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Judges in Michigan and North Carolina on Monday dismissed lawsuits filed by the Republican National Committee and others that sought to challenge overseas ballots cast by voters who had never resided in those states.
The rulings in these two separate cases on Monday represent setbacks for Republicans aiming to target the overseas vote. The vote has traditionally been regarded as vital due to its connection to military personnel but could now become an important bloc for Democrats, as the number of civilian expatriates overseas has surpassed that of military voters serving abroad.
Former President Donald Trump and his GOP allies have promoted these cases as crucial for ensuring the integrity of the 2024 election, but their arguments were dismissed in court. The Michigan judge described the lawsuit as an “attempt to disenfranchise” voters, while the North Carolina judge stated that Republicans “presented no substantial evidence” of the fraud they claimed they were trying to prevent, CNN reported.
The RNC filed lawsuits in Michigan and North Carolina to challenge state policies that permit citizens living abroad to cast ballots in those states if their parents (or, in Michigan, their spouse) resided there before leaving the country, even if the voters themselves have never lived in those states, said the outlet.
Judge Sima Patel of Michigan’s Court of Claims stated in her ruling that Republicans filed thir lawsuit too late, describing it as an “11th-hour attempt to disenfranchise” the spouses and children of former Michigan residents currently living abroad.
In North Carolina, Wake County Superior Court Judge John W. Smith rejected the RNC’s request for an emergency court order that would have required election officials to set aside ballots from overseas voters who had not lived in the state themselves.
Smith noted in his ruling that the RNC was challenging voting policies that passed in the state with bipartisan support by the North Carolina legislature and that the Republicans “have presented no substantial evidence of any instance where the harm that plaintiffs seek to prevent has ever ‘fraudulently’ occurred.”
In Michigan and North Carolina, the policy of accepting ballots from overseas voters has been established for several years. However, starting in 2016, civilian voters living abroad began to outnumber military voters overseas, and the military vote itself has become less conservative than it once was. This election cycle, Democrats announced a six-figure investment aimed at mobilizing eligible Democrats abroad, particularly those who can vote in battleground states, CNN reported.
Michigan Republicans referenced reports of this turnout effort in their court filings regarding their challenge in the state.
Still, Patel pointed out in her ruling that the RNC’s lawsuit in Michigan was filed just a few weeks before Election Day and well after the federal deadline for states to send ballots to overseas voters.
“It would be extremely difficult or impossible for defendants to design and carry out a program to reject potentially thousands of [absent voter ballots] at this time,” Patel wrote, while noting the “myriad tasks in the final days leading up to a general election” that election officials currently face.
“It is hard to imagine a more prejudicial situation arising from plaintiffs’ delay,” she wrote.
Patel was also unconvinced by Republicans’ arguments that the voter residency requirements in the Michigan Constitution prevent the state law allowing overseas citizens, who had never lived in Michigan, to vote there based on sufficient family ties. The judge supported the arguments presented by election officials defending the policy, who contended that Michigan’s Constitution also grants the legislature the authority to expand the pool of eligible voters, CNN reported.
Michigan officials reported last week that they have received approximately 16,000 requests for overseas ballots, and while that is a very tiny number considering the state has 8.4 million registered voters, recent elections have been won or lost by fewer votes in the battleground states.
