The Republican National Committee’s lawsuit to try to strip thousands of Americans living overseas of the right to vote has been thrown out by a Michigan court.
According to the liberal elections outlet Democracy Docket, “In a sweeping opinion, the Michigan Court of Claims dismissed the case brought by the Republican National Committee and state Republicans, upholding a law that allows certain U.S. citizens living overseas to inherit voting rights from their families in Michigan.”
The law in question — which was also unsuccessfully challenged by the GOP two years ago — grants the right to vote to legal-age children and spouses of Michigan residents living abroad, even if those family members have never lived in Michigan themselves, using the last Michigan address of their relative. Such a law would be useful in particular for the families of military servicemembers stationed overseas.
The GOP argued that the law violated residency requirements laid out in the Michigan constitution — but state judge Sima Patel disagreed, saying the legislature has discretion to set residency requirements for voting purposes.
“At stake in this case is the right of the spouses and dependents of absent uniformed services and overseas voters (collectively ‘the subject group’) to register to vote and cast [absentee ballots] in Michigan,” said the opinion. “Both federal and state law protect the right of the subject group to vote by [absentee ballot]. The federal government requires states to permit absent uniformed services and overseas voters, as well as their spouses and dependents, to apply for and vote by [absentee ballot].”
Republicans are currently moving forward with a similar lawsuit against overseas voters in Virginia.
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