John Crangle: This week in the State House

The SC Progressive Network has instituted a weekly briefing with our new government relations director, John Crangle. (Read about our good fortune in The State.)

The conference calls are open to members interested in keeping up with bills we are tracking in the State House. The calls are every Friday at 5:30pm, and last about a half-hour. To participate, send email to network@scpronet.com, and you will be sent the call-in number and code.

Friday’s call included discussion of these four items, summarized here by Network staff.

1. Legislators Water Down Money Laundering Law
Calling it “one of the more ludicrous events in the past week,” Crangle unpacked a story that involves House Judiciary subcommittee members realizing at the last minute that they were about to pass regulations to a statute that would criminalize legislators taking kickbacks – like those currently being investigated in association with Richard Quinn and Associates (RQA).

The money laundering law originally passed in 2016 with the intended purpose of criminalizing “illegally sourced money,” which the legislators took took to mean money from prostitution and drugs. When the legislature creates a law, the state agency charged with implementing it comes up with regulations to enforce it. In this case, it was Attorney General Alan Wilson’s job to submit the regs to the legislature for approval, but the AG’s office never got around to writing them. Crangle suggested the AG may have been distracted by the fact that he, his father, the former AG and current governor Henry McMaster all have given tons of money to RQA. Furthermore, Wilson appointed the special prosecutor that is digging into kickbacks from RQA to legislators and state agencies.

Rep. Alan Clemmons (R-Myrtle Beach), concerned about prostitutes and drugs on the Grand Strand, proposed an amendment to speed implementation of the money laundering law – before the regulations were written to implement the law. Clemmons’ amendment was on the agenda at the subcommittee meeting when a reporter asked Crangle to comment on the amendment. After Crangle told her that the money laundering bill could apply to legislators taking kickbacks from their consultants, she began asking the subcommittee members if the law could be applied in the current campaign finance scandal. Crangle said legislators were running around like the Keystone Kops when they realized they were about to pass a law to criminalize the redirection of campaign donations into the pockets of their Republican colleagues. Clemmons pulled his amendment, apparently to ensure the new law prevents legislators from being defined as prostitutes.

See story in The State.

2. Independent Redistricting Commission (H-3339: Funderburk, Cobb-Hunter)
This would establish an independent body of seven non-legislators to draw new political districts. The current 170 legislative districts and seven congressional districts have been drawn by the majority party of the legislature, and have resulted in the nation’s least competitive elections. The current districts established a majority-white, Republican rule that insures that Republicans will draw the new districts in 2020. It’s a good guess that the Republicans will not draw competitive districts that would require them to address the concerns of all the people in their districts. Our politically gerrymandered districts result in 78 percent of South Carolinians having only one candidate to chose from in general elections. The current situation allows the majority party to chose who votes for them, rather than giving the citizens a choice.

The chances of the bill passing are slim to none. But the Network is using the bill to help people understand the true gravity of our broken democracy. The Network’s spring conference on April 15 will focus on this problem. (As they become available, details will be posted on our web calendar and Facebook event page.)

3. Special Election Restitution Act (S-533)
New state senator, Progressive Legislative Caucus ally, and longtime Network member Mike Fanning introduced this bill less than a month after taking office. It requires elected officials who are removed from office due to a criminal conviction to pay the cost of the special election to replace them. The bill has gotten national attention, as it appears that no state has such a provision. Crangle got the idea for the bill after state Treasurer Thomas Ravenel was busted for cocaine and a special session of the legislature was called to replace him. Crangle convinced federal Judge Joe Anderson to add $28,000 to Ravenel’s sentence to cover the session’s costs. Crangle has lined up Judge Anderson to testify in favor of the bill. The only opposition to this reasonable bill will be legislators fearing indictment or planning a criminal enterprise.

4. Dark Money Bill
This was introduced by Sen. Hugh Leatherman this year after he was targeted by the deep-pocketed political action committees of the Koch Brothers. The Kochs dumped money into primary campaigns of Tea Party candidates to oppose Republicans who supported increasing SC’s gas tax. Since the Supreme Court ruled in 2012 that corporations have free speech rights and SC doesn’t require disclosure of donations to independent advocacy organizations, liberals are being swamped by right-wing money. In a turn of the screw, Koch front groups like Americans for Prosperity and the Club for Growth have been targeting Republicans who dare to suggest a tax increase of any kind. Leatherman, arguably the most powerful politician in SC, was in a tight race against a dark-money fueled opponent. Sens. Wes Hayes and Larry Martin both lost their seats to dark-money candidates because they dared to support a gas tax.

It was bizarre theater at the hearing. The cast of characters included Koch-supported veteran organizations, Tea Party representatives, and anti-choice activists who testified that their supporters would be afraid to donate to their organizations if their names were disclosed.

It was a good day for SC voters

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History was made yesterday in the SC House Judiciary Election and Ethics Laws Subcommittee when Chairman Alan Clemmons approved two bills that the SC Progressive Network supported in hearings. These bills, which will make voting more transparent and accountable, are the first Network-promoted bills in 10 years to clear Rep. Clemmons’ committee. (He was the primary sponsor of the photo ID bill that the Network fought for several years.)

The first bill, H-3198, sponsored by Richland Rep. James Smith (D), will put the State Election Commission in charge of elections. The current voting system gives each of the 46 county Election Boards independence from centralized control. The system was designed by the state constitution of 1895 to disenfranchise black citizens by allowing the senator from each county to appoint the board. This was following a decade when the SC House was the only legislative body in the nation that was majority-black.

Rep. Clemmons signed onto the bill, stating that a centralized authority would make for more professional and consistent management of elections.

For years, the Network has advocated giving the State Election Commission authority over the county boards. “The SEC can only advise the county boards, and they often have different interpretations of the laws,” said Network director Brett Bursey. “It’s difficult to explain to people that no one is in charge of elections in South Carolina.”

The second bill, H-4364, was drafted by Bursey and introduced by Rep. Gilda Cobb-Hunter. He referred to the bill as a “State Section 5 Registry,” filed after the US Supreme Court struck down Section 5 of the federal Voting Rights Act that required states with a history of racial discrimination to “prefile” changes to voting procedures to insure that they did not negatively affect minority voters.

“With the loss of the federal Section 5 registry,” Bursey testified, “there is no public notice of voting changes.” Clemmons agreed with Bursey that citizens deserve to be notified of changes to election laws, and approved H-4364’s requirement that all changes will be reported to the SEC and posted on the its web site.

“This won’t keep bad things from happening,” Bursey said, “but at least voters and advocacy groups will be given notice before they take effect.”

Both bills have rare bipartisan support and a chance of becoming law.vote_clipart

Vote suppression is the real voting fraud

By Brett Bursey
Director, SC Progressive Network

When I saw Rep. Alan Clemmons’ guest column in The State, “Voting problems continue to haunt us” (July 21), I was hoping he’d explain his part in peddling the myth of dead people voting in South Carolina, and apologize to the people he misled. He did neither.

Instead, he again claimed an “undeniable presence of election fraud in South Carolina,” and took a cheap shot at the S.C. Progressive Network to make his point. He referenced an instance years ago when bogus forms were turned in by someone the network hired to do voter registration in Florence County. I caught the fraud myself and called SLED and the County Election Board the day the forms were submitted.

No fraudulent votes were cast. I testified against the perpetrator, and he went to jail. The system worked.

Clemmons’ column goes on to call the photo ID law he championed “a good first step” and said, “Now, to cast a ballot, you are required to prove who your are and that you are eligible to vote in that election.”

The truth is that Clemmons’ bill was interpreted — essentially rewritten — by the federal appeals court, which ruled that “South Carolina’s new law … does not require a photo ID to vote.” The state spent $3.5 million on private attorneys to defend a law against a problem that doesn’t exist — and lost.

While unable to cite a single case of in-person voter impersonation, Clemmons told the U.S. Department of Justice that “voter fraud in South Carolina is an unspoken truth.” Still today, he conflates absentee ballot and voter registration fraud, neither of which requires a photo ID, with in-person fraud at the polls, of which there is no evidence.

In the nine years Clemmons has chaired the House’s Election Laws Subcommittee, he has killed every bill the network’s legislative members have sponsored to broaden voter participation. He nixed our proposals to establish early voting centers and high school voter registration programs, to reduce the influence of money in elections, to re-enfranchise felons and to adopt voter-verified paper ballots.

Rather than working to make voting more accessible and inclusive, Clemmons has said voting should not be easy.

We do agree on one thing: South Carolina’s election system is dysfunctional. It was established by the 1895 state constitution, which reversed the democratic aspects of the 1868 constitution that empowered black citizens. It delegated authority to 46 county election boards, appointed by local legislators, with no centralized control.

County election boards interpret and enforce election laws differently, and are not accountable to the State Election Commission.

Clemmons proposes to fix the problem by putting the State Election Commission under the partisan office of secretary of state. But in Florida and Ohio, where they run elections, secretaries of state have been accused of disenfranchising thousands of voters.

More partisan control in a state already crippled by it would be a mistake. A better answer would be to empower our independent, nonpartisan State Election Commission to run elections.

The truth is, our democracy is not threatened by voter fraud but by legislators who have rigged the system. Around 10 percent of eligible voters are choosing our Legislature.

If Clemmons was truly concerned about the “sanctity” of our electoral system, he would address the fact that the S.C. Legislature has the least-competitive elections in the nation, with 80 percent of lawmakers elected with no general-election opposition.

Clemmons, for example, got 99.12 percent of the vote in 2012, when he was the only candidate on the ballot. He was swept into office by 6.1 percent of voters in his district.

The Network believes we can do better. We will continue to fight to make our democracy more representative, and invite anyone who shares our goal to join us. Call us at 803-808-3384, email us at network@scpronet.com, or find us Facebook or Twitter.