On September 3, the South Carolina Election Commission filed this brief in defense of the state’s open primary. The Republican Party is trying to persuade a U.S. District Court that the party has a right to a closed primary. South Carolina Republican Party v Bolchoz, 3:26cv-2699.

The state’s brief points out that the Greenville County Republican Party already lost a similar case in 2011. The state also emphasizes that the Republican Party is already free to avoid an open primary if it uses its option to nominate by convention. The state already gives every party the freedom to choose a primary or a convention. However, the law requires that state central committee of any party that wants a convention to pass the idea with a three-fourths vote.