The Democratic National Committee filed a federal lawsuit challenging modifications made to the Federal Post Card Application, the form used by overseas Americans to register and request absentee ballots. The changes, implemented by the Pentagon in August, removed an option allowing voters to identify themselves as US citizens who had never lived in the country.
The Pentagon submitted emergency requests to modify the form as the deadline for sending overseas ballots approached, citing concerns that the existing version could confuse voters about required information. The office of management and budget approved the requests without following standard procedures that would allow for public comment. According to DNC lawyers, the government has over 15 years of experience managing this category of voters and the rushed justification was implausible and pretextual.
DNC officials and voting rights experts argued the form changes may discourage eligible voters from participating, as citizens may not recognize themselves in the revised options or may hesitate to sign under penalty of perjury if they cannot accurately describe their circumstances. The US Vote Foundation emphasized that federal law guarantees overseas citizens the right to vote regardless of residency history, and that changing the form does not alter that legal right.
The DNC alleges the Pentagon violated the Administrative Procedure Act by bypassing required rulemaking procedures. The lawsuit, filed in federal court in Washington DC, seeks to have the changes declared illegal and set aside. An estimated 2.2 million US citizens living abroad are eligible to vote, though the precise number of those who have never lived in the country is unclear, with a 2016 government estimate placing the figure at approximately 11,590.
The Pentagon did not respond to requests for comment. The case reflects broader disputes over voting eligibility for US citizens born abroad, with the Republican National Committee having filed lawsuits in nine states challenging policies that allow such voters to cast ballots.
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