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The Democratic National Committee sued the Trump administration Thursday over changes to a federal voting form for Americans living overseas, alleging the Pentagon used an emergency process to make it harder for some U.S. citizens to register and cast absentee ballots.
The lawsuit targets changes to the Federal Post Card Application, or FPCA, the form used by military personnel and other Americans overseas to register to vote and request absentee ballots. The DNC alleges the Department of Defense removed a checkbox that allows citizens who have never lived in the United States to identify themselves as such when registering.
The administration justified the change through an emergency review process. Federal records say the Defense Department sought emergency approval to revise the FPCA and a related absentee-ballot form, citing the need to eliminate voter confusion and ensure the forms comply with the Uniformed and Overseas Citizens Absentee Voting Act and the Help America Vote Act. The request specifically called for removing what the department described as an inaccurate eligibility checkbox for citizens who have never lived in the United States.
The DNC argues the administration improperly bypassed the normal notice-and-comment process and that the change could prevent eligible Americans from voting.
Who could be affected
The affected voters are generally U.S. citizens born and raised overseas who have never established residency in the United States, including children of American citizens.
Their eligibility varies by state. The U.S. Election Assistance Commission says many states allow citizens who have never resided in the country to vote absentee using a parent’s last U.S. residence, while others impose different requirements.
The previous federal form included a specific option for citizens who had never lived in the United States. State election materials for 2026 still reflected that category before the federal revision.
The lawsuit says roughly 11,500 Americans in this category cast ballots in 2016 and argues the number has likely increased.
Some affected voters are already registered and could still receive ballots. Others may attempt to use different categories on the form, including options for citizens who intend to return to the United States or whose plans to return are uncertain.
Change comes amid GOP efforts targeting overseas voters
The dispute comes as Republicans have pursued litigation challenging the ability of some Americans who have never lived in the United States to vote in state elections.
Republicans have successfully challenged those voters’ eligibility in North Carolina, while similar efforts have faced setbacks elsewhere, including Michigan. The legal fights have focused on how states interpret UOCAVA, the federal law governing voting by military personnel and U.S. citizens living overseas.
The timing of the federal form change has drawn additional scrutiny because overseas ballots for the November election are approaching key mailing deadlines.
UOCAVA requires states to provide absentee voting opportunities to eligible military and overseas voters, while the Defense Department is responsible for prescribing the federal postcard application used in the process.
Hegseth’s comments add to political scrutiny
The administration’s changes also follow Defense Secretary Pete Hegseth’s public encouragement of military personnel to vote in large numbers.
Hegseth has suggested that military voters could have an outsized effect on elections, including by casting enough ballots to outweigh Democratic-leaning jurisdictions.
Under UOCAVA, however, voting protections extend beyond active-duty service members. The law also covers eligible family members and U.S. citizens residing overseas, meaning the federal government must administer the process for a broader population than military voters alone.
The DNC argues the administration’s treatment of the “never resided” category must be viewed against that broader legal obligation.
Administration faces broader legal challenges over overseas voting
The lawsuit is part of a larger legal fight over the Trump administration’s efforts to change federal election procedures.
A separate federal court previously ruled that a presidential directive requiring documentary proof of citizenship for the FPCA exceeded the president’s authority under UOCAVA.
The latest lawsuit asks the court to halt distribution of the revised form and restore the previous version, including the checkbox for citizens who have never lived in the United States.
The Defense Department did not immediately respond to a request for comment.
For Americans living abroad who are eligible to vote, the case could determine whether a form change made weeks before the midterm election becomes a temporary administrative adjustment or a lasting change to how overseas citizens establish their voting eligibility.
