Federal Appeals Court Strikes Down South Carolina’s Age-Based Mail-In Voting Exception as Unconstitutional

The Fourth Circuit Court of Appeals determined last week that South Carolina’s mail-in voting provisions violate the U.S. Constitution due to age-based discrimination in ballot access. The state’s law permits voters aged 65 and older to cast absentee ballots without restriction, while younger voters must satisfy specific eligibility requirements, provide documentation, and meet rigid deadlines. U.S. Circuit Chief Judge Roger Gregory wrote in the decision that this disparity constitutes unequal allocation of voting opportunities based solely on age.

The case originated in 2023 when a group of younger voters filed suit against the South Carolina Elections Commission, arguing the restriction violated the 26th Amendment. A lower court initially rejected their challenge, but the Fourth Circuit reversed course following appellate review. The court’s ruling mandates that South Carolina either extend unrestricted mail-in voting to all residents or enforce consistent eligibility standards across all age groups.

State officials have signaled plans to pursue additional appeals, potentially escalating the matter to the Supreme Court. The ruling arrives amid broader national disputes over mail-in voting procedures, following a concurrent Supreme Court decision that largely favored restrictions on absentee ballots. The Trump administration indicated federal agencies including the Postal Service may implement new ballot-mail standards and citizenship verification measures as litigation continues.