A Michigan judge rejected a Republican Party effort to block some Americans living overseas from voting in the battleground state. Earlier this month, the Republican National Committee (RNC) filed a lawsuit arguing that Michigan’s election laws improperly allowed U.S. citizens living abroad—who had never resided in Michigan but had relatives who had—to vote there.
In a ruling on Monday, Michigan Court of Claims Judge Sima Patel stated that the language challenged by the Republicans aligns with both federal and state law. “There is no ground to invalidate it,” Patel wrote.
According to Michigan’s secretary of state election officials manual, a U.S. citizen who has never lived in the U.S. but has a parent, legal guardian, or spouse who last lived in Michigan can vote in the state, provided that the citizen has not registered or voted in another state.
When the RNC filed the lawsuit, Chairman Michael Whatley argued that citizens living in Michigan should not have their votes canceled by those who have never lived in the state.
On Tuesday, the RNC announced its intention to appeal the decision. “We are fighting to protect every legal vote, including from military and overseas citizens, to ensure they are not canceled by ineligible votes,” said Claire Zunk, the communications director for elections integrity at the RNC.
In 2020, about 2.9 million U.S. citizens living abroad were eligible to vote, but fewer than 8% participated, according to the Federal Voting Assistance Program, which assists military members and other U.S. citizens living overseas with election logistics.