Justice Department Secures Agreement with South Carolina to Protect the Rights of Military and Overseas Voters in South Carolina Special Primary Election and Runoff

The Justice Department today announced an agreement between the Department and the State of South Carolina through the South Carolina State Election Commission and its Executive Director to help ensure that military service members, their family members, and U.S. citizens living overseas have an opportunity to participate fully in the upcoming special federal primary election and a runoff primary election, if necessary.

"This agreement reflects the Justice Department's commitment to protecting the right to vote for members of our armed forces deployed around the world, their families, and U.S. citizens overseas, and ensuring that these voters are afforded a meaningful opportunity to vote in all federal elections," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "South Carolina officials worked with the department immediately to find a resolution to safeguard voting rights for the state's military and overseas voters in the upcoming primary election and potential runoff."

Due to the death of Senator Lindsey Graham, the special primary election to replace the late Sen. Graham as the Republican nominee for the 2026 General Election must occur on Aug. 11, 2026 and any runoff primary election, if necessary, must occur on Aug. 25, 2026. The agreement is necessary to provide a remedy for a potential violation of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

The agreement provides that for the Aug. 11, 2026 special primary election, South Carolina will send UOCAVA ballots by Aug. 1, 2026 to all eligible UOCAVA voters who have made a standing request for UOCAVA ballots for all elections through December 2027. Ballots will include information indicating that UOCAVA voters can return ballots securely by electronic transmission, and all ballots must be returned by Aug. 11, 2026, at 7:00 pm eastern daylight time, whether by electronic transmission, express mail, or post.

Each ballot also includes instant runoff voting, so that UOCAVA voters can select a candidate for a runoff election, if necessary, on Aug. 25, 2026. The agreement requires that by July 24, 2026, South Carolina contact all eligible UOCAVA voters who did not make a standing request to let them know about the special election deadlines and offer to send ballots by electronic mail if they would like to participate.

The agreement also requires that South Carolina publicize the deadlines about the special primary and runoff elections and the information in the agreement to potential South Carolina UOCAVA voters, including the availability of the Federal Write-In Absentee Ballot to participate in those elections.

More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/uniformed-and-overseas-citizens-absentee-voting-act.