Politics
Federal appeals court strikes down South Carolina mail-in voting age restriction
The Fourth Circuit ruled that limiting unconditional absentee voting to citizens 65 and older unconstitutionally discriminates against younger voters.
The short version
- The Fourth Circuit Court of Appeals ruled that South Carolina's mail-in voting law violates the 26th Amendment by treating voters differently based on age.
- Currently, South Carolina grants unconditional absentee voting to residents aged 65 and older, while younger voters must meet specific criteria to qualify.
- The court sent the case back to lower courts, instructing that the state must either offer unconditional mail-in voting to all voters or to none of them.
- State representatives have indicated plans to appeal the decision further, potentially bringing the case to the U.S. Supreme Court.
Key facts
- The Fourth Circuit Court of Appeals ruled that South Carolina's restriction of unconditional absentee-by-mail voting to individuals aged 65 and older is unconstitutional.[Fox News]
- Under the challenged law, voters under 65 are required to meet specific eligibility criteria, submit documentation, and adhere to strict deadlines to cast absentee ballots.[Fox News]
- The lawsuit was initiated in 2023 by a group of younger voters who argued the policy violated the 26th Amendment, which prohibits age-based voter discrimination.[Fox News]
- Chief Judge Roger Gregory wrote that by offering unconditional access only to older voters, the state unequally allocates voting opportunities based solely on age.[Fox News]
- The appellate court remanded the case to lower courts, directing them to require either complete equal access to unrestricted absentee voting for all residents or none.[Fox News]
What remains uncertain
- It remains uncertain how South Carolina's legislature or lower courts will resolve the mandate to either expand or entirely restrict unconditional absentee voting, pending the state's planned appeals.[Fox News]