© 2026 South Carolina Public Radio
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
SC Public Radio's statewide network is experiencing intermittent outages and programming issues due to ongoing infrastructure upgrades. Our team is working to keep these disruptions to a minimum and to resolve issues that do arise. Streaming on this site, the SCETV App, the NPR App, and smart speakers is unaffected.

Federal appeals court finds SC absentee voting law is unconstitutional

A sign indicates that an absentee ballot drop box is available to voters outside a Fulton County early voting site at C.T. Martin Natatorium and Recreation Center in Atlanta on May 18.
Alyssa Pointer for NPR

A federal court found South Carolina's absentee voting laws are unconstitutional.

The Aug. 18 ruling focuses on the state's age-based system. Voters 65 and older are given unrestricted access to absentee mail-in ballots. Meanwhile, younger voters face some requirements to get an absentee ballot.

The law was challenged by a group of voters three years ago.

U.S. District Court of South Carolina Judge Bruce Hendricks sided with the election commission in 2025. The decision was appealed. The ruling says the law violates the 26th amendment.

“Because the South Carolina statute at issue restricts access to ‘no excuse’ absentee-by-mail ballots to voters 65 years of age or older, we agree with Plaintiffs that it violates the Twenty-Sixth Amendment,” the ruling reads.

At the end of the nearly 30-page opinion, the ruling stated the district court should either expand the "no excuse" absentee ballot option or remove the benefit.

The district court must take up proceedings before any voting laws will change.

Kristina Thacker joined the South Carolina Public Radio team in September of 2025. She is a multimedia journalist with experience in both on-air reporting and production.