A federal Fourth Circuit panel ruled that South Carolina’s age-based absentee-by-mail voting rules violate the Twenty-Sixth Amendment because they give voters 65 and older easier access to mail absentee ballots than younger voters.
The decision partially reversed an earlier ruling by U.S. District Judge Bruce H. Hendricks, though the State Election Commission says the practical absentee-voting rules have not changed yet.
What law was challenged
Under South Carolina Code § 7-15-320, voters age 65 and older may request an absentee mail ballot without stating a reason.
Voters under 65 may use absentee-by-mail voting only if they fit one of several statutory categories, such as:
- Having qualifying employment obligations, with written certification.
- Caring for a sick or physically disabled person.
- Being held in jail or a pretrial facility while awaiting resolution of an arrest or trial.
- Being away from their county of residence on Election Day.
The Court’s Reasoning
The three-judge Fourth Circuit panel—Judges Roger L. Gregory, Pamela Ann Harris, and Julius Ness Richardson—described the state’s approach as a “two-tier absentee-by-mail voting system.”
The panel concluded that the system treats voters differently solely because of age: people 65 and over receive unconditional access to mail absentee voting, while younger eligible voters face eligibility categories, documentation requirements, and a deadline. The court held that this “impermissibly abridges” younger voters’ right to vote on account of age, contrary to the Twenty-Sixth Amendment.
What South Carolina may need to Do
The ruling leaves the state with two basic ways to comply:
- Extend no-excuse absentee-by-mail voting to voters under 65 as well, or
- Eliminate the no-excuse absentee-by-mail option currently available to voters 65 and older.
In other words, the court’s concern was not absentee voting itself; it was the unequal age-based access to that voting method.
What Happens Now
Despite the ruling, the South Carolina State Election Commission stated that absentee-voting rules have not changed at this point. Everything will remain as it has been for the upcoming November 3 elections.
The decision could be appealed, and the article notes that other federal appellate courts—the Fifth and Seventh Circuits—have reached different conclusions about comparable age-based absentee-voting laws. That split among federal circuits increases the possibility that the U.S. Supreme Court could eventually take up the issue.
The decision could be appealed, and the article notes that other federal appellate courts—the Fifth and Seventh Circuits—have reached different conclusions about comparable age-based absentee-voting laws. That split among federal circuits increases the possibility that the U.S. Supreme Court could eventually take up the issue.
The decision could be appealed, and the article notes that other federal appellate courts—the Fifth and Seventh Circuits—have reached different conclusions about comparable age-based absentee-voting laws. That split among federal circuits increases the possibility that the U.S. Supreme Court could eventually take up the issue.
