A majority of the Fourth Circuit’s non-disqualified judges in active service voted for rehearing en banc after Judge Childs (D.S.C.) enjoined South Carolina’s witness requirement for absentee voting in the November 2020 election.
In Baten v. McMaster, The Fourth Circuit held that South Carolina’s winner-take-all system does not violate the First Amendment, the Fourteenth Amendment, or § 2 of the Voting Rights Act. In its decision, the court concluded that the appellants’ challenge to South Carolina’s winner-take-all system was justiciable and that the appellants had Article III standing. Therefore, the court affirmed the district court’s judgment.
In Buscemi v. Bell, the Fourth Circuit held that two candidates unaffiliated with a political party and one voter seeking to cast votes for write-in candidates lacked standing to challenge North Carolina’s requirements that an unaffiliated candidate be a “qualified voter” and that a write-in candidate submit a certain number of signatures before votes cast for that write-in candidate will be counted.