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Voting Rights

Fourth Circuit Concludes South Carolina Cannot Limit "No-Excuse" Absentee Ballots to Those Over 65

An election law question that seems destined for the Supreme Court.

Jonathan H. Adler | 8.19.2026 11:34 AM

Yesterday, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit concluded that states cannot limit "no excuse" absentee voting to the elderly. Judge Gregory wrote for the panel in Grant v. Belangia, joined by Judges Harris and Richardson. His opinion begins:

The Constitution grants states broad authority to regulate "[t]he Times, Places and Manner of holding Elections," U.S. Const. art. 1, § 4, including whether to permit absentee voting. But when a state offers a method for casting a ballot, the Constitution forbids restricting access to that voting method based on any prohibited ground, including age. U.S. Const. amend. XXVI. Because the South Carolina statute at issue........

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