The South Carolina NAACP and numerous disabled voters filed a federal lawsuit challenging state laws that restrict who may assist voters, arguing the rules violate the federal Voting Rights Act and could hinder participation in the 2026 elections.
Filed Dec. 5 in the U.S. District Court for the District of South Carolina, the suit contends that state restrictions on voter assistance make it difficult or impossible for many disabled South Carolinians - including residents of nursing homes and other congregate care facilities - to exercise their right to vote.
The NAACP South Carolina State Conference is the lead plaintiff, joined by individual voters with disabilities. Attorneys from the American Civil Liberties Union, the ACLU of South Carolina and Proskauer Rose LLP represent them.
Plaintiffs argue the challenged laws clash with Section 208 of the Voting Rights Act, which permits voters who need assistance due to blindness, disability or inability to read or write to receive help from a person of their choice, with limited exceptions for employers or union representatives.
South Carolina law, the lawsuit says, narrows eligibility rules, limits who may assist, caps the number of voters one person may help and carries felony penalties for violations. Plaintiffs say those provisions violate federal law under the Supremacy Clause of the U.S. Constitution.
"Voting is a fundamental right, and the State of South Carolina is infringing on that right for voters with disabilities and low literacy," said Brenda Murphy, president of the NAACP South Carolina State Conference. "The South Carolina NAACP is proud to take part in this important lawsuit to dismantle barriers to voting for Black voters and all voters in our state."
The lawsuit challenges several provisions of state law, including limits on which voters qualify for assistance, restrictions that often prevent non-family members from helping disabled voters with absentee ballots, requirements that assistants be registered South Carolina voters, and a rule barring individuals from assisting more than five voters.
According to the lawsuit, those limits particularly affect residents of nursing homes and similar facilities, where many voters rely on a single trusted staff member for assistance.
"These laws target some of our state's most vulnerable voters and make it harder - sometimes even impossible - to cast a ballot," said Allen Chaney, legal director of the ACLU of South Carolina.
Defendants named in the lawsuit include Attorney General Alan Wilson; State Election Commission Interim Executive Director Jenny Wooten; commission Chairman Dennis W. Shedd; and four other commission members, all sued in their official capacities.
The suit is seeking a permanent injunction blocking enforcement of the challenged restrictions ahead of the 2026 primary and general elections.