Three federal judges are set to consider an attorney's argument that South Carolina decision to send partial ballots to overseas voters was a violation of federal election law.
The panel is holding a hearing Monday to hear motions from Todd Kincannon. The Columbia attorney says the state Election Commission was in violation of the Voting Rights Act when it opted to send ballots with only federal races on them to military and overseas voters.
Commission attorneys say Justice Department officials knew about the decision to send the federal-only ballots.
Last week, Kincannon abandoned an effort to reinstate nearly 200 candidates left off of June 12 primary ballots after a decision by the South Carolina Supreme Court over campaign paperwork. His suit now focuses solely on the federal ballots issue.