South Carolina mail-in voting law illegally discriminates, appeals court rules
Fourth Circuit Declares South Carolina Mail‑In Voting Rule Unconstitutional
A federal appellate court has ruled that South Carolina’s special treatment of voters 65 and older under the state’s absentee‑by‑mail rules violates the Constitution. The decision forces the state to adopt a uniform standard for all voters or none at all.
The Fourth Circuit’s opinion was issued last week and focused on a South Carolina law that removed the usual eligibility requirements for voters over 65. While younger voters still must show they are out of the country, disabled, or otherwise meet specified criteria—and must submit documentation before a tight deadline—voters 65 and older can request a mail‑in ballot with no such restrictions.
Chief Judge Roger Gregory explained that the law “allocates voting opportunities unequally based solely on age.” He said that granting automatic access to older voters while continuing to impose limits on younger voters creates an unconstitutional age‑based disparity.
The case began in 2023 when a group of younger voters filed suit against the South Carolina Elections Commission, arguing that the law infringed the 26th Amendment, which protects the voting rights of citizens under 18. A lower court initially dismissed the claim, but the challengers appealed, bringing the matter before the Fourth Circuit.
Gregory’s ruling sends the matter back to the lower courts with clear instructions: either all South Carolina voters must be able to vote absentee without restrictions, or none of them can. The court did not decide which path the state should take, leaving the issue to further legal proceedings.
State officials are expected to pursue additional appeals, potentially bringing the dispute before the U.S. Supreme Court.
The Fourth Circuit decision arrived in the same week that the Supreme Court handed a largely favorable ruling to former President Donald Trump’s effort to tighten mail‑in voting nationwide. Gene Hamilton, a former deputy counsel in the Trump White House, said federal agencies—including the Postal Service—can now move forward with parts of Trump’s election‑integrity order, such as new ballot‑mail standards and initiatives involving state citizenship lists. Those developments are likely to spark additional litigation as states and federal agencies navigate the evolving legal landscape.
South Carolina’s next moves will determine whether the state will adopt a blanket absentee‑by‑mail policy for all voters or continue to impose age‑based restrictions. The outcome will have implications for voter access across the state and may influence future national debates over mail‑in voting rules.
