RNC, NJGOP sue to block voting by overseas citizens who never lived in New Jersey

The Republican National Committee and the New Jersey Republican Party sued the state Thursday, seeking to strike down a law that allows some U.S. citizens who have never lived in New Jersey to vote in federal elections based on a relative’s last New Jersey residence.

Also joining the suit is Republican Michael McGuire, who is running for Congress against Rep. Herb Conaway, Jr. (D-Delanco) in New Jersey’s 3rd district

The plaintiffs argue that the challenged provisions of New Jersey’s Overseas Residents Absentee Voting Law violate the state constitution, which requires voters to have been residents of New Jersey for at least 30 days before an election. They contend the Legislature exceeded its constitutional authority by extending voting eligibility to people who have never lived in New Jersey and, in some cases, have never lived anywhere in the United States.

RNC Chairman Joe Gruters accused Democrats of allowing ineligible voters to cast ballots in New Jersey elections.

“Democrats are allowing certain people who have never lived in New Jersey to vote in the state’s elections,” Gruters said. “The RNC is taking them to court to stop this unconstitutional scheme, protect lawful voters, and secure New Jersey elections.”

The lawsuit, filed Thursday in Mercer County Superior Court, names the New Jersey Department of State, the Division of Elections, Secretary of State Dale Caldwell, and Mercer County Superintendent of Elections Walker Worthy Jr. as defendants.  Jason Sena is representing state and national Republicans.

The complaint argues that the federal Uniformed and Overseas Citizens Absentee Voting Act protects military personnel and Americans living overseas who previously resided in a state, but does not require states to allow voting by citizens who have never established residency there.

According to the plaintiffs, New Jersey’s law extends beyond what federal law permits.

The lawsuit does not seek to change voting rights for military members or overseas voters who previously lived in New Jersey. Those voters would remain eligible to vote under both state and federal law.

“Vote dilution is a Constitutional injury of the highest magnitude,” Sena alleged in the lawsuit.

The plaintiffs are asking a judge to declare the challenged provisions unconstitutional, bar election officials from registering future “never-resident” voters, remove those already registered under the law from the voter rolls, and ensure ballots cast by those voters are not counted in future elections.  They also seek changes to New Jersey’s voter registration forms and guidance to reflect that residency is generally required to vote in the state.

The New Jersey lawsuit is part of the RNC’s broader national litigation strategy to challenge similar voting laws in several states, including Nebraska, Colorado, and Nevada.   Republicans have also cited a recent legal victory in North Carolina involving comparable “never-resident” voting provisions.

Gruters will be in New Jersey later this month to raise money for Rep. Tom Kean, Jr. (R-Westfield) in New Jersey’s 7th district.