RNC Sues Virginia Over ‘Nonresident Voting’ Claims, Targets Military Kids Who Never Lived There

The Republican National Committee (RNC) is taking Virginia to court, alleging the state is violating its own constitution by allowing “nonresident” voters to cast ballots in state and federal elections. The RNC’s complaint centers on a Virginia statute that permits individuals who have never lived in the state to vote based on it being their parent’s last eligible voting location—a provision the GOP claims undermines election integrity.

According to the lawsuit filed Monday in Richmond’s Circuit Court, Virginia officials have accepted ballots from people who “have never even lived in the state or sometimes even the country.” The RNC argues this practice violates the state constitution’s residency requirements and dilutes the votes of bona fide Virginians.

“The Virginia Constitution clearly states you must show proof of residency in order to vote in Virginia elections,” said Ally Triolo, the RNC’s Election Integrity Communications Director. “We’re trying to make sure Virginia elections are truly for Virginians and close that loophole.”

This case is the fourth in a series of lawsuits by the RNC targeting similar “nonresident voting” provisions in states including Michigan, Arizona, and North Carolina. These laws often hinge on federal statutes like the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which allows military personnel and their families stationed abroad to vote absentee based on their last residence.

But the Virginia statute goes further, extending voting rights to children of former residents who have never set foot in the state. The RNC contends this exceeds federal allowances and violates state law.

Republican Party Chairman Joe Gruters condemned the practice in a statement, saying, “People who have never lived in Virginia—or even in the United States—should not be voting in Virginia’s elections.” He added that the RNC and its allies are suing to “enforce the law and ensure nonresidents are not diluting the votes of Virginians.”

The lawsuit names seven election officials as defendants, including Fairfax County Electoral Board General Registrar Eric Spicer. The complaint highlights instances where voters registered with declarations such as “I am a U.S. citizen living outside the country, I have never lived in the United States.”

While the RNC has not provided figures on how many ballots may have been cast by such voters, it said it is actively reviewing state voter rolls to identify irregularities.

This legal push comes amid heightened national tensions over election integrity, with Republicans seeking to restrict voting access and Democrats warning against voter suppression. The RNC’s efforts echo a broader strategy to challenge election laws and practices in battleground states ahead of the 2026 midterms.

Similar litigation in North Carolina led to an appeals court ruling in April 2025 that the state’s election board violated the constitution by allowing “never residents” to vote. The outcome of the Virginia case could set a precedent affecting dozens of states with comparable statutes.

At stake is the fundamental question of who gets to vote and whether states can extend voting rights beyond their borders to children of citizens living abroad. The RNC’s lawsuit frames this as a fight to protect the integrity of state elections, but critics warn it could disenfranchise military families and overseas citizens.

Only Clowns Are Orange will continue to monitor this evolving legal battle as it unfolds, exposing the partisan games threatening democratic participation.