The primary committee of the Republican Party is suing the state of Nebraska over a 16-year-old election law aimed to assist military members and other U.S. citizens living overseas.
The complaint, filed Monday by the Republican National Committee (RNC), argues that one of the law’s provisions crosses the line and violates the state’s constitution.
Nebraskans who are currently living outside of the country can still legally vote under state statute. This would include Nebraska residents who might be away because they are serving in the military, living overseas temporarily, or otherwise an overseas US citizen. This section, the lawsuit has no problem with.
J.L. Spray, a Lincoln-based attorney, is however asking a judge to declare the law’s second section unconstitutional, seeking an injunction to prohibit its implementation.
The provision in question allows for some US citizens born and living abroad to vote in Nebraska, even if they have never lived in the state. To qualify for this carve out, a person must:
- Be at least 18 years old
- Be a citizen living outside the United States
- Have never lived anywhere in the US
- Have not registered to vote in another state
- Have at least one parent who’s registered to vote in a Nebraska county
If all these criteria are met, a person may register and vote in the Nebraska county where either parent is registered. These voters must sign a sworn form confirming these facts. Lying on this form is considered election falsification, a felony punishable by up to two years in prison, a fine of up to $10,000, or both.
This caveat mainly applies to voting-age children of military families or parents who work overseas.
The law has been on the books in Nebraska since 2010. It was enacted in accordance with the federal Military and Overseas Voter Empowerment (MOVE) Act, signed by President Barack Obama in 2009.
The eight-page legal complaint argues the provision violates Nebraska’s constitution, which requires voters to have lived in the state, county and precinct where they vote.
It is unclear how often this provision has been used to accommodate overseas voters.
“Nebraska’s Constitution is clear: voters must live in Nebraska,” RNC Chairman Joe Gruters said in a statement. “This law tries to get around that requirement by allowing people who have never lived in the state to vote. The RNC is fighting to stop it and ensure Nebraska elections are decided by Nebraska voters only.”
Nebraska Secretary of State Bob Evnen, the state’s chief election official, said his office is reviewing the lawsuit and will seek counsel from the state’s Attorney General.
Candidates seeking to replace Evnen, who was defeated in May’s primary election, shared starkly different reactions to the suit.
Republican nominee Scott Petersen, an Omaha business owner who ran on combatting alleged election insecurity, “applauded” the move and admitted the decision would affect a marginal number of eligible voters.
“Public confidence in elections depends on public confidence in voter eligibility,” Petersen said. “Every lawful vote deserves to be counted, and every voter qualification established by the Constitution deserves to be enforced.”
Democratic nominee Sarah Slattery, a school nutrition director, called the lawsuit “frivolous” and a “distraction from the real work of running our state.”
“This is a coordinated national push by the RNC targeting overseas voting laws across multiple states right before the election,” Slattery said. “Downplaying it as routine maintenance is a deliberate attempt to keep the public from looking at the broader, national playbook. Nebraskans deserve a Secretary of State who focuses on actual administration, not just echoing national party talking points.”
Arizona, Michigan and North Carolina have recently seen similar RNC challenges to overseas voter eligibility—and the legal results have been mixed. A Michigan court tossed out the suit in April, while a North Carolina judge sided with the RNC in June.
“Republicans are so blinded by their radical ideas that they’re willing to kick a service member’s kid off the voting rolls,” said Jane Kleeb, chair of the Nebraska Democratic Party and president of the Association of State Democratic Committees. “This is all part of a national strategy to erase rather than earn votes.”
The lawsuit in Nebraska was jointly filed with two residents: Jack Riggins, chairman of the Lancaster County Republican Party, and Pamela Dingman, Lancaster County’s longtime elected Engineer.
Read the full complaint below.
