Court Sides with GOP, Rules Nonresidents Cannot Vote in Federal Elections

State Constitution Limits Voting to Residents, Court Finds

A North Carolina court has ruled that individuals who have never lived in the state are not eligible to vote in federal elections, marking a significant decision in ongoing debates over election integrity. The ruling came from Wake County Superior Court Judge Hoyt Tessener following a challenge brought by the Republican National Committee (RNC) and the North Carolina Republican Party.

“Never Resident” Voters Under Scrutiny

The case focused on so-called “never resident” voters—U.S. citizens born overseas to parents who are North Carolina residents but who themselves have never lived in the state. Plaintiffs argued that allowing these individuals to vote violated the state constitution, which limits voting rights to residents.

Court Affirms Residency Requirements

Judge Tessener agreed with the plaintiffs, confirming that state law prohibits voting by individuals who have never lived in North Carolina. Republican leaders described the decision as a victory for election integrity, stating that it reinforces constitutional residency requirements for all elections within the state.

Democrats Argue Federal Law Provides Exceptions

Opponents, including the Democratic National Committee, contended that federal law, specifically the Uniform Military and Overseas Voter Act, allows certain overseas voters to participate in federal elections. They argued that this ruling could disenfranchise military families and overseas citizens who have never resided in North Carolina but are otherwise eligible under federal law.

Impact on 2026 Elections and Beyond

The ruling is unlikely to affect voters protected under federal law who previously lived in the state. However, it could influence voter eligibility policies in North Carolina ahead of the 2026 midterm elections. Election law experts note that other states have similar provisions for overseas citizens, which could spark further legal challenges nationwide.

Ongoing Legal and Political Debate

Whether Democrats will appeal the decision remains uncertain. Meanwhile, the ruling adds to a broader national discussion on voter eligibility, election administration, and the balance between state and federal voting laws. Both parties are closely monitoring the potential implications for upcoming elections.