Fourth Circuit Rules SC Can't Limit No-Excuse Absentee Ballots by Age
On August 19, 2026, Fourth Circuit struck down SC's age limit on no-excuse absentee ballots.
Why it matters: The ruling affects South Carolina's election law by expanding absentee ballot access, potentially influencing cases on voter rights and election integrity nationwide. Legal professionals should monitor impacts ahead of the 2026 midterms.
- August 19, 2026, Fourth Circuit found age-based absentee ballot limits violate Equal Protection Clause.
- South Carolina restricts no-excuse absentee ballots to voters aged 65 and older before this ruling.
- SC has about 3.4 million registered voters; 18,000 absentee ballots were returned from 200,000 mailed in 2026.
- The decision aligns with a legal trend toward expanding voter access and addressing discriminatory election rules.
On August 19, 2026, the Fourth Circuit Court of Appeals ruled that South Carolina's restriction limiting no-excuse absentee ballots to voters over 65 violates the Equal Protection Clause of the Fourteenth Amendment.
Before this ruling, South Carolina allowed only voters aged 65 or older to request no-excuse absentee ballots, a policy challenged for its discriminatory effect. The state has approximately 3.4 million registered voters. For the 2026 election cycle, about 200,000 absentee ballots were mailed, with over 18,000 returned to date, according to the South Carolina Election Commission's publicly available reports.
Election law experts see this ruling as part of a larger judicial trend toward expanding voter access and eliminating restrictions deemed discriminatory. The SCOTUSblog analysis highlights how this decision may inform future challenges to election laws that impose age or other criteria disproportionally limiting voter participation.
Christe McCoy-Lawrence, Co-president of the League of Women Voters of South Carolina, commented via a press release that the ruling "removes unnecessary barriers to voting and upholds important principles of equal protection," especially amid evolving election procedures influenced by the COVID-19 pandemic.
No official statement has been released by the South Carolina Legislature regarding next steps or potential appeals. Legal observers anticipate monitoring how state election authorities implement the ruling and whether this will prompt legislative changes ahead of the 2026 midterm elections.
By the numbers:
- 3.4 million — registered voters in South Carolina
- 200,000 — absentee ballots mailed during 2026 election cycle
- 18,000+ — absentee ballots returned so far in 2026
Yes, but: South Carolina's final implementation plan remains unclear, and state officials have not confirmed if they will appeal the decision.
What's next: Legal professionals should watch for South Carolina's response and potential legislative changes ahead of the 2026 midterms.