Advertisement

Republican lawsuits target rules for overseas voters, but those ballots are already sent

Women fold ballots to be mailed at the Mecklenburg County Board of Elections in Charlotte, N.C.
Dawn Stephens, right, and Duane Taylor prepare ballots to be mailed at the Mecklenburg County Board of Elections in Charlotte, N.C., on Sept. 5.
(Nell Redmond / Associated Press)
Share via

The latest method of voting to fall into the political crosshairs is the way overseas voters — including members of the military stationed abroad — cast their ballots.

The process is governed by federal law and implemented by states. In recent weeks, Republicans have been challenging how states handle these voters, something former President Trump didn’t do in 2020 when he and his allies challenged his loss in court.

But things have changed, with less than a month before election day and a tight race between Trump and Vice President Kamala Harris. It’s part of a broader legal strategy by Republicans to position themselves for post-election challenges should Trump lose.

Advertisement

Ballots already have been sent to overseas and military voters under a federally mandated deadline. Trump and his Republican allies contend these ballots could be part of an elaborate scheme to steal the election from him, a claim for which there is no evidence. Their challenge comes as the voters who receive the ballots are increasingly from groups that are presumed to be Democratic.

Here’s a look at the issues involved and what’s driving the claims.

Who are these voters?

Congress passed a law in 1986 that was signed by President Reagan requiring states to allow certain groups of citizens to register and vote absentee in federal elections. Known as the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA, it applies to military members, their families and U.S. citizens living outside the country.

Advertisement

In 2020, states sent more than 1.2 million ballots to military and overseas voters. Of those, more than 900,000 were returned and nearly 890,000 were counted, according to data collected by the U.S. Election Assistance Commission.

Before 2016, military members and eligible family members represented most of these voters, according to the commission. But that has shifted slightly. In 2020, overseas citizens accounted for 57.4% of the registered voters. Overall, 40% of all military and overseas ballots were cast in three states: California, Florida and Washington.

That shift explains why Trump and other Republicans may be turning on the program. While military voters are presumed to vote for the GOP, other overseas voters are widely assumed to lean Democratic. This year, for the first time, the Democratic Party is spending money to try to turn them out.

Advertisement

The Federal Voting Assistance Program, which supports military and overseas voters, estimates that 2.8 million U.S. citizens of voting age were living overseas in 2022.

Election officials who receive their applications “do everything they can to verify that these are eligible voters and not just persons without any kind of identification,” said Election Assistance Commission member Christy A. McCormick.

How do overseas voters register and cast ballots?

Federal law allows qualified military or overseas voters to register to vote and request an absentee ballot at the same time, using what is known as the federal postcard application, which can be submitted electronically in many states. This is aimed at addressing the challenges military and overseas voters can face, such as slow or even unavailable mail delivery. Other accommodations include requiring states to have a system for delivering ballots electronically.

The federal postcard application asks applicants to provide their name, address, birth date, Social Security number and driver’s license number. That information is logged and checked based on state procedures, according to Tammy Patrick, a former election official with the National Assn. of Election Officials.

“It’s not the case that anyone in the world can apply for a ballot. They still have to demonstrate they are an eligible American citizen,” she said.

Advertisement

Each person completing the form must also sign an oath under penalty of perjury that the information is correct, that they are a U.S. citizen, that they are not disqualified from voting and are not requesting a ballot or voting in any other jurisdiction in the U.S.

Unlike other voters, overseas voters can use an address where they have not lived for several years.

All but 13 states allow U.S. citizens born overseas but who have never lived in the U.S. to register and vote using a parent’s last residential address, according to data collected by the Election Assistance Commission.

What are the Republicans’ claims?

In Pennsylvania, a group of Republican members of Congress is asking a federal judge to order county elections officials to verify the identities and eligibility of military and overseas voters. They also want ballots cast by those voters to be kept apart from other ballots for the Nov. 5 election.

The lawsuit claims current practices have created “an illegally structured election process which makes Pennsylvania’s elections vulnerable to ineligible votes by individuals or entities who could purport to be UOCAVA-eligible.”

Advertisement

Out of nearly 27,000 military and overseas ballots cast in Pennsylvania in 2020, 1,363 — or 5% — were rejected. That’s a higher rejection rate than all but one state, according to federal data.

The lawsuits filed by the Republican National Committee argue that Michigan and North Carolina should not allow overseas voters who have never lived in their state to vote.

Why are these claims being raised now?

The warnings about overseas ballot fraud join a very long list of Trump allegations of rampant fraud in U.S. elections, even though there has been no evidence of any widespread fraud. Reviews, recounts and audits in the battleground states where Trump disputed his 2020 loss all affirmed President Biden’s victory, and his own attorney general said there was no evidence of fraud that could have tipped the election.

Trump has claimed without evidence that huge numbers of noncitizens vote, that mail ballots are forged and that voting machines are secretly programmed against him. The goal of making such baseless claims has been to sow doubt about the reliability of any election he loses, enabling him to try to overturn his defeat.

Politically, Trump has tried to distinguish between military voters, who traditionally vote Republican, and other overseas voters. The Democratic Party in August announced it planned to spend about $300,000 trying to turn out overseas voters on behalf of Harris, its first expenditure on that group.

Advertisement

“They want to dilute the TRUE vote of our beautiful military and their families,” Trump claimed of Democrats in a Sept. 23 post on his social media network.

It’s likely, though, that challenges to these voters would carry consequences for both groups, including the military voters that Republicans routinely count on to pad their totals in close elections.

A spokesperson for the Republican National Committee said the litigation is aimed at preventing unlawful votes from diluting lawful ones.

“The point of the election integrity lawsuits is to fix the holes that we know exist as much as possible before the election,” RNC spokesperson Claire Zunk said.

What do election officials say?

With less than a month before the Nov. 5 election, now is not the time to raise objections to state law that has been in place for 13 years, said Patrick Gannon, a spokesman for the North Carolina State Board of Elections.

Advertisement

“This lawsuit was filed after voting had already begun in North Carolina for the general election,” Gannon said in a statement. “The time to challenge the rules for voter eligibility is well before an election, not after votes have already been cast.”

In Michigan, the relevant state laws and procedures also have been on the books for years, according to state election officials. A state law passed in 1995 says a spouse or dependent of an overseas voter who is a U.S. citizen can register using a parent’s or spouse’s Michigan address.

State election officials said local offices follow standard procedures to check the identity of all those seeking to register to vote in Michigan. That includes military and overseas voters, who are required to renew their status every year. Their ballots also are subject to the same checks as those cast by nonmilitary and overseas voters, including signature verification.

“This is not a legitimate legal concern — just the latest in the RNC’s PR campaign to spread unfounded distrust in the integrity of our elections,” said Angela Benander, a spokeswoman for the Michigan secretary of state’s office.

In Pennsylvania, ballots cast by ineligible voters occur at “extremely low” rates and are investigated, said Matt Heckel, spokesman for the state election office. Heckel said anyone who lies on the form faces substantial penalties, including a potential felony conviction, prison sentence and fine.

The Democratic National Committee has filed a motion to dismiss the Pennsylvania case.

“Plaintiffs’ inexcusably belated request for relief in the middle of an election would create chaos for election administration, confuse voters and potentially disenfranchise tens of thousands of eligible Pennsylvanians who wear their nation’s uniform or are otherwise living overseas,” the DNC said in its brief.

Advertisement

Cassidy and Riccardi write for the Associated Press. Riccardi reported from Denver. AP writers Mark Scolforo in Harrisburg, Pa., and Julie Carr Smyth in Columbus, Ohio, contributed to this report.

Advertisement
seductrice.net
universo-virtual.com
buytrendz.net
thisforall.net
benchpressgains.com
qthzb.com
mindhunter9.com
dwjqp1.com
secure-signup.net
ahaayy.com
tressesindia.com
puresybian.com
krpano-chs.com
cre8workshop.com
hdkino.org
peixun021.com
qz786.com
utahperformingartscenter.org
worldqrmconference.com
shangyuwh.com
eejssdfsdfdfjsd.com
playminecraftfreeonline.com
trekvietnamtour.com
your-business-articles.com
essaywritingservice10.com
hindusamaaj.com
joggingvideo.com
wandercoups.com
wormblaster.net
tongchengchuyange0004.com
internetknowing.com
breachurch.com
peachesnginburlesque.com
dataarchitectoo.com
clientfunnelformula.com
30pps.com
cherylroll.com
ks2252.com
prowp.net
webmanicura.com
sofietsshotel.com
facetorch.com
nylawyerreview.com
apapromotions.com
shareparelli.com
goeaglepointe.com
thegreenmanpubphuket.com
karotorossian.com
publicsensor.com
taiwandefence.com
epcsur.com
mfhoudan.com
southstills.com
tvtv98.com
thewellington-hotel.com
bccaipiao.com
colectoresindustrialesgs.com
shenanddcg.com
capriartfilmfestival.com
replicabreitlingsale.com
thaiamarinnewtoncorner.com
gkmcww.com
mbnkbj.com
andrewbrennandesign.com
cod54.com
luobinzhang.com
faithfirst.net
zjyc28.com
tongchengjinyeyouyue0004.com
nhuan6.com
kftz5k.com
oldgardensflowers.com
lightupthefloor.com
bahamamamas-stjohns.com
ly2818.com
905onthebay.com
fonemenu.com
notanothermovie.com
ukrainehighclassescort.com
meincmagazine.com
av-5858.com
yallerdawg.com
donkeythemovie.com
corporatehospitalitygroup.com
boboyy88.com
miteinander-lernen.com
dannayconsulting.com
officialtomsshoesoutletstore.com
forsale-amoxil-amoxicillin.net
generictadalafil-canada.net
guitarlessonseastlondon.com
lesliesrestaurants.com
mattyno9.com
nri-homeloans.com
rtgvisas-qatar.com
salbutamolventolinonline.net
sportsinjuries.info
wedsna.com
rgkntk.com
bkkmarketplace.com
zxqcwx.com
breakupprogram.com
boxcardc.com
unblockyoutubeindonesia.com
fabulousbookmark.com
beat-the.com
guatemala-sailfishing-vacations-charters.com
magie-marketing.com
kingstonliteracy.com
guitaraffinity.com
eurelookinggoodapparel.com
howtolosecheekfat.net
marioncma.org
oliviadavismusic.com
shantelcampbellrealestate.com
shopleborn13.com
topindiafree.com
v-visitors.net
djjky.com
053hh.com
originbluei.com
baucishotel.com
33kkn.com
intrinsiqresearch.com
mariaescort-kiev.com
mymaguk.com
sponsored4u.com
crimsonclass.com
bataillenavale.com
searchtile.com
ze-stribrnych-struh.com
zenithalhype.com
modalpkv.com
bouisset-lafforgue.com
useupload.com
37r.net
autoankauf-muenster.com
bantinbongda.net
bilgius.com
brabustermagazine.com
indigrow.org
miicrosofts.net
mysmiletravel.com
selinasims.com
spellcubesapp.com
usa-faction.com
hypoallergenicdogsnames.com
dailyupdatez.com
foodphotographyreviews.com
cricutcom-setup.com
chprowebdesign.com
katyrealty-kanepa.com
tasramar.com
bilgipinari.org
four-am.com
indiarepublicday.com
inquick-enbooks.com
iracmpi.com
kakaschoenen.com
lsm99flash.com
nana1255.com
ngen-niagara.com
technwzs.com
virtualonlinecasino1345.com
wallpapertop.net
casino-natali.com
iprofit-internet.com
denochemexicana.com
eventhalfkg.com
medcon-taiwan.com
life-himawari.com
myriamshomes.com
nightmarevue.com
healthandfitnesslives.com
androidnews-jp.com
allstarsru.com
bestofthebuckeyestate.com
bestofthefirststate.com
bestwireless7.com
britsmile.com
declarationintermittent.com
findhereall.com
jingyou888.com
lsm99deal.com
lsm99galaxy.com
moozatech.com
nuagh.com
patliyo.com
philomenamagikz.net
rckouba.net
saturnunipessoallda.com
tallahasseefrolics.com
thematurehardcore.net
totalenvironment-inthatquietearth.com
velislavakaymakanova.com
vermontenergetic.com
kakakpintar.com
jerusalemdispatch.com
begorgeouslady.com
1800birks4u.com
2wheelstogo.com
6strip4you.com
bigdata-world.net
emailandco.net
gacapal.com
jharpost.com
krishnaastro.com
lsm99credit.com
mascalzonicampani.com
sitemapxml.org
thecityslums.net
topagh.com
flairnetwebdesign.com
rajasthancarservices.com
bangkaeair.com
beneventocoupon.com
noternet.org
oqtive.com
smilebrightrx.com
decollage-etiquette.com
1millionbestdownloads.com
7658.info
bidbass.com
devlopworldtech.com
digitalmarketingrajkot.com
fluginfo.net
naqlafshk.com
passion-decouverte.com
playsirius.com
spacceleratorintl.com
stikyballs.com
top10way.com
yokidsyogurt.com
zszyhl.com
16firthcrescent.com
abogadolaboralistamd.com
apk2wap.com
aromacremeria.com
banparacard.com
bosmanraws.com
businessproviderblog.com
caltonosa.com
calvaryrevivalchurch.org
chastenedsoulwithabrokenheart.com
cheminotsgardcevennes.com
cooksspot.com
cqxzpt.com
deesywig.com
deltacartoonmaps.com
despixelsetdeshommes.com
duocoracaobrasileiro.com
fareshopbd.com
goodpainspills.com
hemendekor.com
kobisitecdn.com
makaigoods.com
mgs1454.com
piccadillyresidences.com
radiolaondafresca.com
rubendorf.com
searchengineimprov.com
sellmyhrvahome.com
shugahouseessentials.com
sonihullquad.com
subtractkilos.com
valeriekelmansky.com
vipasdigitalmarketing.com
voolivrerj.com
worldhealthstory.com
zeelonggroup.com
1015southrockhill.com
10x10b.com
111-online-casinos.com
191cb.com
3665arpentunitd.com
aitesonics.com
bag-shokunin.com
brightotech.com
communication-digitale-services.com
covoakland.org
dariaprimapack.com
freefortniteaccountss.com
gatebizglobal.com
global1entertainmentnews.com
greatytene.com
hiroshiwakita.com
iktodaypk.com
jahatsakong.com
meadowbrookgolfgroup.com
newsbharati.net
platinumstudiosdesign.com
slotxogamesplay.com
strikestaruk.com
techguroh.com
trucosdefortnite.com
ufabetrune.com
weddedtowhitmore.com
12940brycecanyonunitb.com
1311dietrichoaks.com
2monarchtraceunit303.com
601legendhill.com
850elaine.com
adieusolasomade.com
andora-ke.com
bestslotxogames.com
cannagomcallen.com
endlesslyhot.com
iestpjva.com
ouqprint.com
pwmaplefest.com
qtylmr.com
rb88betting.com
buscadogues.com
1007macfm.com
born-wild.com
growthinvests.com
promocode-casino.com
proyectogalgoargentina.com
wbthompson-art.com
whitemountainwheels.com
7thavehvl.com
developmethis.com
funkydogbowties.com
travelodgegrandjunction.com
gao-town.com
globalmarketsuite.com
blogshippo.com
hdbka.com
proboards67.com
outletonline-michaelkors.com
kalkis-research.com
thuthuatit.net
buckcash.com
hollistercanada.com
docterror.com
asadart.com
vmayke.org
erwincomputers.com
dirimart.org
okkii.com
loteriasdecehegin.com
mountanalog.com
healingtaobritain.com
ttxmonitor.com
nwordpress.com
11bolabonanza.com