Why are U.S. citizens born overseas to parents eligible to vote in a state where they’ve never lived?
That’s a question every American should be asking their state lawmakers.
Another question Americans should be asking is why would any lawmaker or secretary of state would be in favor of someone voting in their state who’s never lived there? Isn’t voting supposed to be about choosing the candidate who will best represent the US citizen living in their community, state or federal government?
In a significant ruling just days ago, Special Superior Court Judge Hoyt Tessener delivered a major win for election integrity in North Carolina. The court sided with Republican groups who argued that “never resident” voters — individuals born overseas who have never lived in North Carolina — should not be allowed to vote in any elections in the Tar Heel State.
ELECTION INTEGRITY WIN!
Never Resident voting is officially UNCONSTITUTIONAL. The ruling from a Wake County judge confirms the common sense principle only North Carolina citizens can vote in North Carolina elections. #NCPOL pic.twitter.com/SYqsuYTb9n
— NCGOP (@NCGOP) May 27, 2026
This latest decision builds directly on previous rulings by the North Carolina Supreme Court. In 2025, during the hotly contested Supreme Court race between Democrat Allison Riggs and Republican Jefferson Griffin, the NC Supreme Court ruled 4-2 that “never residents” are not eligible to vote in state and local elections under the North Carolina Constitution. The court made it clear: only actual residents of North Carolina can vote in North Carolina elections.
The new Superior Court ruling goes even further by addressing federal elections, closing the loophole that Benson-style election officials have been exploiting nationwide.
Michigan’s Parallel Fight To Keep Inelligible Voters Allegedly Living in Foreign Countries from Voting In State and Federal Elections
This battle is not limited to North Carolina. In Michigan, the Michigan GOP and the Republican National Committee sued Jocelyn Benson only weeks before the November 2024 general election.
On October 9, the MIGOP and RNC filed a lawsuit against MI SOS Jocelyn Benson and Jonathan Brater, Director of the MI Bureau of Elections demanding that Benson follow the Michigan Constitution, which requires voters to have actually resided in the state. The lawsuit targets the Secretary of State’s policy that allows UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) voters — including civilians who have never lived in Michigan — to register and vote using their parents’ old address.
On October 21, a Democrat Judge Sima Patel, a Democrat Governor Whitmer appointee, dismissed the MIGOP and RNC lawsuit against MI SOS Jocelyn Benson and the MI Director of Elections, Jonathan Brater. The lawsuit simply asked for the two top election officials to follow the MI Constitution and verify that ONLY Michigan residents can vote in our elections from overseas:
The Michigan Constitution allows Michigan residents—and only Michigan residents—to vote. See Const. 1963, art. 2, § 1 (“Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.”)
The Michigan judge said the lawsuit was an attempt to “disenfranchise” voters.
Despite clear constitutional language requiring six months of residency in Michigan, Benson’s office has been interpreting federal UOCAVA rules in a way that allows “never residents” to vote.
Michigan Constitution of 1963, Article II, Section 1 clearly states:
“Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution.”
MI SOS Jocelyn Benson took to “X” to boast about the judge’s decision while, at the same time, misleading Michigan voters into believing the lawsuit had anything to do with “military voters” in a post on “X.”
She wrote: “A win for voters and democracy today in Michigan!” adding, “A federal court upheld our work to ensure military service members and their families serving overseas can vote, rejecting the RNC lawsuit as an “11th hour attempt to disenfranchise these electors.”
I responded to her dishonest propaganda tweet with a chart showing the large disparity in numbers between overseas non-military compared to military members and their families.
MOST of the UOCAVA voters are not US military or family members.
The lawsuit was not aimed at US military members, as they DEFINITELY provide ID & are legitimate residents of the state where they vote.
You are not telling the truth Jocelyn Michelle Benson. pic.twitter.com/f2RwU6Unjk
— PattyMI (@PattyLovesTruth) October 22, 2024
In August 2025, the Michigan Court of Appeals rejected the appeal filed by the Republican National Committee, the Michigan Republican Party, and a local clerk against Secretary of State Jocelyn Benson.
The court ruled that the lawsuit was filed too late. They said the delay would have caused major problems for the 2024 election. Because of this, the case was thrown out.
The judges did not decide the main issue: whether people who have never lived in Michigan should be allowed to vote in Michigan elections. As a result, Jocelyn Benson’s current policy allowing these “never resident” voters remains in place, which is a clear violation of the constitution.
Curiously, the appeals court never mentioned the millions of MI voters, including those serving in our US military, whose votes are at risk of being canceled out by an unchecked system of voting only available to overseas, non-military voters, who potentially have the ability to change the outcome of the elections in Michigan.
These cases highlight a growing national crisis. Progressive election officials are using obscure interpretations of federal law to allow people who have never set foot in a state to cast ballots that can decide close elections. Military voters and their families are being used as cover while large numbers of non-residents flood the system.
North Carolina’s courts have now repeatedly affirmed what should be common sense: Only residents should vote in their state’s elections.
Will Michigan’s courts have the courage to do the same? Or will Jocelyn Benson continue her crusade to keep Michigan’s elections as opaque and unsecure as possible?
The post BIG WIN IN N CAROLINA: Court Reaffirms “Never Residents” Cannot Vote – While Michigan SOS Benson Continues to Defy Constitution–Allows Individuals To Vote That Never Lived in State appeared first on The Gateway Pundit.