North Carolina Overseas Voters Challenge

Lawsuit filed by the Republican National Committee (RNC), North Carolina Republican Party (NC GOP) and two voters against the North Carolina State Board of Elections (NCSBE) and its members challenging a state law that extends voter eligibility to voters who currently reside overseas. The state’s Uniform Military and Overseas Voters Act (UMOVA) grants voter eligibility to voters who may not already be protected by Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), a federal law granting some U.S. citizens overseas the right to vote. One provision of UMOVA allows individuals born overseas to parents or guardians who were North Carolina residents to vote in the state. These overseas voters are not required to have lived in North Carolina or the United States themselves. The plaintiffs argue this provision grants non-residents the right to vote, in violation of the state constitution, which grants the right to vote only to residents of North Carolina. They ask the court to permanently block the provision of UMOVA and declare it  unconstitutional. They also request an order requiring election officials to stop processing ballots from any UMOVA voters suspected of non-residency, remove the option for these voters to request an absentee ballot, reject any new registrations from them and ensure none of their ballots are counted in any future elections unless they can provide identification that proves their residency. On Oct. 21, 2024, the trial court denied the plaintiffs’ motion for preliminary injunction. On Oct. 22, the plaintiffs filed their notice appealing this decision to the North Carolina Court of Appeals.

STATUS: On Oct. 29, 2024, the North Carolina Court of Appeals denied the plaintiffs’ petition for writ of supersedeas appealing the trial court’s denial of their motion for preliminary injunction. Individuals born overseas to parents or guardians who were North Carolina residents will be allowed to vote in North Carolina in the November election.

On Nov. 1, the Republican plaintiffs asked the North Carolina Supreme Court to pause the lower court’s ruling pending appeal and take up the case for review.

Last updated: November 4, 2024 1:00 pm EST