Fourth Circuit finds South Carolina’s senior-voter mail ballot rule unconstitutional

In a recent opinion, the Fourth Circuit Court of Appeals declared South Carolina’s policy that automatically grants mail-in ballot eligibility to voters aged 65 and older unconstitutional, because it treats younger voters differently. The case originated when a group of younger voters sued the South Carolina Elections Commission in 2023, claiming the law violated the 26th Amendment. Although a lower court had dismissed the claim, the appellate panel, led by Chief Judge Roger Gregory, instructed that the state must either provide unrestricted absentee voting to every voter or impose the same restrictions on all.

South Carolina officials indicated they intend to pursue another appeal, potentially before the U.S. Supreme Court. The timing coincides with a Supreme Court ruling that supports President Donald Trump’s efforts to tighten mail-in ballot rules nationwide. Former White House deputy counsel Gene Hamilton noted that federal agencies, including the Postal Service, can now proceed with components of Trump’s election-integrity order. Further legal battles on both state and federal fronts are expected.