Federal Court Strikes Down South Carolina Absentee Ballot Law, Age Rules Illegal

A three-judge panel of the U.S. Fourth Circuit Court of Appeals ruled South Carolina's absentee voting statute unconstitutional. The appellate court found that the Palmetto State's framework unlawfully discriminates against citizens based on age by restricting mail-in ballots. This decision partially reverses a prior ruling from U.S. District Court Judge Bruce H. Hendricks.

Under current state law, voters aged sixty-five and older enjoy unconditional access to absentee-by-mail voting. However, younger citizens must meet rigid eligibility categories, provide documentation, and adhere to strict deadlines to qualify. Judges Roger L. Gregory, Pamela Ann Harris, and Julius Ness Richardson concluded that this two-tier system violates the Twenty-Sixth Amendment.

"South Carolina’s absentee-by-mail scheme impermissibly abridges the right to vote on account of age," stated the court in its official ruling. "The state allocates voting opportunities unequally based solely on age."

To achieve compliance, state lawmakers must either extend no-excuse mail-in voting to all age demographics or eliminate the privilege for seniors. Because this circuit decision conflicts with rulings in the fifth and seventh circuits, legal experts anticipate the case will head to the U.S. Supreme Court.

Following the appellate decision, the S.C. State Election Commission issued a public statement clarifying that election procedures remain active. "The rules for absentee voting in South Carolina have not changed," the commission confirmed as local officials prepare for upcoming polls.