New Jersey Election Officials Sued Over Law Allowing "Never-Resident" Overseas Voters in Federal Elections
Key Facts
The complaint names the New Jersey Department of State, the Division of Elections, Secretary of State Dale Caldwell (in his official capacity), and Mercer County Superintendent of Elections Walker Worthy Jr. (also in official capacity). Plaintiffs argue that the state's Overseas Residents Absentee Voting Law, particularly amendments or provisions from around 2022, unconstitutionally extends voting rights beyond the New Jersey Constitution's requirements. Republicans contend this violates state constitutional residency rules, dilutes the votes of actual New Jersey residents, and opens the door to potential fraud. The suit seeks a court declaration that the provisions are unconstitutional, an injunction barring registration and voting by never-residents, removal of any such voters already on the rolls, and ensuring their ballots are not counted. The challenged provisions allow "never-residents"—typically U.S. citizen children born abroad to parents who were New Jersey residents at the time of the child's birth, or other relatives—to register and vote in federal elections (President, U.S. Senate, U.S. House) using the parent's or relative's last New Jersey domicile as the basis for eligibility. These voters can participate via absentee or mail-in ballots. Notably, the plaintiffs emphasize they are not challenging voting rights for military service members, diplomats, or prior New Jersey residents now living abroad.Background
New Jersey's Overseas Residents Absentee Voting Law allows certain U.S. citizens who have never lived in the state—or, in some cases, never lived in the United States—to register and vote in federal elections based on a relative's prior residency. This law has been in place since around 2022. The RNC has filed a lawsuit against New Jersey election officials, arguing that this law unconstitutionally extends voting rights beyond the state's requirements. The suit targets provisions in New Jersey law that permit never-residents to register and vote in federal elections.People Involved
The RNC Chairman, Joe Gruters, stated, "Democrats are allowing certain people who have never lived in New Jersey to vote in the state's elections... The RNC is taking them to court to stop this unconstitutional scheme, protect lawful voters, and secure New Jersey elections." The NJGOP echoed this in their press release, framing it as a defense of election security. The plaintiffs argue that the state's Overseas Residents Absentee Voting Law unconstitutionally extends voting rights beyond the New Jersey Constitution's requirements.Reactions
The viral X post by Eric Daugherty, Chief Content Officer at RightLineNews and FLVoiceNews, captured widespread attention on July 10, 2026, amplifying the story with dramatic framing: "JUST IN: The RNC has just SUED New Jersey's Democrat Secretary of State after it was exposed they let people vote who have *NEVER LIVEd in the STATE*." Accompanied by a video clip of former President Donald Trump speaking (overlaid with the New Jersey state coat of arms), the post highlighted concerns about election integrity and referenced President Trump's push for the SAVE America Act. It garnered over 23,000 likes, 7,700 reposts, and nearly 304,000 views shortly after posting.Implications
The RNC's lawsuit targets provisions in New Jersey law that permit never-residents to register and vote in federal elections. The plaintiffs argue that this law unconstitutionally extends voting rights beyond the state's requirements. The suit seeks a court declaration that the provisions are unconstitutional, an injunction barring registration and voting by never-residents, removal of any such voters already on the rolls, and ensuring their ballots are not counted. The implications of this lawsuit are significant, as it challenges the state's Overseas Residents Absentee Voting Law and raises questions about election integrity.What Happens Next
The RNC's lawsuit against New Jersey election officials will likely have significant implications for the state's election laws. The plaintiffs argue that the state's Overseas Residents Absentee Voting Law unconstitutionally extends voting rights beyond the New Jersey Constitution's requirements. The suit seeks a court declaration that the provisions are unconstitutional, an injunction barring registration and voting by never-residents, removal of any such voters already on the rolls, and ensuring their ballots are not counted. The outcome of this lawsuit will be closely watched by election officials and voters across the country.Frequently Asked Questions
What is the RNC's lawsuit about?
The RNC's lawsuit targets provisions in New Jersey law that permit never-residents to register and vote in federal elections. The plaintiffs argue that this law unconstitutionally extends voting rights beyond the state's requirements.
What is the New Jersey Overseas Residents Absentee Voting Law?
The New Jersey Overseas Residents Absentee Voting Law allows certain U.S. citizens who have never lived in the state—or, in some cases, never lived in the United States—to register and vote in federal elections based on a relative's prior residency.
Who is the RNC Chairman?
The RNC Chairman is Joe Gruters, who stated, "Democrats are allowing certain people who have never lived in New Jersey to vote in the state's elections... The RNC is taking them to court to stop this unconstitutional scheme, protect lawful voters, and secure New Jersey elections."
What is the SAVE America Act?
The SAVE America Act is a proposed law that aims to secure American elections by implementing various reforms, including stricter voter ID laws and enhanced election security measures.
What is the outcome of the RNC's lawsuit?
The outcome of the RNC's lawsuit is uncertain, as it will depend on the court's decision. The plaintiffs argue that the state's Overseas Residents Absentee Voting Law unconstitutionally extends voting rights beyond the New Jersey Constitution's requirements.