Republican Pushback and Legal Hurdles for New PA Mail-In Ballot Rules

Vote-by-mail envelopes and application form with a pen.

Republican groups have filed lawsuits challenging overseas voting regulations in multiple states, raising concerns about election integrity and military voter disenfranchisement.

At a Glance

  • Republican lawsuits target overseas and military voting in Pennsylvania, Michigan, and North Carolina
  • Challenges focus on voter identification and residency requirements for overseas voters
  • Over 938,000 overseas and military voters had ballots counted in the 2020 election
  • Legal experts warn these lawsuits could undermine confidence in the electoral process
  • Election officials stress the importance of protecting voting rights for overseas and military citizens

Republican Challenges to Overseas Voting

Republican groups have launched legal challenges in Pennsylvania, Michigan, and North Carolina, questioning the validity of ballots cast by U.S. citizens living abroad, including military members. These lawsuits target the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986, which allows military members and their families to vote absentee in federal elections. The challenges come as Pennsylvania prepares to send over 25,000 ballots to overseas voters for the current election cycle.

The Republican National Committee (RNC) argues that Pennsylvania’s election rules do not require overseas voters to show identification, allegedly circumventing federal identity verification requirements. However, federal law exempts overseas voters from providing identity documents, allowing them to use a driver’s license number or Social Security number instead.

Residency Requirements and Voter Eligibility

In Michigan and North Carolina, the RNC is questioning the eligibility of certain overseas voters, arguing they do not meet state residency requirements. This has raised concerns about potential disenfranchisement of military voters and other U.S. citizens living abroad.

“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.” – Michael Whatley

State election offices contend that these rules have been in place for years to minimize voting barriers for U.S. citizens abroad. Patrick Gannon, a spokesperson for the North Carolina State Board of Elections, explained the state’s position:

“The plaintiffs have challenged a state law that allows US citizens living abroad to vote in North Carolina elections when these voters’ only residential connection to a US state is through their parents’ former residence in North Carolina. Otherwise, these US citizens have no other way to vote in US elections.” – Source

Potential Impact on Military Voters

The lawsuits request that UOCAVA ballots be set aside until voter eligibility is confirmed, which could significantly disrupt election processes. This has sparked criticism from both legal experts and politicians who warn of the potential disenfranchisement of military voters.

“Undercutting confidence in our free and fair elections by disenfranchising our service men and women is unacceptable.” – Democratic Rep. Pat Ryan

Former President Donald Trump has also weighed in on the issue, criticizing overseas voters not connected to the military and alleging, without evidence, that Democrats aim to dilute military votes. These statements have further intensified the debate surrounding overseas voting regulations.

Legal Outlook and Electoral Implications

Legal experts believe these lawsuits are unlikely to succeed due to procedural issues and timing. However, concerns remain that these challenges may discourage eligible voters and sow doubt about election results. Election officials emphasize the importance of maintaining trust in the electoral system and protecting the voting rights of overseas and military citizens.

As the legal battles unfold, the outcome of these challenges could have significant implications for the upcoming election and the future of overseas voting rights in the United States. The courts’ decisions will likely shape the landscape of absentee voting for military members and overseas citizens in the years to come.

Sources:

  1. What to know about Republican challenges to overseas and military voting
  2. Republicans Ask Pa. Court to Pause Decision on Ballot Envelope Rules