Advocates for overseas military families, ex-pats push back against GOP suits against absentee votes

Some ex-pats living abroad, including active-duty service members and their family members, are sounding the alarm after Republicans in three swing states have tried to delay accepting and counting overseas absentee ballots.

And there is already fear among Americans at home and abroad that no matter what the result, the damage has already been done, according to Sarah Streyder, the executive director of Secure Families Initiative, a nonpartisan non-profit that advocates for military families' rights.

"We are already hearing military voters from all states who feel discouraged from participating, if they have concern that their ballot won't even be counted," Streyder, who is stationed in England with her husband a Space Force member, told reporters in a video news conference with other advocates Friday.

Election officials and other political science experts say the suits filed in Pennsylvania, Michigan and North Carolina in the last couple of weeks have no merit. The Republican plaintiffs, however, claim state election offices created loopholes that could allow ineligible people to vote through overseas absentee ballots.

GOP casts doubt on absentee ballots, election officials push back

On Sept. 30, five Pennsylvania GOP House members running for re-election -- Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker and Mike Kelly -- filed a suit against Al Schmidt, the secretary of the Commonwealth and Deputy Secretary for Elections Johnathan Ivlarks accusing them of providing guidance to local election offices to not allow ID requirements for their foreign absentee voters.

"The Commonwealth's practice is an illegally structured election process which makes Pennsylvania's elections vulnerable to ineligible votes by individuals or entities who could purport to be…eligible, register to vote without verification of identity or eligibility but receive a ballot by email and then vote a ballot without providing identification at any step of the process," the plaintiffs in the Pennsylvania suit alleged.

Reschenthaler is the only member of the five plaintiffs with military experience as he previously served as a United States Navy Judge Advocate General's Corps attorney from 2009 to 2012, according to his bio. He was deployed to Iraq during his tenure with JAG.

The Pennsylvania Secretary of State's office said in a statement that the lawsuit is "nothing more than an attempt to confuse and frighten people ahead of an important election," and the state law ensures that all overseas ballots that are sent out are eligible.

"Ballots cast by ineligible voters occur at extremely low rates and are routinely investigated and prosecuted by the appropriate authorities when they occur. Individuals registering to vote must affirm that the information they submit is accurate, with any false statement subjecting them to a potential felony conviction, prison sentence and substantial fine," the office said in a statement.

Pennsylvania election officials could not immediately provide ABC News data on how many absentee ballots have currently been sent overseas and how many of those ballots have been returned.

The Republican National Committee filed a pair of lawsuits in North Carolina and Michigan last week arguing their state rules are violating federal law and allowing ex-pats to vote despite never residing in their state.

In both suits, the RNC officials allege that the states' election officials have not created a secure system to verify that an overseas voter is an American and have specifically called out provisions in their election laws that permit spouses or dependents of military or overseas voters to vote in elections based on the residency of the military or overseas voter.

"As a result, certain people who have never resided in Michigan (or perhaps anywhere else in this country) are registering to vote and voting in Michigan elections," the plaintiffs in the Michigan case claim in their filing.

Similar language was used in the North Carolina lawsuit.

Michigan Attorney General Dana Nessel filed amicus briefs this week seeking to dismiss her state's case, contending that the plaintiffs have no standing in their claims.

"Challenging a decades-old statute in this frivolous manner is both irresponsible and abusive. Their actions are a clear attempt to sow doubt about the integrity of the election and suppress the legitimate votes of American citizens," she said in a statement.

Nessel noted that absentee ballots have already been sent out to Michigan voters living overseas, and the RNC failed to file a timely notice of intent to sue under the Michigan Court of Claims Act.

Patrick Gannon, a spokesman for the North Carolina State Board of Elections, echoed that sentiment and maintained the state law allowing military family members to vote in the state is valid.

"North Carolina lawmakers adopted this law more than 13 years ago, as a way to implement a federal law that required states to make voting more accessible for military families and other citizens living abroad. It has been part of our state’s law for every election since then," he said in a statement.

As of Friday afternoon, over 22,000 Michigan military and overseas voters have requested ballots for the general election, according to data from the Michigan Secretary of State's office. Of that number, almost 8,000 voters have already completed and submitted their ballots to be counted, the data showed.

As of Friday afternoon, 8,451 North Carolina absentee ballots have been requested by military members and 20,571 ballots have been requested by civilians living overseas, according to data from the North Carolina State Board of Elections.

Of those requests, 8,331 ballots were sent to the military members and 2,434 of those have been returned and accepted, the board said. There have been 20,449 absentee ballots sent to other ex-pats, and 10,481 of those ballots have been returned and accepted, according to the data.

Veterans, ex-pats furious over the move

Ray Kimball, a veteran who serves as an Arizona volunteer for the nonpartisan advocacy group Veterans for All Voters, told reporters on Friday he was furious about allegations made by officials who questioned the validity of absentee ballots back in 2020.

Kimball, a former Pennsylvania voter who said he mostly voted by mail when he was deployed overseas, said he was appalled that "partisan actors are doubling down," despite the lack of evidence to their claims.

"I took that as a personal insult to what I and tens of thousands of Americans including service members and civilians abroad have been doing for years prior to this narrative," he said.

One of the biggest concerns from legal experts and overseas voters is the request in all three lawsuits to segregate the foreign absentee ballots and stop counting them until the person can be verified.

Susan Dzieduszycka-Suinat, the president and CEO, of U.S. Vote Foundation, a nonprofit group that provides ex-pats with resources to help cast their vote, told reporters that this move was done to "just reduce the number of ballots counted overall."

"It is a complete disenfranchisement of U.S. citizens," Dzieduszycka-Suinat, who lives in Munich, said. "We are U.S. citizens. We do have a secure voting process."

Philadelphia City Commissioner Lisa Deeley told reporters that she has concerns that if the request is granted, it would put extra unnecessary work on the already overtaxed election workers.

"All that time, energy and effort doing that, that further chips away at people's confidence in the election," she said.

Lawsuits are just the beginning: Expert

Michael Traugott, research professor emeritus in the Center for Political Studies at the University of Michigan, told ABC News that the three suits are part of a strategy by Republican leaders aimed at sowing doubt in the election results in the months to come.

He predicted the three suits will be dismissed, especially in Michigan where he said the secretary of state's office has been efficient for determining voter eligibility.

"They do this in a very careful and systematic way and it's worked," he said.

Traugott said that election offices will be prepared for these attacks but they may not be able to control the public relations damage that the suits cause.

Kimball, however, said he believed that the majority of voters want more access to their right to cast a ballot.

"Bottom line this should not be a partisan issue. We should get behind the idea of Americans voting wherever they are all over the world," he said.