California AG Leads Multistate Challenge to DOD Change of Overseas Voter Form

On November 10, 2026, California Attorney General Rob Bonta co‑led a multistate coalition in filing formal opposition to a change made by the U.S. Department of Defense to the Federal Post Card Application, the form overseas voters use to register and request absentee ballots.

The change, implemented in August 2026 under the Trump administration, removed a checkbox that read, “I am a U.S. citizen living outside the country, I have never lived in the United States.” The removal eliminates a way for citizens born abroad who have never resided in the United States to signal their eligibility, potentially jeopardizing their ability to vote.

How the Change Was Made

The Department of Defense used an emergency claim to bypass the normal public‑comment process, arguing the removal would prevent voter confusion and ensure compliance with federal law. After criticism, DOD opened the revised form to public comment in an effort to make the removal permanent.

State Authority and Current Voting Rules

The U.S. Constitution gives states—not the federal government—the power to set voter eligibility for federal and state elections. Thirty‑seven states and the District of Columbia allow U.S. citizens who have never lived in the United States to vote. California, for example, permits citizens born abroad who have never lived in the U.S. to vote by absentee ballot if a parent or legal guardian was last a California resident.

These states rely on the Federal Post Card Application to process absentee voting requests from overseas citizens.

What This Means for Americans Living Abroad

U.S. citizens born abroad who have never lived in the United States may now find the standard registration form lacking a clear option to indicate their eligibility. The coalition argues the change is unlawful and would disenfranchise these voters.

People affected should review their home‑state voting instructions, submit comments during the DOD public‑comment period, and consider contacting an election‑law attorney or voter‑rights organization for guidance.

When Legal Help May Be Needed

If you encounter difficulties completing the Federal Post Card Application or fear your ballot may be rejected, a lawyer experienced in election law can help you navigate state requirements and the federal comment process.

This article is general information based on California Attorney General and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 10, 2026.