Sen. Shane Massey says State Election Commission letters invited lawsuits.

In a letter to the Chronicle, Sen. Massey said that before last year’s primary, SEC Director Marci Adano asked in a letter to lawmakers asking them to:

• End witness signatures on absentee ballots.

• Allow all votes by mail.

• Mail ballots to all registered voters and allow their return at drop boxes.

Massey said witness signatures deter fraud and help fraud investigations.

Massey said her letter was used to sue the state 5 times in federal court and once in a state court. Activists wanted signatures dropped.

He said election commissioners opposed signatures and put up a tepid defense.

After the court struck witness signatures, the commission failed to appeal.

Massey said in another lawsuit, requiring absentee voters to pay for stamps on return envelopes was the equivalent of a poll tax.

After receiving the governor’s approval, the commission agreed to provide postage-paid envelopes.

In July 2020, the commission director wrote a 2nd letter to lawmakers again recommending they remove the witness requirement, allow drop boxes and establish a vote-by-mail program.

That letter was used as the basis for a lawsuit filed in state court, Massey said.

The plaintiffs asked the court to eliminate the witness requirement for November’s general election.

When the federal district court again struck the witness requirement, President Harvey Peeler and Speaker Jay Lucas appealed and the US Supreme Court upheld the witness requirement.

Massey’s letter said state law allows the governor to appoint and supervise all 5 commissioners. The commission selects the director.

There is no other check.

He said that despite last year’s actions, McMaster has made no changes.

The Senate has passed a bill to require its advice and consent for all commission appointments and the executive director.

McMaster called the Senate’s action a “power grab.”

Requiring advice and consent merely treats the commission and its director like other agencies, Massey said. He called this an important part of checks and balances.

“South Carolina’s election laws are strong. But those charged with enforcing and defending our laws have been weak,” he said. “That’s the problem we have to fix.”

Read the senator’s letter on page A9.