Trump administration removed a voting option for Americans who have never lived in the US, sparking a new lawsuit
The Trump administration removed a checkbox from a federal voting form used by Americans living overseas, and the Democratic National Committee (DNC) is now suing over the change just weeks before the 2026 midterm elections. The lawsuit, filed Thursday, alleges that the Department of Defense improperly changed the form after declaring an emergency, according to the Associated Press.
Used by military members, their eligible families, and U.S. citizens living abroad, the Federal Post Card Application (FPCA) allows overseas voters to register and request absentee ballots. Until August, applicants could indicate whether they intended to return to the United States, were uncertain about returning, or had never lived in the country. The change comes as the administration faces another legal fight over mail voting ahead of the midterms.
The removed category applies to U.S. citizens born abroad who have never established residence in the United States. Voting eligibility for these Americans varies by state, but the Federal Voting Assistance Program says some states allow citizens born overseas to vote absentee based on a parent’s state of residence. AP reported that 38 states allow certain voters in this category to cast ballots when they have close family connections.
The Pentagon says it needed to change the form quickly
The Department of Defense sought emergency approval for the changes in August, less than 90 days before the next federal election. The department said the emergency process was necessary because there was not enough time to complete the standard approval process before the election.
The Pentagon also said the changes were intended to address ‘confusion surrounding the form’ and ensure that its instructions complied with federal law. The revised FPCA includes other changes beyond the removal of the checkbox, including changes in voter identification.
The DNC disputes the government’s handling of the revision, allegong that the administration improperly bypassed the usual notice and comment requirements under the Administrative Procedure Act. The organization is asking the court to block the revised form and restore the previous version.
The change affects a specific group of overseas voters
The dispute does not concern every American living abroad. It specifically involves U.S. citizens who have never lived in the United States and whose eligibility to vote can depend on their parents’ state residency. The Federal Voting Assistance Program says voting eligibility for these citizens varies by state.
AP reported that 38 states allow certain citizens who have never lived in the United States to vote under state laws. Those voters have faced separate legal challenges in several states, including North Carolina, where a recent ruling addressed whether certain never-resided voters could have their ballots counted.
The federal lawsuit comes as the Nov. 3 midterm election approaches. The court will now consider whether the administration followed the required procedure when it changed the FPCA and whether the previous version of the form should be restored before overseas voters complete their ballot requests.
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