The Trump administration and the Republican National Committee are challenging the voting rights of never-resided Americans, defined as U.S. citizens who have never lived in the United States and are eligible to vote in federal elections in many states.

About 2.2 million voting-age citizens live abroad, per FVAP’s 2024 report, and overseas ballots are often counted after Election Day, fueling concerns in tight races.

Overseas and military voting falls under UOCAVA and UMOVA, with ongoing debates over how these laws apply to never-resided voters, including concerns about taxation without representation.

Officials in Alaska, Maine, and Michigan say they will count all overseas ballots, highlighting persistent disputes over never-resided voters and ballot counting.

The Department of Defense and FVAP have taken steps viewed by overseas voting authorities as restricting never-resided voters, such as removing references to never-resided voters from materials and temporarily taking FVAP resources offline.

Analysts note the fluidity of never-resided voters, many of whom later establish U.S. residency, complicating assessments of disenfranchisement and turnout.

The Democratic National Committee, Democrats Abroad, and voting rights advocates argue these changes disenfranchise eligible citizens and could affect close races, prompting lawsuits and coordinated advocacy.

The RNC has filed lawsuits in eight states since 2024 arguing that never-resided voting is illegal, and in North Carolina a judge ruled in the RNC’s favor, a ruling that other states have appealed or challenged.

North Carolina’s 2011 UMOVA-based overseas voting law has been a focal point, with the RNC winning a ruling in 2024 and ongoing challenges in Nebraska, Michigan, Arizona, Colorado, Nevada, New Jersey, and Virginia.