Judge Declines to Fix DMV Error Disenfranchising 11,000 South Carolina Teens

A judge declined to order South Carolina’s Department of Motor Vehicles (DMV) and State Election Commission (SEC) to register thousands of young voters whose registrations were mistakenly denied because they were not yet 18 when they registered but would be by Election Day. These voters will not be allowed to cast a ballot this November.

The Richland County judge called the requested relief “too drastic” and said it would “create disorder in the voting system.”

The court held a hearing Friday after the American Civil Liberties Union (ACLU) of South Carolina filed a lawsuit asking that the voters be registered despite the state’s voter registration deadline having passed. 

South Carolina law allows 17-year-olds who will be 18 by the next election, and otherwise eligible, to register to vote. For the past 13 months, when a 17-year-old applied for a driver’s license or state ID and marked that they would like to register, the DMV’s system did not transmit their voter registration application to the SEC. As a result, approximately 17,000 young voters were not registered to vote despite indicating a desire to do so. These voters were also not notified that their registrations had been rejected.

The DMV has been working to identify the impacted voters. So far, 6,000 were able to register through other means and the names of the remaining 11,000 were sent to the SEC for processing. The SEC has thus far refused to register those 11,000 voters. 

“Although thousands of these individuals were eligible to register to vote, were entitled to easily register through their [DMV] transaction, timely provided state officials with the information necessary to register, and indicated a desire to do so, SEC is unwilling to add them to the voter rolls or otherwise protect their fundamental right to cast a ballot in the 2024 general election,” the complaint read.

The ACLU asked the court to suspend the voter registration deadline, direct the DMV to identify all impacted voters and order the SEC to add those voters to the rolls. They also asked for every impacted voter to be notified of their registration status.

Read the order here.

Last update, Oct. 22

Civil rights advocates are suing the South Carolina Department of Motor Vehicles and the state Election Commission for allegedly preventing thousands of  17-year-olds who will be 18 by Election Day from registering to vote.

The American Civil Liberties Union of South Carolina said Tuesday that over the past year, the DMV has “unlawfully denied voter registration opportunities to over 17,000 young South Carolinians who were entitled to register to vote under” state law. Democracy Docket reached out to the DMV for comment. 

The lawsuit references a statute that says a person who isn’t 18 by the time registration ends but “attains that age before the next ensuing election” and wants to register is “otherwise qualified.” In other words, a South Carolinian can register at 17, before they reach the lawful voting-age, if they will be eligible by the time the election actually happens.

“Therefore, individuals who turn 18 between January 4, 2024 (close of books for the first primary), and November 5, 2024 (Election Day), were eligible to register to vote … starting 120 days before January 4, 2024, which is September 6, 2023,” the complaint said.

The lawsuit alleges the DMV wrongfully denied those 17-year-old registrants, and says South Carolina’s DMV “will not provide, process, or transmit voter registration applications for anyone under the age of 18.” The ACLU also says the people who were rejected weren’t provided with written notification of the rejection, which is required by law. 

The lawsuit says recently the DMV has been working to identify teens who registered between Sept. 5, 2023 and Oct. 14. A list of around 17,000 individuals was sent to the South Carolina Elections Commission (SEC), which determined that roughly 6,000 were able to successfully register to vote by other means. The DMV is now working on reviewing the remaining 11,000 registration forms to determine which individuals tried to register.

But the ACLU is seeking a more efficient solution, according to the lawsuit, and wants the SEC to give all of the affected individuals a chance to register.

“We appreciate SCDMV’s candor and the agency’s willingness to identify the affected voters,” Allen Chaney, legal director of the ACLU of South Carolina, said in a statement. “I am hopeful that the court will order the Election Commission to add these thousands of young, first-time voters to the voter rolls so that they can cast a ballot on Election Day.”

The nonprofit is asking a court to order the DMV to send a list of the impacted teens to the SEC by Thursday, and wants the SEC to notify those individuals and let them know they’re entitled to complete their voter registration application by Friday. This would allow the eligible registrants to be able to vote on Nov. 5.

Democracy Docket reached out to the SEC for comment.

Read the lawsuit here.

Read more about the case here.