Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
26JUL

McKissick and Parmley accept crossover ban

2 min read
10:41UTC

South Carolina barred June Democratic-primary voters from the Republican special primary, and the state's two party chairmen both said they were content with it.

PoliticsDeveloping
Key takeaway

The crossover ban stands because both state party chairmen want it, not because a court approved it.

Drew McKissick, chairman of the South Carolina Republican Party, said his party had been ready to go to court only if the South Carolina State Election Commission had ruled the other way⁠1. The Commission had barred anyone who voted in the June Democratic primary from taking part in the Republican special primary on 11 August, applying a state statute that ties a voter to one party's nominating contest per election cycle. Jay Parmley, executive director of the state Democratic Party, publicly agreed with the exclusion.

That agreement is why the rule has drawn no challenge. A restriction on who may vote is tested in court by someone who objects to it, and in South Carolina the two organisations with the resources and the standing to object have each concluded the rule suits them: the Republicans keep Democratic voters out of a primary that will effectively choose the next senator, and the Democrats keep their own voters from being counted as Republican participants. The Department of Justice put the exclusion outside the scope of its overseas-ballot agreement with the state, so it will not be testing the rule either.

Excluded voters could still sue on their own. Doing so means finding counsel, standing and a court date inside the fortnight before ballots are cast, against a rule both parties defend. In practice, a June vote in one primary now settles whether a South Carolinian has any say in filling Lindsey Graham's seat, and no institution is asking a judge whether that is lawful.

Deep Analysis

In plain English

South Carolina lets anyone vote in either party's primary, because the state does not register voters by political party. When the state election commission barred anyone who had voted in June's Democratic primary from taking part in the special Republican primary, nobody sued, because both the Republican and Democratic state party chairmen were content with the outcome.

Deep Analysis
Root Causes

South Carolina does not register voters by party, so any bar on crossover voting rests on a state agency's interpretation of "the requirements of South Carolina election law" rather than a specific registration record.

That discretion only goes unchallenged when both parties benefit from the same ruling, as they did here: Republicans keep out voters who might dilute a Trump-aligned outcome, and Democrats avoid a fight they were never going to win in a Republican primary they had no stake in.

What could happen next?
  • Meaning

    The exclusion rule survives this cycle only because it was politically convenient to both parties, not because a court or statute settled the underlying question of who may vote in South Carolina's primaries.

First Reported In

Update #14 · 0-for-17 in court, and the map that held

The Post and Courier· 26 Jul 2026
Read original →
Causes and effects
This Event
McKissick and Parmley accept crossover ban
A voting restriction adopted weeks before a Senate primary faces no challenge, because the only actors with the standing to bring one want it in place.
Different Perspectives
Department of Justice (DOJ)
Department of Justice (DOJ)
DOJ appealed to the 9th Circuit after Judge David O. Carter did not rule by a noon deadline on 22 October that DOJ itself had set, seeking to have California set aside mail ballots from more than 20,000 listed voters. Its case is that ineligible votes cancel lawful ones; the panel dismissed the appeal 2-1 on 26 October.
Lower Costs Now
Lower Costs Now
Lower Costs Now reported $7.37m in Kansas on 24 and 25 October, part of $65.65m in Senate races since its first independent expenditure on 1 October, including $17.21m for Josh Turek in Iowa. Its FEC filings show $50.18m raised by 14 October.
MAGA Inc
MAGA Inc
MAGA Inc, the super PAC aligned with Donald Trump, filed $7.20m against James Talarico on 22 October, taking its Texas spending to $37.65m. Of that, $30.12m is against Talarico and $7.53m is for Ken Paxton, the Republican nominee.
Senate Majority PAC (SMP)
Senate Majority PAC (SMP)
SMP's pre-general report shows it spent $108.70m from 1 to 14 October, including $65.0m to WinSenate and $10.0m to Texas Forever, and ended with $32.72m. Texas Forever has reported $19.40m against Ken Paxton since 1 October.
Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
SLF's pre-general report shows $88.42m in cash on 14 October and $18.98m raised in the fortnight, none of it from Elon Musk. It has since reported $12.07m against Sherrod Brown in Ohio, and its $2.7m to Plains PAC preceded that committee's first Kansas buy on 25 October.
National Republican Senatorial Committee (NRSC)
National Republican Senatorial Committee (NRSC)
The NRSC's pre-general report shows nothing spent with Ashley Hinson in Iowa, or with its nominees in six other states, from 1 to 14 October, after $5.54m with Hinson in September. It took no new loan and ended the fortnight with $25.20m in cash and $20m of debt.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.