South Carolina’s Age-Based Mail Voting Law Ruled Unconstitutional on August 31

A federal appeals court ruled that South Carolina’s absentee voting law violates the U.S. Constitution by treating voters differently based on age. The Fourth Circuit Court of Appeals found that allowing voters 65 and older to vote by mail without excuse while requiring younger voters to meet specific eligibility criteria breaches the 26th Amendment. The case, filed by younger voters in 2023, now returns to district court to determine how South Carolina must fix the violation.

What the court decided

On August 18, 2026, a unanimous three-judge panel of the Fourth Circuit Court of Appeals ruled in Grant v. Belangia that South Carolina cannot provide unconditional mail-in voting access to voters 65 and older while requiring younger voters to meet an approved excuse. Chief Judge Roger Gregory wrote that the state’s system gives older voters a voting opportunity unavailable to younger citizens solely because of their age. The court found this allocation of voting opportunities unequal and unconstitutional under the 26th Amendment.

How the law currently works

South Carolina’s statute allows voters 65 and older to vote absentee by mail without providing any reason. Voters under 65 must qualify under specific circumstances such as illness, disability, employment obligations, or being away from their county on Election Day. The law has been in place for decades. Five registered voters under 65 sued the South Carolina Elections Commission in 2023, arguing the age-based restrictions discriminated against them. A lower court initially dismissed their case, but the Fourth Circuit reversed that decision in a unanimous ruling.

What happens next

The case returns to federal district court, where a judge must decide how to remedy the constitutional violation. The appeals court gave two options: extend no-excuse absentee voting to all voters under 65, or eliminate the no-excuse privilege for voters 65 and older. South Carolina representatives have said they plan to appeal further, potentially reaching the U.S. Supreme Court. The decision creates a split among federal circuits. The Fifth and Seventh Circuits have previously upheld similar age-based absentee voting laws in other states, while the Fourth Circuit has now reached the opposite conclusion.

What the plaintiffs’ attorney said

Armand Derfner, representing the younger voters who sued, called the law discriminatory. He stated that the issue is ultimately about equal treatment at the ballot box. Derfner emphasized that voting is a fundamental right and that in a democratic society, everyone should have the same right to vote regardless of age.

Final Thoughts

The Fourth Circuit’s ruling forces South Carolina to choose between extending no-excuse mail voting to all voters or eliminating it for seniors. The decision conflicts with rulings from other federal circuits, making Supreme Court review likely. For voters under 65 in South Carolina, the ruling may soon expand their access to absentee voting.

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