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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

Emergency approval of the change came weeks before states had to send midterm ballots overseas

Today: Reporting reveals removed checkbox and emergency approval

Overview

Updated 1 hour ago

The Pentagon removed a checkbox from the two federal forms that overseas U.S. citizens use to register and vote by mail. The category covers citizens born abroad who have never lived in the United States, and the change cleared emergency review weeks before states had to send midterm ballots.

Some states let these 'never-resided' voters cast ballots through a parent's or guardian's last U.S. address. The revised forms give them no box to check, though state officials can still process older versions. The change follows Republican lawsuits that won in North Carolina and lost twice in Michigan.

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 GOP officials have sued over never-resided voting
Won in North Carolina, lost twice in Michigan, active in Arizona and at least five other states.
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.

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People Involved

SD
Susan Dzieduszycka-Suinat
President, Vote From Abroad Foundation
Publicly warning the form change will confuse eligible overseas voters
 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

FV
Federal Voting Assistance Program (FVAP)
Federal program office
Administered the form revisions

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

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

The national committee of the Republican Party, which has sued in multiple states to block never-resided citizens from voting.

Timeline

2013 September 2026

6 events Latest: Today
Tap a bar to jump to that date

  1. Reporting reveals removed checkbox and emergency approval

    Today Disclosure

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

  2. Federal deadline for states to send ballots

    Deadline

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

  3. White House approves; revised forms released

    Regulatory

    OMB approves emergency requests; FVAP announces forms updated and opens a public comment period.

  4. Pentagon files emergency requests to revise forms

    Regulatory

    Submits emergency asks to bypass normal federal review, citing fewer than 90 days to the election.

  5. GOP begins legal push against never-resided voters

    Legal

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

  6. 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

Likely Resolves by 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

Possible Resolves by 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.

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

(4)
NPR Georgia Public Broadcasting Democracy Docket Election Law Blog