolution with the State which made this elimination of signature matching a permanent change for all future elections. Much work remains to expand access to the ballot in South Carolina, but we are proud of this victory which helps ensure that every vote counts.
In the Community
Legal Observer Program: Last month, a white police officer was held accountable for killing a Black man for the first time in Minnesota state history. While the verdict is a small win for police accountability, the systems that allowed George to be murdered remain fully intact. True justice would mean George Floyd was never killed in the first place. As a movement against police violence and for racial justice grows across South Carolina, we have witnessed increased efforts by law enforcement to curb the fundamental right to protest. In response, we have expanded our legal observer program across the state to better ensure that the right to protest is respected and protected by law enforcement.
In the News
Return to In-Person Work:
- South Carolina Back-to-Office Order Draws Suit Over Equality (Bloomberg News)
- ACLU of SC sues Gov. McMaster for ordering state employees to return to offices (The State)
- ACLU Sues McMaster for Ordering State Workers’ Office Return (U.S. News)
- SC governor’s in-person work order leaves CofC staff with just weeks to find child care (Post and Courier)
- Woman suing Governor McMaster over back to work directive speaks out (ABC Columbia)
Death Penalty:
- SC on verge of passing electric chair, firing squad bill to restart executions (The State)
- Under proposal, South Carolina could resume executions using firing squads, electric chair (7 News WSPA)
- S. Carolina lawmakers keep firing squad as option in bill (Associated Press)
Voting Rights:
Prison Conditions:
- Contraband cellphone jamming to be introduced soon to Congress (ABC News 4)
- COVID-19 vaccinations underway for people held in SC jails and prisons (Post and Courier)
Reimagining Public Safety:
Thank You
This work, and all the other work of the ACLU of South Carolina, is made possible by people like you. Please feel free to reach out to me through email if you have questions, comments, or want to have a conversation about our work. Thank you for supporting the ACLU.
In solidarity,
Nick
