In recent weeks, Republicans have been challenging how states handle overseas voters, including members of the military stationed abroad. The latest voting method to come under scrutiny is governed by federal law and implemented by states. Former President Donald Trump did not challenge this process in 2020, but with a tight race between Trump and Vice President Kamala Harris approaching, Republicans are positioning themselves for potential post-election challenges should Trump lose. This comes as ballots have already been sent to overseas and military voters under a federally mandated deadline. Trump and his allies claim these ballots could be part of a scheme to steal the election from him, although there is no evidence to support this claim. The challenge arises as the recipients of these ballots are increasingly from groups presumed to be Democratic.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), signed into law in 1986 by President Ronald Reagan, allows certain groups of citizens to register and vote absentee in federal elections. This includes military members, their families, and U.S. citizens living abroad. In 2020, states sent over 1.2 million ballots to military and overseas voters, with a majority being returned and counted. The demographics of these voters have shifted in recent years, with overseas citizens accounting for a majority of registered voters in 2020. While military voters are traditionally assumed to lean Republican, other overseas voters are seen as likely Democratic voters. This shift could be driving the current Republican challenges to how states handle overseas voting.
Overseas voters can register and request absentee ballots using the federal postcard application, which allows for electronic submission in many states. This aims to address challenges such as slow or unavailable mail delivery for military and overseas voters. The application requires applicants to provide personal information such as name, address, birth date, Social Security number, and driver’s license. Each applicant must also sign an oath confirming their eligibility to vote as a U.S. citizen. Overseas voters can use an address where they have not lived for several years, with most states allowing those born overseas but never lived in the U.S. to register using a parent’s last residential address.
In Pennsylvania, a group of Republican members of Congress is seeking a federal judge’s order to verify the identity and eligibility of military and overseas voters. They aim to keep these ballots separate from others in the upcoming election, citing concerns of ineligible votes. Republicans in Michigan and North Carolina are also challenging the allowance of overseas voters who have never lived in those states to cast ballots. These claims of fraud and illegality in the overseas voting process have emerged close to the November election, echoing past allegations by Trump of widespread election fraud. Despite reviews, recounts, and audits affirming the legitimacy of past elections, Trump continues to sow doubt about election integrity, particularly when facing potential defeat.
Election officials have emphasized that challenges to state laws and procedures related to overseas voting should be addressed well before an election begins. In North Carolina and Michigan, where recent challenges have arisen, officials point to existing laws and procedures that have been in place for years. State offices follow standard protocols to verify the identity of all voters, including military and overseas voters who must renew their status annually. Any ineligible votes cast are investigated, with severe penalties for those found to have lied on their voter forms. The Democratic National Committee has filed motions to dismiss some of the Republican lawsuits, arguing that these legal challenges could disrupt election administration and potentially disenfranchise eligible voters. The ongoing disputes highlight the contentious nature of election integrity and voter eligibility in the current political climate.
