Voting Beyond State Borders: New Jersey’s Controversial Voting Law
September 30, 2026
In 2022, New Jersey amended its state voting regulations, extending the ability for New Jerseyans who are living abroad to vote beyond Congress’ Uniformed and Overseas Citizens Absentee Voting Act. New Jersey, in accordance with Article I, Section 4, Clause 1 of the United States Constitution, is permitted to control the time, place and manner of its elections, and thus, on its face, New Jersey’s voting regulation does just that. However, with the midterm elections on the horizon, New Jersey Republican Committee members, including Michael McGuire, a candidate running for the 3rd District House seat, are suing the state, asserting that the 2022 updated voting law enables certain individuals who have never been to the United States (let alone New Jersey) to participate in the New Jersey voting process.
Specifically, the Republicans express their concern over N.J.S.A. 19:59-2(f), which states that an:
“‘Overseas federal election voter’ means any citizen of the United States who was born outside of the United States…otherwise satisfies the State’s voter eligibility requirements, if the last place where a parent, legal guardian, spouse, partner in civil union, or domestic partner of the voter was, or under P.L.1976, c.23 (C.19:59-1 et seq.) would have been, eligible to register and vote before departure from the United States is within New Jersey and the voter has not previously registered to vote elsewhere in the United States.”
Republicans stress that one of the predominate concerns associated with this legislation is the fact that certain individuals who are eligible to vote in New Jersey elections have no concrete ties to the State, and thus the people uniquely eligible under N.J.S.A. 19:59-2(f) will dilute the votes of New Jersey residents who have a genuine interest in controlling the future of the State through their power at the polls. Those living abroad may not necessarily understand the concerns weighing on the minds of New Jersey residents who are presently situated within the State’s borders. Preserving the integrity of the election process is central to the democratic process, and the GOP asserts in their complaint that Republicans’ “ability to compete in the upcoming election is hampered as a direct result of Defendants’ refusal to ensure that only qualified voters may register and vote in elections in New Jersey, which risks opening the door to potentially illegal voting and invalid election results.”
Democratic Governor, Mikie Sherril, urges New Jersey residents that the right to vote must be protected at all costs, and that the Governor’s office will work to counteract the GOP’s lawsuit. A spokesperson for the New Jersey Attorney General’s Office states that “the right to vote is sacred, and Governor Sherrill and Attorney General Davenport will continue to ensure that eligible military and overseas voters are able to cast their ballots in our state’s elections.” New Jersey Democrats argue that the primary concern with the GOP’s lawsuit is that military personnel will be unable to vote if the Republican objectives succeed. As legally required, the New Jersey Governor urges people to feel confident that the State will protect the right of qualified nonresidents to vote. The question remains how New Jersey will balance the interests of residents within its defined borders with those of eligible New Jerseyans currently abroad.