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Pentagon removes 'never lived in U.S.' category from overseas ballot forms

Pentagon removes 'never lived in U.S.' category from overseas ballot forms

Rule Changes

The DNC is suing over the emergency approval, and state courts keep rejecting GOP challenges to never-resided voting

October 1st, 2026: DNC sues Pentagon over the form change

Overview

Updated Oct 18

The Pentagon removed a checkbox from the two federal forms overseas voters use to register and vote by mail.

The category covered citizens born abroad who have never lived in the U.S., and the change cleared emergency review on August 26.

The Democratic National Committee sued the Pentagon over it on October 1.

The lawsuit says the emergency approval skipped required public comment; the Pentagon also took down a webpage and guide sections on never-resided eligibility.

The U.S. Vote Foundation counts 37 states and the District of Columbia that let these voters cast ballots through a parent's last U.S. address.

State courts have rejected GOP challenges in Nebraska, Michigan, Pennsylvania and Virginia.

Why it matters

Overseas citizens born abroad who can vote through family ties now face federal forms with no category for them, weeks before ballots go out.

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Key Indicators

2
Federal forms altered
The Federal Post Card Application and the Federal Write-In Absentee Ballot both lost the never-lived checkbox.
13
Years the checkbox appeared on the forms
Added in 2013, removed in the August 2026 revisions.
8
States where the RNC has sued over never-resided voting
Courts rejected challenges in Michigan, Nebraska and Virginia, plus a separate suit in Pennsylvania. The RNC is appealing in Nebraska and Michigan; cases are pending in Arizona, Colorado, Nevada and New Jersey.
90
Days to the next election cited in the emergency request
The Pentagon said fewer than 90 days remained, which let it bypass normal federal review.
1
Federal lawsuit filed by the DNC
DNC v. DOD, filed October 1 in US District Court for the District of Columbia, challenges the emergency approval as a violation of the Administrative Procedure Act.
37
States, plus D.C., that allow never-resided citizens to vote
Count per the U.S. Vote Foundation; eligible voters can register through a parent's or guardian's last U.S. address.

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People Involved

SD
Susan Dzieduszycka-Suinat
President and CEO, U.S. Vote Foundation
Publicly warning the form change will confuse eligible overseas voters; notes old forms still count
 Sean O'Keefe
Sean O'Keefe
Deputy Under Secretary for Personnel and Readiness, Department of Defense
Signed the letter requesting emergency approval of the form changes

Organizations Involved

Federal Voting Assistance Program (FVAP)
Federal Voting Assistance Program (FVAP)
Federal program office
Administered the August form revisions; a DNC lawsuit filed October 1 challenges them. Older form versions remain acceptable.

The Defense Department office that provides federal registration and absentee ballot forms to military members, their families, and overseas civilians.
Office of Management and Budget (OIRA)
Office of Management and Budget (OIRA)
White House budget office
Approved the emergency form change on August 26; a DNC lawsuit challenges the decision

The agency that approves federal forms under the Paperwork Reduction Act and can grant emergency approvals near an election.
Republican National Committee
Republican National Committee
Political party committee
Pushing court challenges against never-resided voters; appealing losses in Nebraska and Michigan

The national committee of the Republican Party, which has sued in multiple states to block never-resided citizens from voting.
Democratic National Committee
Democratic National Committee
Party Committee
Sued the Pentagon on October 1 over the emergency form change

The national committee of the Democratic Party, which filed DNC v. DOD in the US District Court for the District of Columbia.

Timeline

2013 October 2026

11 events Latest: October 1st, 2026 · 1 month ago Showing 8 of 11
Tap a bar to jump to that date

  1. DNC sues Pentagon over the form change

    Latest Legal

    The Democratic National Committee files DNC v. DOD in US District Court for the District of Columbia, arguing the emergency approval was 'arbitrary and capricious' under the Administrative Procedure Act.

  2. State courts reject more GOP challenges to never-resided voting

    Legal

    As of the DNC filing, state courts had rejected challenges in Michigan, Nebraska, Pennsylvania and Virginia; cases remained pending in Arizona, Colorado, Nevada and New Jersey.

  3. Reporting reveals removed checkbox and emergency approval

    Disclosure

    NPR reports the Pentagon dropped the never-lived category weeks before states sent ballots.

  4. Federal deadline for states to send ballots

    Deadline

    States must mail midterm ballots to UOCAVA-covered overseas and military voters by this date.

  5. Pentagon opens public comment on the form changes

    Regulatory

    The Pentagon posts the proposed FPCA revisions in the Federal Register; the 60-day comment period ends November 9, six days after the election.

  6. Wisconsin elections office flags form change for clerks

    Regulatory

    The Wisconsin Elections Commission told county and municipal clerks the revisions are minor and don't affect eligibility; both form versions remain acceptable.

  7. FVAP removes never-resided voter resources

    Regulatory

    The Voting Assistance Guide loses its never-resided eligibility guidance and an FVAP webpage explaining the rules by state is taken down, with no change to the guide's date.

  8. OMB approves emergency revisions; revised forms released

    Regulatory

    OMB grants the Pentagon's emergency request and the revised FPCA carries only two response options for overseas civilians.

  9. Pentagon files emergency requests to revise forms

    Regulatory

    The emergency ICR says fewer than 90 days remain before the election, leaving no time for the normal federal review process.

  10. GOP begins legal push against never-resided voters

    Legal

    Republican officials file lawsuits arguing state rules for these voters violate state constitutions.

  11. Never-lived checkbox added to overseas voting forms

    Regulatory

    FPCA and FWAB add a category for citizens born abroad who never lived in the U.S.

Scenarios

1

States keep accepting old forms; no disruption for eligible voters

Deadline passed (Nov 3, 2026)

Discussed by: The Federal Voting Assistance Program, which said state officials may process previous form versions

FVAP says states administer elections and can accept any form version with the information needed to verify eligibility. If states keep processing the pre-August FPCA and FWAB, never-resided voters in eligible states lose no access and the change becomes mostly symbolic. The practical test is whether confusion deters voters before Election Day.

2

GOP court wins spread, blocking never-resided voters in more states

Deadline passed (Nov 3, 2026)

Discussed by: Republican officials pressing lawsuits in Arizona and other states

After a win in North Carolina and losses in Michigan, GOP challenges remain active in Arizona and at least five other states. A ruling against never-resided voting in any of those states would remove eligibility regardless of the federal form. The form change would then matter less because the voters would be barred at the state level anyway.

3

FVAP reverses course and reinstates the never-lived category

Possible Resolves by End of 2026

Discussed by: Voting rights advocates who argue the change will confuse eligible voters

If public scrutiny or a legal challenge pressures the Pentagon, FVAP could restore the checkbox or publish new guidance for never-resided voters. The public comment period the Pentagon opened after the change gives critics a formal channel. Reversal would return the federal forms to matching state eligibility rules.

4

Court blocks the revised forms before Election Day

Deadline passed (Nov 3, 2026)

Discussed by: The DNC, which filed suit in US District Court for the District of Columbia

The DNC asks the court to halt the revised FPCA and FWAB as arbitrary and capricious, arguing the Pentagon skipped required public comment. A ruling for the DNC would restore the never-lived checkbox or force FVAP to reissue guidance. With ballots already mailed in many states, the practical effect depends on timing.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

1986

Uniformed and Overseas Citizens Absentee Voting Act (1986)

Congress passed UOCAVA to guarantee that military members, their families, and overseas citizens could register and vote absentee in federal elections. The law created the federal forms that FVAP administers today.

Then

States gained a uniform federal mechanism for overseas and military voters who might otherwise lose their franchise while abroad.

Now

UOCAVA became the legal basis for the FPCA and FWAB forms now being revised.

Why this matters now

The forms changed this summer are instruments of UOCAVA, which defines the protected voting class and sets federal minimums that states build on.

November 2008

Minnesota Senate recount (2008)

Al Franken defeated Norm Coleman by 312 votes after a state recount in which rejected absentee ballots, including ones from military and overseas voters, were contested and selectively reconsidered.

Then

The closely decided race spotlighted how discarded absentee ballots, especially from deployed service members, could flip an election.

Now

Congress passed the Military and Overseas Voter Empowerment (MOVE) Act in 2009, expanding UOCAVA protections and making federal forms more accessible.

Why this matters now

The 2009 expansion pushed toward more access for overseas voters; today's change narrows a category on those same forms, the opposite direction.

Sources

(13)
+7
NPR Georgia Public Broadcasting Democracy Docket Election Law Blog The Washington Post Democratic National Committee Military Times Bloomberg Law Fox Watershed The Washington Sun New York Post AARO Democracy Docket