Fourth Circuit rules South Carolina’s senior-only mail-ballot perk violates 26th Amendment
A Fourth Circuit panel held that South Carolina’s policy allowing anyone 65 or older to vote by mail without an excuse breaches the 26th Amendment’s ban on age-based voting restrictions.
In a unanimous decision, the Fourth Circuit declared South Carolina’s rule granting unconditional mail-in ballot access to voters 65 and older while requiring younger voters to meet narrow criteria unconstitutional under the 26th Amendment. The court likened the age-based distinction to prohibited discrimination based on race or sex, rejecting the state’s argument that the senior provision was merely a benefit. This judgment diverges from a Fifth Circuit precedent that upheld an identical exemption in Texas, creating a circuit split that may draw Supreme Court review.
The panel noted that state legislatures can remedy the issue by either offering no-excuse absentee voting to every adult or by instituting a uniform, age-neutral excuse standard. The ruling now compels South Carolina and neighboring Fourth Circuit states—Maryland, North Carolina, Virginia, and West Virginia—to reconsider their absentee voting frameworks. While the decision imposes administrative adjustments, it underscores that age cannot be used as a proxy for voting convenience. The case highlights a rare application of the 26th Amendment since its adoption in 1971.
Why it matters
It clarifies that states cannot limit voting methods solely based on age, affecting absentee voting rules across multiple states.
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