RNC Sues N.J. Over Law Allowing 'Never-Residents' to Vote

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The Republican National Committee is taking New Jersey to court over a state voting law it says unconstitutionally allows certain people who have never lived in the state — or even the United States — to cast ballots in New Jersey elections.

The lawsuit, filed Thursday in Mercer County Superior Court, was brought by the RNC, the New Jersey Republican Party, and Republican congressional candidate Michael McGuire, who is running in the state's 3rd Congressional District.

The challenge centers on a provision allowing certain overseas individuals to register and vote using the last New Jersey address of a qualifying relative.

Republicans argue the law exceeds the state's constitutional authority by extending voting eligibility to "never-residents."

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

The lawsuit argues the policy violates the New Jersey Constitution, which requires voters to have been state residents for at least 30 days before an election.

Republicans emphasized the case does not affect military personnel or U.S. citizens living overseas who previously resided in New Jersey. Those voters remain protected under the federal Uniformed and Overseas Citizens Absentee Voting Act.

According to the complaint, that federal law guarantees absentee voting rights for eligible military members and overseas citizens but does not require states to allow voting by noncitizens who have never established residency.

The plaintiffs are asking the court to strike down the challenged provisions, block election officials from registering "never-resident" voters, remove eligible noncitizens covered by the law from the state's voter rolls, and prevent ballots cast by those voters from being counted in future elections.

Named as defendants are the New Jersey Department of State, the Division of Elections, Secretary of State Dale Caldwell, and Mercer County Superintendent of Elections Walker Worthy Jr.

The lawsuit is part of the RNC's election integrity effort challenging similar voting laws in other states, including Nebraska and Colorado.

Republicans also pointed to a recent court victory in North Carolina, where a state judge ruled that "never-residents" cannot vote in future elections. The RNC said it hopes to secure a similar ruling in New Jersey as it continues its push to tighten election laws ahead of the November midterm elections.

Nicole Weatherholtz

Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.

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