South Carolina mail-in voting law illegally discriminates, appeals court rules

Typically, voters looking to send mail-in ballots must meet certain criteria, such as being out of the country during the early voting period or being disabled.

A state law removed those requirements for all voters over the age of 65, however, and the fourth circuit's ruling found that provision to be unconstitutional.

"By granting voters aged sixty-five and older unconditional access to absentee-by-mail voting while conditioning that same option for younger voters on eligibility categories, documentation, and a rigid deadline, the state allocates voting opportunities unequally based solely on age," U.S. Circuit Chief Judge Roger Gregory wrote in the order.

A lower court initially dismissed their argument, but the case continued on appeal until it appeared before the Fourth Circuit.

The new ruling sends the case back to lower courts with specific instructions on how to decide the case. Gregory wrote that either all South Carolina voters must be entitled to vote absentee without restrictions, or none of them can be.

That is unlikely to be the end of the question, however, as representatives of South Carolina say they plan to appeal further, potentially reaching the Supreme Court.

The order came the same week that the U.S. Supreme Court issued a largely favorable ruling for President Donald Trump's effort to limit mail-in ballots across the country.

Further litigation is expected on that front as well.