A federal appeals court has declared South Carolina's mail-in voting law, which granted unconditional access to absentee ballots for voters aged 65 and older, unconstitutional.
The Fourth Circuit Court of Appeals ruled that by providing preferential access to mail-in voting based solely on age, the state violated the 26th Amendment, which prohibits age-based discrimination in voting.
In its ruling, the court stated, "By granting voters aged sixty-five and older unconditional access to absentee-by-mail voting while conditioning the same option for younger voters on eligibility categories, documentation, and a rigid deadline, the state allocates voting opportunities unequally based solely on age." U.S. Circuit Chief Judge Roger Gregory wrote the order.
The case originated in 2023 when a group of younger voters challenged the law, arguing it created an unequal system. A lower court had initially dismissed their claims, but the Fourth Circuit revived the argument.
The appellate court has instructed lower courts to decide whether all South Carolina voters should have unconditional access to absentee-by-mail voting or if no voters should receive such preferential treatment.
South Carolina officials have indicated plans to appeal the decision, potentially escalating the case to the Supreme Court. This ruling comes in the same week the U.S. Supreme Court issued a decision impacting mail-in ballots nationwide, which supporters claim enhances election integrity.
