A coalition of nonpartisan voter, overseas and military advocacy organizations, including U.S. Vote Foundation, took action in a critical legal battle for overseas and military voter rights. With the filing of an amicus curiae (friend-of-the-court) brief in Pennsylvania, the battle took a decisive turn. This case, led by Hon. Guy Reschenthaler and others, poses a threat to Pennsylvania’s military personnel deployed overseas and their families, as well as U.S. citizens living abroad who vote in PA, be they diplomats, students, working people, retirees, or others to exercise their fundamental right to vote and have their ballots be counted in the upcoming 2024 election.
The Brennan Center for Justice lead the action to bring together the people and organizations who represent the “amici” in this amicus brief, and to consolidate the arguments that make a powerful statement in the court proceedings that will follow. The Brennan Center has taken a stand to strongly support the rights of U.S. citizens overseas and military voters, and to call for the dismissal of the lawsuit. While the court has yet to issue a final ruling, the implications of this case could be far-reaching. Here’s why this case is significant and why it should be dismissed based on the arguments presented in the brief.
The Case: Threats to Overseas and Military Voting Rights
The Reschentahaler v. Schmidt lawsuit aims to challenge the absentee voting process for military members stationed abroad and U.S. citizens residing outside the country who vote in Pennsylvania. Plaintiffs insist that new and unnecessary identify verification requirements on these voters are needed, beyond those that exist in current federal law, and beyond what has been standard practice many previous elections.
If granted, their request would result in the segregation and delay in counting of all overseas and military ballots, and would very likely disenfranchise thousands of legitimate voters in the process.
The brief, filed in the U.S. District Court for the Middle District of Pennsylvania, asserts that this lawsuit not only jeopardizes the rights of overseas citizens but also undermines long-standing federal policies, such as the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which was designed to ensure that Americans abroad can easily participate in elections. The law, strengthened by the Military and Overseas Voter Empowerment (MOVE) Act, was crafted specifically to remove barriers for overseas voters, ensuring their ballots are counted despite geographic and logistical challenges.
Key Arguments: Why This Lawsuit Should Be Dismissed
The Lawsuit Jeopardizes the Fundamental Right to Vote
The plaintiffs’ lawsuit threatens to disenfranchise military families, diplomats, students, and retirees, among others, by imposing illusory voter identification requirements at the last minute. It will effectively exclude these citizens from the democratic process. This directly contradicts the purpose of the established federal law of UOCAVA.
As noted in the amicus brief, the “…lawsuit flies in the face of this longstanding, cross-partisan commitment to protecting the vote of American citizens of all parties wherever they may reside. And all the more audaciously, it targets for disenfranchisement the American overseas community, many of whom have dedicated their lives to serving this nation as members of the U.S. Armed Forces, foreign service, and otherwise. While every American citizen’s right to vote is worthy of protection, it is especially pernicious to snuff out the voices of military voters who wish to have a say in who will be empowered to send them off to war—when the only reason they cannot vote in person is because they have been sent away from home to serve their country.”
The Lawsuit Undermines the Public Interest
The actions requested by the plaintiffs would not only be unnecessary, but also harmful to the public interest. Under the guise of so-called election integrity, the lawsuit singles out overseas ballots for extra scrutiny, and risks creating confusion, doubt and delays just weeks before the 2024 election, when voters are already voting. The timing of the lawsuit is particularly egregious. Already only a small percentage of the eligible overseas voters from Pennsylvania take advantage of their voting rights under UOCAVA, and the relief requested by the plaintiffs would serve to dampen voter enthusiasm even more. The voices of our citizens around the world should be welcomed, not deterred.
The Lawsuit is Part of a Broader Strategy to Undermine Election Confidence
This case should be considered within the current 2024 election context. As highlighted in the brief, it fits into a broader, troubling trend to cast doubt on the integrity of elections by sowing confusion and distrust. Similar lawsuits have been filed in other key swing states, Michigan and North Carolina, also targeting overseas voting laws that have been in place for years without incident. Those cases were subsequently dismissed (Michigan) or arguments rejected (North Carolina) by judges who cited their late timing and lack of any evidence, characteristics shared by this Pennsylvania case. These contrived efforts seem designed not to protect election integrity, but to disenfranchise legitimate voters, particularly those living abroad, and to create an atmosphere of uncertainty ahead of the 2024 election.
Applause for the Leadership of the Brennan Center for Justice
U.S. Vote Foundation would like to take this moment to recognize the outstanding leadership and action of the Brennan Center for Justice. Their swift and decisive response in filing this amicus brief underscores their commitment to protecting the voting rights of overseas and military voters. Their dedication to hearing and addressing the concerns of U.S. citizens abroad when it matters most is a testament to their role as a guardian of democracy.
We at U.S. Vote Foundation share this commitment and stand firmly with our partners in advocating for the dismissal of this harmful lawsuit. Our mission is to ensure that every eligible American, no matter where they are in the world, can participate fully in our democratic process.
As we await the final ruling from the court, we remain hopeful that justice will prevail and that the fundamental right of overseas and military voters to have their ballots counted will be protected. This is not just a legal battle but a fight for the core values of democracy, ensuring that all citizens—whether at home or abroad—have their voices heard in the 2024 election.
U.S. Vote Foundation and our Overseas Vote initiative will continue to provide updates on this important case and remain steadfast in our efforts to support and protect the voting rights of U.S. citizens worldwide.
Update: On October 29, 2024, the Reschentahaler v. Schmidt lawsuit was dismissed.
Details can be found in this press release, Federal Court Protects Ballots Cast by Pennsylvanians Overseas Ahead of 2024 Election, which includes statements from overseas citizen organizations regarding the lawsuit and the judgement.