South Carolina Voter Assistance Restrictions Challenge
NAACP South Carolina State Conference v. Wilson
A pro-voting lawsuit challenging South Carolina’s restrictions on voter assistance.
Background
The South Carolina NAACP and three voters with disabilities sued Attorney General Alan Wilson (R) and State Election Commission officials, arguing under the Supremacy Clause that several state laws restricting who may give and receive voting assistance violate Section 208 of the Voting Rights Act. Section 208 guarantees that voters with disabilities or low literacy may receive help from a person of their choice. Specifically, the lawsuit challenges three provisions as preempted by federal law: (1) the state’s narrow definition of voters eligible for assistance, which excludes those with non-physical disabilities; (2) limits confining assistors to certain family members or “authorized representatives”; and (3) the “Five-Voter Limits,” which make it a felony – punishable by up to five years in prison – for any person to assist more than five voters in requesting or returning absentee ballots. They seek a court order to block enforcement of these restrictions and to revise state election guidance.
Why It Matters
These restrictions severely limit the ability of voters with disabilities to receive assistance, especially in nursing homes and other congregate care settings where residents often rely on trusted staff to help them vote. By limiting both who may receive help and who may provide it, the laws leave many voters unable to cast absentee ballots at all.
Latest Updates
- Jan. 20, 2026: South Carolina filed a motion to dismiss the lawsuit. The State Election Commission (SEC) also filed a motion to dismiss.
- Dec. 5, 2025: Plaintiffs filed their complaint.