“Nearly 40 states and Washington, D.C., allow military or overseas U.S. citizens who have 'never resided in the U.S.' to cast ballots in a state if a parent or legal guardian last registered to vote in that state.”
Attributed to The Federalist (citing reporting by its staff and RNC materials)
Article states that nearly 40 states plus D.C. permit 'never residents' to vote based on a parent/guardian's last registration and describes the PROVE Act as proposed legislation to restrict that practice.
What the proof shows
Primary government sources (the Federal Voting Assistance Program and DoD inspector-general reports) say a substantial minority of states—36 as of FVAP’s 2017 survey—have statutory or administrative language allowing U.S. citizens who never resided in the United States to register and request ballots based on a parent/guardian’s last U.S. domicile. Advocacy groups and more recent summaries (U.S. Vote / Overseas Vote) put the number higher (about 38 states plus D.C.), and some congressional proponents have used a 39-state figure. The claim’s core (that many states and D.C. permit 'never-resided' citizens to vote using a parent/guardian’s last U.S. address) is correct, but counts vary by source and year, and important legal limits are omitted: some states allow only federal-only ballots, some require the parent be last registered (not merely last domiciled), and statutory language differs state-by-state. Because the Federalist article cites an advocacy count rather than the FVAP/DoD government count and omits those legal nuances, its phrasing is misleading by omission.
Corrected version
Government and election-administration sources show dozens of states permit U.S. citizens born abroad who never resided in the United States to register and request absentee ballots using a parent’s or legal guardian’s last U.S. residence; an official FVAP count (2017) found 36 states with such provisions, advocacy tallies (updated 2024) report about 38 states plus D.C., and some states limit eligibility to federal-only ballots or impose registration-based requirements.
Automated evidence confidence: 0%
References and proof
Every link was reachable when published. Each proof point states how that source bears on the claim.
Never Resided Voters — A Policy Brief ↗
Federal Voting Assistance Program (Department of Defense)Based on data from surveys ... FVAP estimates there were approximately 11,590 registered US citizen voters who never resided in the U.S. in 2016. Currently, 36 States allow never resided U.S. citizens to vote if a parent or legal guardian was last domiciled in the State.
US Overseas Citizens and Military Voting Reform Agenda (Overseas Vote / U.S. Vote Foundation) ↗
U.S. Vote Foundation / Overseas Vote38 states and the District of Columbia do grant the right to vote to U.S. citizens born abroad who have not established residency in the US. These voters use the 'voting residence' address of their parents.
Section 3511.01 - Ohio Revised Code (Definitions) ↗
Ohio Revised Code(3) A person who was born outside of the United States ... if both of the following apply: (a) The last place where the person's parent or legal guardian was ... eligible to vote before leaving the United States is within this state; and (b) The person has not previously registered to vote in any other state.
FAQ: Military and Overseas Voters (UOCAVA) — District of Columbia Board of Elections ↗
District of Columbia Board of ElectionsCan a US citizen who has never lived in the country register to vote and request an absentee ballot? A US citizen who has never resided in the US and has a parent or legal guardian that was last domiciled in the District of Columbia is eligible to vote in District of Columbia.
Congressman Abe Hamadeh Introduces PROVE Act to Ensure Election Integrity by Requiring Voters to Prove State Residency (press release) ↗
Office of Congressman Abe HamadehEven more shockingly, 39 states permit individuals who have never resided in the United States to cast ballots in our state elections. This policy applies in several crucial swing states ...
RNC Sues Colorado’s TDS-Afflicted Elections Chief For Violating State Constitution ↗
The FederalistNearly 40 states and Washington, D.C., allow military citizens who have 'never resided in the U.S.' to cast ballots if a parent or legal guardian last registered in that state. (cites Overseas Vote/U.S. Vote Foundation)
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