North Carolina Court Finds State Violated Constitution by Permitting Nonresidents to Vote in Federal Contests

A North Carolina superior court judge has determined that the state's Board of Elections broke the state constitution by allowing individuals who have never lived in North Carolina to register and cast ballots in federal elections.

The decision, issued Tuesday by Special Superior Court Judge Hoyt Tessener in Wake County, sided with the Republican National Committee and North Carolina Republican Party in their legal challenge. It builds on a prior ruling from the North Carolina Supreme Court last year, which established that people with no prior residency in the state are ineligible to participate in state and local elections.

Following that earlier decision, state officials adjusted procedures to bar such "never residents" from state-level voting. However, they continued to apply a different standard for federal races, relying on a state statute that extended eligibility more broadly. The court found this approach unconstitutional, affirming that North Carolina's residency requirements apply across all elections conducted within the state.

The case centered on provisions in North Carolina's Uniform Military and Overseas Voters Act. This law had permitted certain U.S. citizens born abroad to parents who were once North Carolina residents to register and vote, even if the individuals themselves had never set foot in the state. Plaintiffs argued this practice exceeded constitutional limits on voter qualifications, which emphasize domicile and residency.

The ruling clarifies that only those who meet the state's established residency criteria — or who qualify under the separate federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) for individuals who previously lived in North Carolina — may participate. It does not affect legitimate military and overseas voters with prior state ties.

Republican leaders welcomed the outcome as a step toward stronger election safeguards. They emphasized that the decision reinforces the principle that voting in North Carolina elections is reserved for actual residents of the state.

The lawsuit highlighted ongoing debates over voter eligibility and the balance between state authority to set election rules and federal protections for certain overseas citizens. Election integrity advocates have pointed to this case as part of broader efforts to ensure only qualified individuals participate in the electoral process.

This development comes amid heightened national attention to voting procedures ahead of future elections. State officials are expected to update their policies to align with the court's findings, potentially affecting how absentee and overseas ballots are processed going forward.