Court Strikes Down Limits on Overseas Voting in Massive Win for Military Families

A federal court has permanently blocked a key provision of a March 25 executive order that sought to add new hurdles for Americans voting from afar—including active-duty service members, their families, and other overseas citizens.

In a case led by the Secure Families Initiative (SFI), which represents military families, the court ruled that the President cannot unilaterally direct changes to federal election procedures. Citing the U.S. Constitution, the court said authority over election rules rests with the states and Congress—not the White House.

What the ruling does

• Permanently bars the U.S. Election Assistance Commission (EAC) from implementing Section 2(a) of the executive order.

• Section 2(a) would have required additional documentary proof of U.S. citizenship on the National Mail Voter Registration Form, creating redundant paperwork and shorter return timelines for ballots.

  
  

“This victory is permanent,” said Brandi Jones, Acting Co-Director of SFI. “Generations of people throughout American history have fought to establish the right to vote for every American… We are proud to follow their footsteps.”

Why it matters for service members and families

Military and overseas voters often rely on mail and federal forms to register and cast ballots from remote duty stations. The blocked provision would have imposed new documentation requirements and compressed timelines, increasing the risk of missed deadlines and ballot rejections for troops and their families serving far from home.

What’s still being litigated

SFI and co-plaintiffs will continue challenging other parts of the executive order, including:

• Similar documentation requirements for the Federal Post Card Application (FPCA)—a form widely used by military and overseas voters.

• A provision attempting to eliminate grace periods for mail ballot receipt deadlines in more than 15 states.

Bottom line for veterans and military families

For now, the national voter registration process will not add new citizenship document hurdles, and the EAC cannot enforce Section 2(a). Additional challenges—particularly those affecting the FPCA and state mail-ballot grace periods—remain before the court.