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# Pentagon Drops 'Never Lived in the U.S.' Box From Overseas Voter Forms, Wisconsin Says Eligibility Stands
- URL: https://foxwatershed.com/overseas-voter-form-never-resided-wisconsin/
- Published: 2026-10-12T09:18:00.000Z
- Updated: 2026-10-12T09:18:00.000Z
- Description: The Pentagon used an emergency process to remove a checkbox for Americans abroad who've never lived in the U.S. Democrats have sued. Wisconsin told its clerks the change doesn't affect who can vote here.
- Author: Fox Watershed Staff
- Tags: The Midterm Monitor, Wisconsin State Politics, National

The Pentagon has removed a checkbox from the federal forms Americans abroad use to register and request absentee ballots, the option for U.S. citizens who have never lived in the United States.1,2 The Democratic National Committee sued over the change last week.3,4 Wisconsin election officials, meanwhile, have told clerks across the state that the new forms don't change who's eligible to vote here.1

That matters in Wisconsin because state law explicitly covers these voters. Under Wis. Stat. 6.24, a U.S. citizen who has never lived in Wisconsin can still register as an overseas elector if a parent was last domiciled here before leaving the country.5 Those voters register in the municipality where that parent last lived and can vote for national offices, though not for governor, the Legislature or local offices.5

## What Changed on the Forms

The Federal Voting Assistance Program, part of the Defense Department, revised the Federal Post Card Application and the Federal Write-In Absentee Ballot in late August.2 Box 1 on both forms asks voters who they are. The old version included the option "I am a U.S. citizen living outside the country, I have never lived in the United States."1 The new version drops it, leaving overseas civilians to say either that they intend to return or that their return is uncertain.1,2

The Pentagon submitted the changes as emergency requests in late August, skipping the usual months-long review for federal forms.2 Notices appeared in the Federal Register on Sept. 10, nine days before states had to send midterm ballots to military and overseas voters.2 Pentagon Deputy Under Secretary Sean O'Keefe said that the old format "may confuse voters" about what federal law requires them to provide and whether they're eligible to use the forms.2

## What Wisconsin Told Its Clerks

The Wisconsin Elections Commission flagged the change for county and municipal clerks in a Sept. 2 memo marked for timely attention.1 It described the revisions as minor and said they don't affect voter eligibility or how clerks process the forms.1 Both the old and new versions remain acceptable until further notice, and voters who already have an older form on file don't need to submit a new one.1

The commission told clerks that permanent overseas voters who would have checked the never-resided box should now check the "return is uncertain" option, which it said is also intended for permanent overseas voters.1 The new form also clarifies that most states accept the last four digits of a Social Security number. Wisconsin doesn't require the full number.1

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## The Lawsuit

The DNC filed suit Oct. 1 in federal court in Washington, D.C., arguing the change violates the Administrative Procedure Act and asking the court to block use of the altered form.4 Its complaint says these citizens pay federal and state taxes and calls the Pentagon's rationale a "manufactured 'emergency'" meant to impede their right to vote.3 The Defense Department hadn't commented when the Associated Press reported the suit.3

Never-resided voters are typically the children of U.S. citizens living abroad, including military families,2 and 38 states let them vote if they have close family ties to the state.3,4 An estimated 11,500 of them cast ballots in 2016, according to the AP.3 The complaint notes the voters are more likely to be Democrats than Republicans, a point the Republican National Committee itself made in its 2024 state-by-state lawsuits against never-resident voting.4

## A Longer Fight Over Overseas Ballots

Republican officials have challenged never-resided voting in North Carolina, Michigan, Arizona and several other states since 2024, with mixed results.2 North Carolina courts ruled in 2025 that these voters can cast ballots only in federal races there, while a Michigan judge threw out an RNC challenge as an "11th hour attempt to disenfranchise these electors."6 Roughly 2.8 million adult U.S. citizens living abroad were eligible to vote in 2022, and civilians made up about 59% of registered overseas voters in 2024, with military members and their relatives at about 40%.6

Advocates for military families say the timing invites confusion in the middle of an election. "Military families are stakeholders who should have been included," said Sarah Streyder of the Secure Families Initiative.2 NPR reported that eligible never-resided voters can still register and request ballots through any other method their state provides.2

No ruling has come in the DNC case, and the general election is Nov. 3\. In Wisconsin, the commission's guidance means clerks will accept either version of the form for now.1

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1. [Federal Forms Changes (FPCA/FWAB) | Wisconsin Elections Commission](https://elections.wi.gov/memo/federal-forms-changes-fpcafwab?ref=foxwatershed.com)
2. [Trump officials changed forms for overseas voters amid a GOP push to restrict voting](https://www.npr.org/2026/09/30/nx-s1-5978976/military-voter-registration-overseas-citizens-absentee-voting?ref=foxwatershed.com)
3. [Lawsuit says Trump administration move targets voters living abroad](https://www.wpxi.com/news/world/trump/RSYKE2DX3Q5ITJIC7RLFR272BA/?ref=foxwatershed.com)
4. [Trump admin quietly changed overseas voter form at 11th hour to disenfranchise Democrats, lawsuit says](https://democracydocket.com/news-alerts/trump-admin-quietly-changed-overseas-voter-form-at-11th-hour-to-disenfranchise-democrats-lawsuit-says?ref=foxwatershed.com)
5. [Wisconsin Statutes 6.24: Absentee voting by overseas electors](https://docs.legis.wisconsin.gov/statutes/statutes/6/24?ref=foxwatershed.com)
6. [A GOP push to restrict voting by overseas U.S. citizens continues before 2026 midterms](https://www.npr.org/2025/10/01/nx-s1-5542344/overseas-active-duty-military-voting-uocava?ref=foxwatershed.com)