The Democratic National Committee (DNC) filed a federal lawsuit on October 1 against the Department of Defense (DOD) and the Office of Management and Budget (OMB), alleging that the removal of a checkbox from a voter registration form for Americans living abroad violates federal law. The Pentagon confirmed it used an emergency procedure to alter the Federal Post Card Application (FPCA) in late August, bypassing the standard public comment period.
The checkbox in question read: “I am a U.S. citizen living outside the country, I have never lived in the United States.” The DNC’s complaint, filed in the U.S. District Court for the District of Columbia, argues that the change violates the Administrative Procedure Act and could prevent eligible overseas voters from using the form to register in certain states. The DOD stated in its request to the OMB that the modification was necessary to align the form with the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which defines overseas voters as service members on active duty or civilians who would have been eligible to vote in their last U.S. domicile.
Background on the FPCA Change
The FPCA is the primary federal form used by U.S. citizens abroad—including military personnel and civilians—to register to vote and request mail ballots. The Pentagon submitted its request to the OMB for emergency approval on August 19, 2025, citing the need for immediate alignment with UOCAVA. The OMB granted the request without a public comment period, according to the DNC’s filing.
The DNC’s lawsuit asserts that 38 states and the District of Columbia allow overseas citizens to vote using the FPCA. The complaint cites a 2016 Pentagon estimate that approximately 11,590 U.S. citizens abroad were registered to vote through the form. The DNC alleges the change was made without sufficient justification and could disproportionately affect Americans born abroad who have never resided in the U.S.
Reactions from Overseas Voter Advocates
Advocates for overseas voters have raised concerns that the modification will create confusion and administrative hurdles. Doris Speer, president of the Association of Americans Resident Overseas, stated that the changes could deter voting by making the process unnecessarily complex. “The result will be confusion, chaos and fewer overseas votes,” Speer said in an interview with Yahoo News. She characterized the changes as an effort to complicate rather than prohibit voting for eligible Americans abroad.
The Pentagon has not publicly detailed the full scope of the FPCA changes beyond the removal of the checkbox. The DOD’s justification, as outlined in its OMB filing, hinges on the argument that the previous version of the form did not accurately reflect UOCAVA’s definition of overseas voters. The department did not respond to requests for further clarification on the emergency designation or the specific legal rationale behind the change.
Legal and Political Context
The lawsuit comes amid heightened political tensions over voting access in the U.S., particularly regarding mail-in ballots and overseas voting procedures. The Trump administration has previously pursued measures to restrict mail-in voting, including the proposed Save America Act, which would have required proof of citizenship for voter registration and photo ID for voting. While that legislation did not pass, the FPCA modification aligns with broader efforts to tighten voting protocols.
The DNC’s legal challenge seeks to reverse the FPCA change and reinstate the removed checkbox. The lawsuit does not specify a requested timeline for resolution but emphasizes the urgency of preventing voter disenfranchisement ahead of upcoming elections. The DOD and OMB have not yet filed a response to the complaint in court.
Who Is Affected?
The FPCA is used by an estimated 2 million Americans living abroad who are eligible to vote in U.S. elections. The removal of the checkbox could impact voters in states where eligibility hinges on residency history, though the full extent of the change’s impact remains unclear. The DNC’s lawsuit argues that the modification lacks transparency and undermines voter access without a compelling legal or procedural justification.