South Carolina’s election laws are strong.

That was evident in 2020 with a record turnout and confidence in the results.

Major issues that must be addressed:

• SC Election Commission Chairman John Wells and his 4 commissioners failed to defend our election laws.

• Gov. Henry McMaster refused to hold the commission accountable.

Last year our election laws were challenged 6 times in federal and state courts.

One lawsuit alleged some counties were improperly verifying absentee ballot signatures and not addressing discrepancies.

IN RESPONSE, the House of Representatives passed legislation to give the State Election Commission complete and absolute power to ensure election law enforcement.

The problem is that the election commission fails to enforce the law.

State law already requires commission director Marci Adano to communicate with county offices, supervise conduct and ensure they comply with the law. If they refuse, the commission can revoke their credentials and recommend firing them.

State law combats ballot harvesting and it’s why we do not allow drop boxes. Witness signatures on absentee ballots deters fraud and helps investigate fraud claims.

THE DIRECTOR knew some counties used drop boxes and did not stop them.

In March 2020, 6 weeks before statewide primaries, she recommended legislators:

• Remove required witness signatures.

• Allow all voters to vote by mail.

• Mail ballots to all registered voters.

• Allow voters to use drop boxes.

That letter was used in federal court.

The plaintiffs asked the court to eliminate that requirement for last year’s primaries.

The Election Commission put up a tepid defense. When the court struck the requirement, the commission did not appeal and absentee voters were not required to have witness signatures for the 2020 primaries.

IN ANOTHER suit, plaintiffs claimed that requiring voters to put a stamp on return envelopes was the equivalent of a poll tax.

With McMaster’s approval, the commission provided postage-paid envelopes.

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

How did the commissioners and director get their jobs? Who supervises them?

Current law allows the governor to appoint and supervise all 5 commissioners.

The commission selects the director.

There is no other check.

WHEN THE SENATE passed a bill requiring Senate advice and consent for commission appointments and the executive director, McMaster called it a “power grab.”

Requiring advice and consent treats the commission and its director like nearly every state agency, an important part of the system of checks and balances. It’s important when the governor is disengaged.

South Carolina’s election laws are strong. But those charged with enforcing and defending our laws have been weak.

That’s the problem we have to fix.

Republican Majority Leader Shane Massey represents western Lexington County in the SC Senate.