DOJ agreement sets UOCAVA deadlines for South Carolina Senate primary

Military members, eligible family members and other South Carolina voters living overseas face specific ballot deadlines after the Justice Department and South Carolina State Election Commission reached an agreement covering the state’s August 11, 2026, special Republican primary.

The agreement, announced by the Justice Department on July 21 and updated July 22, addresses a potential compliance violation under the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA. It is a remedy for the compressed special-election schedule, not a court judgment or a finding that South Carolina intentionally denied anyone the right to vote.

What the agreement requires

South Carolina was required to contact eligible UOCAVA voters who did not have a standing ballot request by July 24. The state also had to publicize the election deadlines and available voting methods, including the option of electronic ballot delivery.

By August 1, counties were required to send ballots to eligible UOCAVA voters who had requested them. Ballot materials must explain electronic transmission, mail and express-delivery options, along with the procedures for returning a completed ballot.

The special Republican primary will select the party’s nominee for the U.S. Senate seat left vacant after the death of Sen. Lindsey Graham. A runoff, if necessary, is scheduled for August 25. State guidance says voters who participated in the June 2026 Democratic primary or runoff are not eligible for this Republican primary; qualified voters who participated in the June Republican primary, or who did not vote in the June primaries, may be eligible.

Return deadlines are different for electronic and mailed ballots

For electronic or fax return, the completed ballot must reach the voter’s county election office by 7:00 p.m. Eastern on August 11. Voters should follow the specific return instructions supplied by their county.

For a mailed ballot, South Carolina’s current guidance says the voter must mail it by 7:00 p.m. Eastern on August 11, and the ballot must be received by 5:00 p.m. on August 12. Because of the compressed timeline, the state strongly encourages voters who currently receive ballots by mail to contact their county election office and ask about switching to email delivery.

The agreement also requires the State Election Commission to provide the Justice Department with information about when UOCAVA ballots were transmitted and received. That reporting requirement does not mean ballots will be counted without meeting the applicable deadlines or other ballot requirements.

A runoff ballot is included

Primary ballot materials include an instant-runoff voting ballot. It allows eligible voters to rank candidates and can serve as their runoff ballot if an August 25 Republican runoff is necessary.

The inclusion of the runoff ballot does not mean a runoff will occur. It preserves a voter’s opportunity to participate if the primary produces that result.

What voters should do now

Eligible South Carolina military and overseas voters who have not received a ballot should contact their county voter registration and elections office now rather than wait for international or military mail. Ask whether the ballot can be sent electronically if the current delivery method is mail.

Voters can check the South Carolina Election Commission’s ballot-status tools and should keep confirmation of ballot transmission or receipt. If the regular ballot has not arrived, the Federal Write-In Absentee Ballot may be available through the Federal Voting Assistance Program. Voters should follow their county’s instructions for completing and returning it.

UOCAVA coverage generally includes U.S. citizens residing outside the United States, members of the Armed Forces and Merchant Marine, certain overseas government or support personnel, and eligible spouses and dependents. Eligibility, registration and a valid application or standing request still matter; living outside the United States does not automatically result in a ballot.

Sources

• Justice Department agreement announcement
• South Carolina Election Commission voter guidance
• South Carolina Public Radio report