Casting a ballot and having one’s vote counted in elections are the most essential duty and right that come with U.S. citizenship. This is the case whether you’re born with citizenship or obtain it through naturalization. It is just as true for citizens living in communities in the United States as it is for those stationed or residing overseas. That’s why Congress enacted the bipartisan Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986, which President Ronald Reagan signed into law that year. This law continues to ensure that all eligible American citizens can participate in federal elections no matter where they are engaged in military or diplomatic service, travel, or residency abroad.
Now, however, a partisan group seeking to undermine faith in U.S. elections and sow mistrust in democracy has perversely enlisted UOCAVA in an effort to limit military and civilian overseas citizens’ ability to vote. It does so by asking a court in Pennsylvania to ignore a crucial piece of the law and effectively disenfranchise thousands of U.S. citizens – some of our greatest patriots among them.
Under the Constitution, the conduct of elections is a state matter. That’s why the law enacted in 1986 leaves it up to each state to determine its own process for meeting the guidelines Congress set to ensure military and civilian overseas voters can all participate. Brushing aside this fact, the lawsuit’s plaintiffs, sitting members of Congress who are candidates for reelection, allege Pennsylvania’s method for registering overseas voters is improper, even though it conforms to UOCAVA.
The Commonwealth of Pennsylvania prides itself on making certain that no Pennsylvanian on active military deployment, engaged in diplomacy, studying, conducting business, or retiring abroad is left out of our democracy. This has historically been a bipartisan commitment in Harrisburg, just as it has been in Washington. One of us served in Congressional leadership when UOCAVA was enacted. The other represented our nation abroad as an ambassador and witnessed firsthand the connection Americans abroad have to their states and communities back home. Both of us continue to see this law as essential to maintaining the enfranchisement of millions of American citizens as well as free, fair, and trustworthy elections in our country.
Even if the Pennsylvania case were meritorious – which it isn’t – its filing was certainly not in good faith. Like many frivolous election-related lawsuits submitted this month across the country, this one may not be intended to address any real concern about election integrity but merely to add to a cacophony of litigation that, taken together, may be used after the 2024 election to sow doubts about its outcome. We are witnessing a dangerous national effort to present the election as tainted by supposed fraud even before most votes are cast. We know, however, that voter fraud is both highly illegal and exceptionally rare, with solid safeguards in place in every state to ensure that only eligible citizens participate. Pennsylvania is no exception.
Oddly, the Pennsylvania lawsuit was filed just over a month before election day, and the operative amended complaint on Oct. 7. It begs the question, “why now?” More than 25,000 Pennsylvania absentee ballots have already been sent to military and civilian voters overseas. The outcome sought by the plaintiffs in their suit would effectively disenfranchise all of these voters by invalidating their ballots without enough time to replace them.
Timing reveals the true motives behind this case: UOCAVA has been on the books for nearly four decades without challenge, and Pennsylvania’s current process is not new. Those truly concerned about the way it is applied in the Keystone State or anywhere else have had ample opportunity to seek changes to this critical swing state’s process. It is telling that they have not chosen to do so until now.
We expect the judge assigned to this case will see past their ruse. More importantly, we hope Americans from both sides of the aisle will recognize the peril in withholding the right to vote from active-duty military personnel, from U.S. diplomats, and from all other Americans who cast their ballots from abroad. Those who venture beyond our borders to stand in defense of our freedom and seek opportunities that benefit Americans back home deserve better than to become the latest target in a campaign of voter suppression. That’s a value President Ronald Reagan espoused, and it’s one that leaders from both parties have embraced ever since. This is not just a Democratic and Republican principle; it is an American one. Let us not allow it to be undermined this year – or ever again.