Challenges to GOP's Push Against Overseas Ballots in Michigan and North Carolina Thwarted
ICARO Media Group
### Setbacks for GOP Challenges to Overseas Ballots in Michigan and North Carolina
Republican efforts to contest the validity of ballots cast by U.S. citizens living abroad, including military personnel, faced significant hurdles on Monday. Legal challenges in both Michigan and North Carolina were dismissed by state judges, dealing a blow to the GOP’s attempts to influence upcoming elections.
In Michigan, Judge Sima Patel of the state's Court of Claims dismissed one of the three lawsuits filed by Republican groups. Patel criticized the timing of the case, labeling it as an "11th hour attempt to disenfranchise these electors in the November 5, 2024 general election.” This ruling comes despite long-standing state practices, in compliance with federal law, allowing uniformed service members and other expatriate citizens to vote.
Michigan's guidance aligns with the requirements of the Uniformed and Overseas Citizens Absentee Voting Act. According to this guidance, U.S. citizens who have never resided in the United States but have a parent, legal guardian, or spouse last domiciled in Michigan are eligible to vote, provided they have not registered or voted in another state. The Republican National Committee argued that these voters do not fulfill Michigan’s constitutional residency prerequisites, but Judge Patel confirmed that state and federal laws, as well as the Michigan Constitution, support their eligibility.
Similarly, in North Carolina, the Republican National Committee's request to segregate and halt the counting of ballots from certain overseas voters was denied by Superior Court Judge John Smith. The RNC questioned the legitimacy of absentee voting by citizens born abroad to parents or legal guardians formerly domiciled in North Carolina. Judge Smith pointed out that the RNC provided "absolutely no evidence that any person has fraudulently claimed that exemption and actually voted in any North Carolina election."
Judge Smith’s ruling also highlighted that the election rule under scrutiny has been in effect since at least 2011, having been enacted with bipartisan support. He emphasized that both involved parties have participated in multiple elections under this statute without raising prior objections.
A decision is also pending in a related federal lawsuit brought by six Republican U.S. House Representatives from Pennsylvania. Legal experts believe these challenges are unlikely to succeed, particularly as they were initiated after the distribution of ballots to overseas voters had already commenced. However, there is growing concern among experts that these legal actions may be setting a precedent for future disputes over election results.