Don’t Let Military and Overseas Voters Become the Next Targets for Voter Suppression
By Richard Gephardt and Deborah A. McCarthy - October 25, 2024
Casting
a ballot and having one’s vote counted in elections are the most
essential duty and right that come with U.S. citizenship. This is the
case whether you’re born with citizenship or obtain it through
naturalization. It is just as true for citizens living in communities in
the United States as it is for those stationed or residing overseas.
That’s why Congress enacted the bipartisan
Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA) of 1986, which President Ronald Reagan signed into law that
year. This law continues to ensure that all eligible American citizens
can participate in federal elections no matter where they are engaged in
military or diplomatic service, travel, or residency abroad.
Now,
however, a partisan group seeking to undermine faith in U.S. elections
and sow mistrust in democracy has perversely enlisted UOCAVA in an
effort to limit military and civilian overseas citizens’ ability to
vote. It does so by
asking a court
in Pennsylvania to ignore a crucial piece of the law and effectively
disenfranchise thousands of U.S. citizens – some of our greatest
patriots among them.
Under the Constitution, the conduct of
elections is a state matter. That’s why the law enacted in 1986 leaves
it up to each state to determine its own process for meeting the
guidelines Congress set to ensure military and civilian overseas voters
can all participate. Brushing aside this fact, the lawsuit’s plaintiffs,
sitting members of Congress who are candidates for reelection, allege
Pennsylvania’s method for registering overseas voters is improper, even
though it conforms to UOCAVA.
The Commonwealth of Pennsylvania
prides itself on making certain that no Pennsylvanian on active military
deployment, engaged in diplomacy, studying, conducting business, or
retiring abroad is left out of our democracy. This has historically been
a bipartisan commitment in Harrisburg, just as it has been in
Washington. One of us served in Congressional leadership when UOCAVA was
enacted. The other represented our nation abroad as an ambassador and
witnessed firsthand the connection Americans abroad have to their states
and communities back home. Both of us continue to see this law as
essential to maintaining the enfranchisement of millions of American
citizens as well as free, fair, and trustworthy elections in our
country.
Even if the Pennsylvania case were meritorious – which
it isn’t – its filing was certainly not in good faith. Like many
frivolous election-related lawsuits submitted this month across the
country, this one may not be intended to address any real concern about
election integrity but merely to add to a cacophony of litigation that,
taken together, may be used after the 2024 election to sow doubts about
its outcome. We are witnessing a dangerous national effort to present
the election as tainted by supposed fraud even before most votes are
cast. We know, however, that voter fraud is both highly illegal and
exceptionally rare, with solid safeguards in place in every state to ensure that only eligible citizens participate. Pennsylvania is no exception.
Oddly, the Pennsylvania lawsuit was
filed just
over a month before election day, and the operative amended complaint
on Oct. 7. It begs the question, “why now?” More than 25,000
Pennsylvania absentee ballots have already been sent to military and
civilian voters overseas. The outcome sought by the plaintiffs in their
suit would effectively disenfranchise all of these voters by
invalidating their ballots without enough time to replace them.
Timing
reveals the true motives behind this case: UOCAVA has been on the books
for nearly four decades without challenge, and Pennsylvania’s current
process is not new. Those truly concerned about the way it is applied in
the Keystone State or anywhere else have had ample opportunity to seek
changes to this critical swing state’s process. It is telling that they
have not chosen to do so until now.
We
expect the judge assigned to this case will see past their ruse. More
importantly, we hope Americans from both sides of the aisle will
recognize the peril in withholding the right to vote from active-duty
military personnel, from U.S. diplomats, and from all other Americans
who cast their ballots from abroad. Those who venture beyond our borders
to stand in defense of our freedom and seek opportunities that benefit
Americans back home deserve better than to become the latest target in a
campaign of voter suppression. That’s a value President Ronald Reagan
espoused, and it’s one that leaders from both parties have embraced ever
since. This is not just a Democratic and Republican principle; it is an
American one. Let us not allow it to be undermined this year – or ever
again.