Trudy Grant v. Conway Belangia

Circuit 4Aug 18, 2026

Split Score

SplitScore: 61/100

Case Summary

Disposition

Reversed in Part

The Fourth Circuit held that South Carolina’s statute limiting no-excuse absentee-by-mail voting to citizens aged 65 and older violates the Twenty-Sixth Amendment because it abridges younger voters’ right to vote on account of age. The court reversed the district court on that claim, affirmed dismissal of the Equal Protection claim, and remanded for the district court to craft an appropriate remedy.

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Circuit Split Identified

Legal Issue

Whether state laws that grant no-excuse absentee-by-mail voting only to voters aged 65 and older abridge the right to vote on account of age in violation of the Twenty-Sixth Amendment.

Circuit Positions

Circuit 4(this circuit)

Age-based no-excuse absentee-by-mail schemes violate the Twenty-Sixth Amendment because they abridge younger voters’ access to a method of voting on account of age.

Circuit 5Circuit 7

Age-based no-excuse absentee-by-mail schemes do NOT violate the Twenty-Sixth Amendment where alternative voting methods (e.g., in-person voting) remain; the Amendment prohibits only retrogressive changes or does not reach absentee methods.

Conflict Summary

The Fourth Circuit holds that singling out voters 65 and older for unconditional absentee-by-mail voting unconstitutionally abridges younger voters’ rights under the Twenty-Sixth Amendment, while the Fifth and Seventh Circuits have held that such age-based absentee voting schemes are permissible because the Amendment bars only retrogressive changes or does not cover preferred voting methods so long as in-person voting remains available.

Parties & Counsel

Parties

Appellant:Trudy B. Grant, Sarah Krawcheck, Nashonda Hunter, Max Milliken, and Caleb Clark (Plaintiffs–Appellants)
Appellee:Conway Belangia, Executive Director of the South Carolina Election Commission, and other Commission members and county board defendants

Legal Counsel

Appellant:Pamela Karlan, Stanford Supreme Court Litigation Clinic; Derfner & Altman, LLC; Brazil & Dunn, LLP
Appellee:Tracey Colton Green, Burr & Forman LLP; State Election Commission Counsel; Law Offices of John E. Robinson