The Democratic National Committee (DNC) has filed a lawsuit against the Trump administration, alleging that last-minute changes to the Federal Post Card Application (FPCA) — the form used by overseas citizens to register and request absentee ballots — violate federal law. The lawsuit, filed on Thursday, claims the administration rushed through modifications that could disenfranchise thousands of military and expatriate voters ahead of the upcoming election.
What Changes Were Made to the Overseas Voting Form?
Until recently, the FPCA provided four options for voters to describe their geographic situation: active military service, living outside the US with intent to return, living outside the US with uncertain return, or being a US citizen who has never lived in the country. In August, the Pentagon submitted two emergency requests to modify the form, including eliminating the option for citizens who have never lived in the US. The Office of Management and Budget (OMB) quickly approved the requests.
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These changes were first reported by NPR earlier this week. The DNC argues that removing the option for never-resident citizens is particularly harmful because 38 states and the District of Columbia allow citizens born abroad to vote in at least some elections, even if they have never lived in the country.
Why the DNC Says the Changes Are Illegal
The DNC contends that the Trump administration broke the law by pushing through the changes without proper notice and comment, as required by the Administrative Procedure Act (APA). The lawsuit also alleges that the changes were made with the intent to suppress votes from overseas citizens, who historically lean Democratic.
“Trump and Republicans are so desperate to hang on to power that they are trying to eliminate the way some Americans can vote,” the DNC said in a statement. The lawsuit seeks to block the changes and restore the previous version of the form.
Impact on Military and Expatriate Voters
The FPCA is critical for overseas voters, including active-duty military personnel and their families, as well as civilians living abroad. Any modification to the form can create confusion and delays, potentially causing ballots to arrive too late to be counted.
According to data from the Federal Voting Assistance Program (FVAP), over 2.9 million military and overseas citizens are eligible to vote absentee. In the 2016 election, approximately 68% of military and overseas voters returned their ballots, but that number could drop if the form becomes more difficult to complete.
| Voter Category | Number of Eligible Voters | Potential Impact of Form Changes |
|---|---|---|
| Active-duty military | ~1.3 million | Confusion over options, delays in receiving ballots |
| Military families | ~1.0 million | Increased risk of disenfranchisement |
| Civilian expatriates | ~0.6 million | Loss of never-resident option, legal challenges |
Key Takeaways
- The DNC has sued the Trump administration over changes to the Federal Post Card Application (FPCA).
- The changes eliminated an option for US citizens who have never lived in the country.
- The lawsuit alleges violations of the Administrative Procedure Act and seeks to block the changes.
- Overseas voters, including military personnel, could face confusion and delays.
- The outcome could affect millions of eligible voters in the upcoming election.
FAQ
What is the Federal Post Card Application (FPCA)?
The FPCA is a form used by US citizens living outside the country, including military personnel, to register to vote and request an absentee ballot. It simplifies the process by serving as both a registration and ballot request form.
Why did the Pentagon change the form?
The Pentagon stated that the changes were necessary to streamline the form and reduce confusion. However, critics argue that the modifications were politically motivated to suppress votes.
How could these changes affect overseas voters?
The changes could lead to confusion, especially for voters who have never lived in the US but are eligible to vote in some states. It may also cause delays in processing, potentially preventing ballots from being counted.
The lawsuit is ongoing, and its outcome could have significant implications for overseas voting in the 2020 election and beyond. Grand Goldman will continue to monitor this story and provide updates as they become available.
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