A federal appeals court has ruled that South Carolina’s age-based absentee voting system violates the U.S. Constitution, potentially changing how the state handles absentee ballots.
In an Aug. 18 decision, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit found that South Carolina cannot allow voters age 65 and older to cast no-excuse absentee ballots while requiring younger voters to meet specific qualifications.
South Carolina currently allows voters 65 and older to vote absentee by mail without providing a reason. Younger voters generally must qualify under certain circumstances, including work obligations, disability, military service, caregiving responsibilities or being absent from their county on Election Day.
The court found the system creates unequal access to absentee voting based on age and violates the Twenty-Sixth Amendment, which prohibits abridging the right to vote on account of age.
The lawsuit was filed in December 2023 by South Carolina voters under age 65. The Fourth Circuit overturned a key portion of a March 2025 federal district court ruling that had sided with state election officials.
The appeals court emphasized that South Carolina is not required to offer absentee voting but cannot provide easier access to one group of adult voters solely because of age.
The case now returns to federal district court, where a judge will determine a remedy. Possible outcomes include expanding no-excuse absentee voting to younger voters or eliminating the no-excuse absentee privilege currently available to voters 65 and older.
The timing and implementation of any changes have not yet been determined.
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