Election integrity advocates are challenging thousands of overseas votes in Pennsylvania, arguing people who are not residents of the state or members of the military are ineligible to cast ballots there under state law. However, federal law allows Americans overseas to vote in the last state where they were resident if they are unsure of when they will return to the U.S.
More than 4,000 overseas votes face challenges across 14 Pennsylvania counties, many by the Election Research Institute. The American Civil Liberties Union (ACLU) argues that these challenges are baseless, asserting that U.S. federal law overseas voting trumps Pennsylvania law requiring voters to be residents. ACLU lawyers have issued a letter to all 67 counties urging a summary rejection of such challenges.
Recent legal decisions by Pennsylvania’s state supreme court and the U.S. Supreme Court have led to additional stipulations regarding mail-in ballots, including requirements for correct dating and protective sleeves.
In October, five Republican Congressmen launched a legal challenge against overseas voting oversight in Pennsylvania, complaining the swing state’s officials are facilitating fraud by having “issued directives and guidance to county officials to exempt [Uniformed and Overseas Citizens Absentee Voting Act] applicants entirely from any verification requirements.”
