How many voters can 1 person help in SC? Nursing home residents sue to find out.

A South Carolina rule restricting the number of disabled voters one person can assist violates a U.S. anti-discrimination election law, a federal lawsuit alleges.

Three disabled Upstate residents named in the lawsuit want help from staff at their nursing homes to cast their absentee ballots in the 2026 elections, according to court filings. But a state rule bars South Carolinians from requesting or returning absentee ballots of more than five people.

The five-person limit and other restrictions on who can help disabled South Carolinians vote are being challenged by the state chapter of the NAACP and the three disabled South Carolina residents in federal court.

The lawsuit argues several state election laws violate the Voting Rights Act, a landmark federal law prohibiting discrimination at the ballot box. State law only allows people who cannot read or write or are physically unable or incapacitated to seek help with preparing or submitting their ballot, the lawsuit argues. But voters with non-physical or non-incapacitating disabilities have a federal right to assistance, according to the plaintiffs’ court filings.

Additionally, the plaintiffs argued disabled people can receive help from anyone while voting, apart from their employer or agent of their employer. State law restricts who can provide assistance legally, including capping the number of people one person can assist with preparing an absentee ballot.

“Both individually and collectively, these provisions of South Carolina law impose concrete and irreparable harms on Plaintiffs and those similarly situated by forcing them to either forgo completely their right to vote or choose an assistor other than a trusted person of their choice,” the lawsuit reads.

For example, the five-person limit makes it more challenging for people in nursing homes to vote, the lawsuit explains. A social worker at MUSC Chester, Barvette Gaither, helps coordinate voting in the nursing home, and many residents ask for her assistance with preparing their absentee ballot. Before the five-person limit went into place, she helped 10 to 25 voters each election, according to court filings. Now, Gaither has to help residents find other people to assist, creating an additional burden for the nursing home and family members, according to court documents.

“Except for the five voters she assists, every resident who would choose to rely on Ms. Gaither is denied the assistance of the person of their choice,” the lawsuit reads.

The lawsuit was filed in a federal district court in Columbia on Friday. The suit named Attorney General Alan Wilson, state Election Commission executive director Jenny Wooten and members of the Election Commission in their official capacities as defendants in the lawsuit.

Spokespersons for Wilson and the Election Commission both said the offices would not comment on ongoing litigation.

The plaintiffs are represented by lawyers from the American Civil Liberties Union, the ACLU of South Carolina and Proskauer Rose.