According to the South Carolina Department of Health and Human Services, federal law requires them — as the state Medicaid administrator — to provide voter registration information to every new filer for assistance, including noncitizens. The agency says it is bound by the National Voter Registration Act of 1993 (NVRA) to provide voter registration services — including registration forms.
“SCDHHS does not believe the state Medicaid agency should have a role in voter registration,” Jeff Leieritz, a spokesman for the state agency, said in a statement. He added: “However, absent the legal authority to make this change, SCDHHS remains required by federal law to provide voter registration application forms with each Medicaid application.”
In late April, a noncitizen living in South Carolina notified State Representative Adam Morgan that she had received voter registration information and forms when she applied for public assistance. The South Carolina lawmaker said the woman was unsure if she should fill them out and sought answers from a friend who informed her she could not vote as a noncitizen. When the woman tried to return the forms to the agency, they sent her more voter information.
In addition to the NVRA requirements, Executive Order 14019 — signed by Joe Biden in 2021 — requires federal agencies to prioritize voter registration and voter turnout strategies. The Biden government order has likely caused additional downward pressure on state agencies that manage federal programs to engage in the registration effort.
The South Carolina Election Commission has said they’re investigating the matter of noncitizens receiving voter registration information. “The SEC will not allow fraudulent voter registration to happen on our watch,” the commission’s executive director, Howie Knapp, said. In neighboring North Carolina, federal prosecutors have charged 37 noncitizens with voting in U.S. elections as far back as 1996.