The GOP made similar cases in both Michigan and North Carolina, arguing that U.S. citizens who live overseas but have not resided in the state they would be voting in should not be allowed to vote. Both lawsuits were rejected in the states. 

For years, Michigan has allowed eligible residents, uniformed service members, and other citizens living outside the United States to vote in federal elections, which is required by federal law. 

Information on the matter from Michigan’s secretary of state says, “A United States citizen who has never resided in the United States but who has a parent, legal guardian, or spouse who was last domiciled in Michigan is eligible to vote in Michigan as long as the citizen has not registered or voted in another state.”

Judge Sima Patel of Michigan’s Court of Claims said the RNC filed the lawsuit too late, calling it an “11th-hour attempt to disenfranchise” spouses and children of former Michigan residents who now live abroad.

“The federal government requires states to permit absent uniformed services and overseas voters, as well as their spouses and dependents, to apply for and vote,” Patel wrote.

Last week, Michigan officials said they had received about 16,000 requests for overseas ballots.

In North Carolina, the RNC’s request for an emergency court order to require election officials to set aside ballots from overseas voters who had not lived in the state was denied by Wake County Superior Court Judge John W. Smith.

Smith said there was “absolutely no evidence that any person has ever fraudulently claimed that exemption and actually voted in any North Carolina election.” 

He noted that the election rule the RNC challenged “has been on the books at least since 2011 as a bill adopted with bi-partisan support,” adding that both sides of this lawsuit “have been involved in elections under the existing statute since its passage without complaint.”

Civilian voters abroad began outnumbering the number of military voters overseas starting in 2016, but the military vote has been trending less Republican in recent elections.

Former President Donald Trump and his GOP allies claimed these cases were essential to securing election integrity this year.

A similar federal lawsuit was brought by GOP Pennsylvania Reps. Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker, Mike Kelly, and Scott Perry, all six of whom did not vote to certify the results of the 2020 election. Legal experts believe it will turn out similarly to Michigan and North Carolina as this issue was filed after state officials began sending out ballots to overseas voters. A ruling is expected soon.

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Louis Caldera, a former secretary of the Army, told the Hill that the lawsuits send “completely the wrong message” to military voters with a lengthy voting registration process. 

“There has not been a problem. No one can point to any case of a military member voting who was not entitled to vote,” he said. “It’s very disturbing.”