The Republican National Committee (RNC) has moved to challenge Virginia’s legislation that permits specific non-residents to register and participate in elections.
The lawsuit focuses on provisions within Virginia law related to the federal Uniformed and Overseas Citizens Absentee Voting Act, enacted through the state’s Uniform Military and Overseas Voters Act.
One key provision defines a “covered voter” as an overseas individual born outside the U.S. who has never registered or voted elsewhere. Their eligibility to vote is based on their parent’s last residency before leaving the U.S., sidestepping traditional residency rules.
Moreover, this law allows individuals with no ties to Virginia—and in some cases, the U.S.—to register using the Federal Post Card Application or other Virginia voter registration processes. Applicants categorize themselves as U.S. citizens living abroad, using their last known U.S. address according to their parents.
Election officials then assign these individuals to Virginia precincts and issue absentee ballots. This system was integrated into Virginia law in 2012, allowing for overseas military and absentee voting, with particular provisions added to comply with federal mandates.
Recently, the RNC, alongside RITE PAC and Virginia resident Matthew Hurtt, filed a suit against the Virginia State Board of Elections and related authorities, challenging the constitutionality of specific code sections.
The lawsuit claims that Va. Code §§ 24.2-452(1)(e) and 24.2-456 permit individuals who have never lived in the state to vote, contravening the residency requirements outlined in the Virginia Constitution. The lawsuit articulates that while Virginia can assist qualified voters living abroad, it cannot extend voting rights to those without any residency history in the state.
The complaint states that assignment of voting residence based solely on a parent’s previous eligibility undermines constitutional mandates, allowing non-residents to participate in federal elections.
Furthermore, it has been pointed out that some approved registrations explicitly acknowledge that applicants have never lived in the U.S.
RNC Chairman Joe Gruters commented on the matter, asserting, “Individuals who have never lived in Virginia—or the United States—should not have the right to vote in Virginia elections. The actions taken by Virginia officials conflict with the state’s Constitution, allowing ineligible voters to participate.”
The plaintiffs argue that these provisions dilute the votes of legitimate Virginia residents, add unnecessary complexity for political parties, and threaten electoral integrity. They believe Virginia can meet federal requirements for true overseas residents without creating registered voters lacking any meaningful connection to the state.
Similar legal actions in other states have successfully upheld residency requirements, with courts ruling against the registration of those without prior residency ties. This lawsuit seeks a declaration that the contested provisions violate the Virginia Constitution by enabling voting among never-residents, along with a request for injunctive relief to halt enforcement.
