Trenton, NJ – The Republican National Committee, the New Jersey Republican State Committee, and Republican congressional candidate Michael McGuire have filed a lawsuit challenging a New Jersey law they argue allows individuals who have never lived in the state to register and vote in federal elections.
The verified complaint, filed Thursday in Mercer County Superior Court, names the New Jersey Department of State, Division of Elections, Secretary of State Dale G. Caldwell, and Mercer County Superintendent of Elections Walker M. Worthy Jr. as defendants. The plaintiffs are seeking a court order declaring portions of the state’s overseas voting law unconstitutional and preventing election officials from registering certain overseas voters under the challenged provisions.
“I just filed a lawsuit with the RNC against NJ election officials for allowing people who have never lived here to register and vote here,” McGuire said. “We must defend our election’s integrity so your vote decides NJ’s future.That’s why I’m proud to be a lead plaintiff in this fight.”
Lawsuit targets overseas voting statute
At the center of the lawsuit are two provisions of New Jersey law, N.J.S.A. 19:59-2(f) and N.J.S.A. 19:59-3, which govern certain overseas federal election voters.
According to the complaint, those statutes permit some U.S. citizens born outside the United States who have never lived in New Jersey—or anywhere in the United States—to register to vote in New Jersey federal elections if a parent, legal guardian, spouse, civil union partner, or domestic partner was last eligible to vote in the state before moving overseas. The plaintiffs argue those provisions violate Article II of the New Jersey Constitution, which requires voters to have been residents of New Jersey for at least 30 days before an election.
“The New Jersey Constitution limits the class of eligible voters to New Jersey residents and only New Jersey residents,” the complaint states.
Plaintiffs seek injunction before November election
The lawsuit asks the court to declare the challenged statutes unconstitutional, prohibit election officials from registering voters who have never resided in New Jersey under those provisions, remove such registrants from the voter rolls, and prevent ballots cast under those provisions from being counted in the November general election if the court grants the requested relief.
McGuire, the Republican nominee for New Jersey’s 3rd Congressional District, argues in a certification filed with the lawsuit that the law dilutes the votes of constitutionally eligible New Jersey voters and could affect election outcomes.
The complaint also contends that the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) protects military members and eligible overseas citizens who previously lived in a state but does not extend voting rights to individuals who have never been domiciled in New Jersey.
What happens next
The plaintiffs have requested that the case proceed by order to show cause, asking the court to consider expedited relief before election-related deadlines for the November general election. A judge has not yet ruled on the merits of the claims, and the allegations contained in the complaint have not been tested in court.
Related: New Jersey elections, Republican National Committee, New Jersey Division of Elections, Overseas voting, Mercer County
The complaint was filed July 9 in Mercer County Superior Court by Archer & Greiner on behalf of the Republican National Committee, the New Jersey Republican State Committee, and Michael McGuire. The State of New Jersey had not yet filed a response at the time of the lawsuit.
