Ballots Beyond Borders: Legal Showdown Erupts Over Overseas Voting in U.S. Elections

"We are fighting to protect every legal vote, including from military and overseas citizens, to not be canceled by ineligible votes," said RNC spokeswoman Claire Zunk.

There are just under 3 million Americans living overseas who are eligible to vote in U.S. elections. While the rate of participation has historically been quite low—a meager 3.4% of eligible voters in 2022—both parties believe it could have a sizable impact on the upcoming election. As Democrats ramp up efforts to engage expats, Republicans are seeking increased scrutiny towards international ballots and greater protections on election integrity.

The Republican National Committee (RNC) and affiliated Republican groups have filed lawsuits in Michigan, North Carolina and Pennsylvania questioning the eligibility of overseas voters who, based on state law, may not meet requirements for residency in the aforementioned states. One of the complaints, for instance, cites prior case law (Promote the Vote v. Sec’y of State) to make that case that “while the right to vote in Michigan is ‘an absolute constitutional right,’ ‘certain requirements must be met before an individual can exercise his or her fundamental political right to vote.’” 

In other words, if an American is ineligible to claim residency in Michigan according to its state constitution—and they also now also live in another country—are they not ineligible to vote in U.S. elections? A voting residence must be established before the individual becomes eligible to vote overseas. And, currently, a person's voting residence is simply their last U.S. place of residence before moving abroad. 

It is, without a doubt, an interesting legal question. Do states have the authority to set requirements for residency—and thus make determinations about one’s ability to vote—or are such laws to be superseded by federal laws, like the Uniformed And Overseas Citizens Absentee Voting Act, which exist to protect overseas voting? 

Republicans hope the legal challenges will pave the way for more robust verification processes to ensure that ballots are proven to be legitimate before being counted. So far, judges are dismissing their complaints. Michigan Court of Claims Judge Sima Patel went as far as to call the effort an "11th hour attempt to disenfranchise" voters. 

"We are fighting to protect every legal vote, including from military and overseas citizens, to not be canceled by ineligible votes," said RNC spokeswoman Claire Zunk. She also stated that the RNC is also in the process of appealing Patel’s decision.

Meanwhile, Democrats are continuing to invest heavily in racking up as many votes as they can from voters living outside the U.S. Through Democrats Abroad, the DNC hosts “online programs that include webinars with left-leaning leaders and grassroots organizers, weekly actions, virtual ‘marches,’ and phonebanking.” Its Chair, Martha McDevitt-Pugh made the bold claim that 2024 will see a 100% increase in Americans abroad registering to vote.

"We know that in 2020, the overseas votes delivered the election win for President Biden in Georgia and in Arizona, and without that, the election would not have potentially gone the way it did,” said Kristin Wolfe, Chair of Democrats Abroad UK. “So we were the margin of victory."

One of the group’s stated goals is “turning US-based activities into worldwide movements.” Indeed, it already seems that national elections—both in and out of the U.S.—are becoming increasingly international affairs. Earlier this year, Mexico held its first election in which voters living abroad could participate (97% of its 12 million expats live in the United States). Similarly, the UK rolled back voting restrictions on an estimated 3 million Britons living abroad for the first time in 15 years. 

On top of the global nature of these high profile elections, this year was also dubbed the “biggest election year in human history.” According to data compiled by the United Nations Development Programme, around 3.7 billion people had or will have the ability to cast a vote in national elections across 72 countries. And millions therein may have participated in several within the year, whether or not they lived within said countries. Such is the way of modern elections.

“While Democrats want an election system that disregards the law, we are committed to election integrity across the country,” said RNC Chairman Michael Whatley. “North Carolinians and Michiganders should not have their votes canceled by those who’ve never lived in the state in the first place – plain and simple. This is illegal and we will stop it. 

“We’re going to win this election by engaging every eligible voter, no matter where they live, and our investment shows our commitment to leaving no stone left unturned,” claimed DNC Deputy Communications Director Abhi Rahman.