Overseas Voting Under Attack: Legal Battles Erupt as GOP Challenges Absentee Ballots

Republicans have filed lawsuits in Michigan, North Carolina, and Pennsylvania, key battleground states in the 2024 election, seeking to restrict overseas voting by military personnel and Americans living abroad [1]. The Overseas Citizens Absentee Voting Act outlines the overseas voting process passed by Congress in 1986 and implemented by the states [2]. During the 2020 election, almost 900,000 ballots were cast from overseas.[3] In March of 2021, President Joe Biden issued an executive order to require the Department of Defense to facilitate voting abroad [4].

The overseas voting block has become a point of contention in the 2024 election. Overseas voters lean Democratic, and while the Democratic Party is investing to increase overseas voter turnout, the Republican Party has moved to restrict their voting ability [3]. The Republican National Committee filed lawsuits in Michigan, North Carolina, and Pennsylvania, accusing election officials of having unlawful regulations that expanded overseas voting eligibility, as they do not face the same voter ID requirements as other absentee voters [6]. Republicans claim these lawsuits are aimed at restoring faith in elections and preventing illegal voting. However, Democrats claim they are a broader strategy to sow distrust in the election [7].

Ballots have already been distributed overseas in compliance with a federal deadline [8]. Republicans are requesting that election officials verify the identities of overseas voters and ensure those ballots are kept separate from the rest of the state's ballots to prevent possible voter fraud [9]. Election officials of these states argue that the election rules can not be changed just weeks away [10].

On October 17th, a North Carolina judge tossed out part of the GOP’s claim under the Help America Vote Act but sent a separate state constitutional claim back to a North Carolina court that will be heard on October 22nd [11]. On that same day, a Michigan judge held a hearing to consider motions from both sides [12]. The Democratic National Committee has filed a motion to dismiss the Pennsylvania case [13]. All three lawsuits are still ongoing just weeks before the election.

Overall, the outcome of these lawsuits could significantly impact on the outcome of the 2024 election and future voting regulations. If successful, they could impact voter turnout abroad, and affect the current narrative on voting rights and election integrity in the current election cycle.

Sources:

1. [1] Amy Gardner, Jacqueline Alemany & Dan Lamothe, New Wave of GOP Lawsuits Target Overseas Ballots in Key Swing States, NBC News (Oct. 14, 2024), https://www.nbcnews.com/politics/2024-election/new-wave-gop-lawsuits-target-overseas-ballots-key-swing-states-rcna174934.
2. [2] Christina A. Cassidy & Nicholas Riccardi, GOP Lawsuits Target Overseas and Military Voters in Key Battleground States, Associated Press (Oct. 14, 2024), https://apnews.com/article/overseas-voters-military-ballots-election-2024-republicans-a275299f6828ec0f54133ea5614ca0df.
3. [3] Cassidy & Riccardi, supra note [2].
4. [4] Amy Gardner, Jacqueline Alemany & Dan Lamothe, Republicans Face Backlash for Lawsuits Targeting Overseas and Military Voting, Wash. Post (Oct. 14, 2024), https://www.washingtonpost.com/politics/2024/10/14/republican-lawsuit-military-ballots-backlash/.
5. [5] Cassidy & Riccardi, supra note [2].
6. [6] Adam Edelman, New Wave of GOP Lawsuits Target Overseas Ballots in Key Swing States, NBC News (Oct. 10, 2024), https://www.nbcnews.com/politics/2024-election/new-wave-gop-lawsuits-target-overseas-ballots-key-swing-states-rcna174934.
7. [7] Luc Cohen, As Trump Woos Overseas Voters, Republicans Seek Restrictions in Court, Reuters (Oct. 11, 2024), https://www.reuters.com/world/us/trump-woos-overseas-voters-republicans-seek-restrictions-court-2024-10-11/.
8. Cassidy & Riccardi, supra note [2].
9. Cassidy & Riccardi, supra note [2].
10. Cassidy & Riccardi, supra note [2].
11. Rachel Selzer, Federal Judge Dismisses Part of RNC Lawsuit to Disqualify 225K North Carolina Voters, Democracy Docket (Oct. 17, 2024), https://www.democracydocket.com/news-alerts/federal-judge-dismisses-part-of-rnc-lawsuit-to-disqualify-225k-north-carolina-voters/.
12. Michigan Overseas Voters Challenge, Democracy Docket (Oct. 8, 2024), https://www.democracydocket.com/cases/michigan-overseas-voters-challenge/.
13. Cassidy & Riccardi, supra note [2].