Fourth Circuit rules South Carolina's age limit on no-excuse absentee voting unconstitutional
A unanimous Fourth Circuit panel held that South Carolina cannot restrict no-excuse absentee ballots to voters aged 65 or older, finding the rule violates the Twenty-Sixth Amendment.
In a unanimous decision in Grant v. Belangia, the Fourth Circuit determined that South Carolina's law limiting no-excuse absentee-by-mail voting to citizens 65 and older violates the Twenty-Sixth Amendment. Writing for the panel, Judge Gregory, joined by Judges Harris and Richardson, emphasized that the Constitution grants states broad authority over election procedures but bars age-based discrimination once a voting method is made available.
The court rejected the plaintiffs' Equal Protection argument but affirmed that the age restriction constitutes an unconstitutional abridgment of voting rights. The judges left the question of timing and form of any remedy to the district court, citing concerns about voter confusion near elections. Noting a split with recent Fifth and Seventh Circuit rulings, the opinion suggests South Carolina may seek Supreme Court review.
Why it matters
The ruling expands voting access by prohibiting age-based limits on absentee ballots, affecting future election laws.
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