Wake judge blocks never-resident overseas voters in federal elections

Wake County Superior Court Judge Hoyt Tessener has ruled that North Carolina cannot let so-called never residents vote in federal elections, saying the State Board of Elections ran afoul of the state constitution. Never residents are U.S. citizens born abroad who have never lived in North Carolina. The decision, made public May 28, 2026, sided with the Republican National Committee and the North Carolina Republican Party.

The ruling closes a gap Republicans said the previous Democrat-led board left open. State courts had already said never residents could not vote in North Carolina state races, but the board had argued those voters could still cast ballots in federal contests. Tessener’s order rejects that split approach and puts federal-election practice on the same footing as the state-court rulings that barred those voters from state contests.

The case is part of a longer fight over who can appear on North Carolina’s voter rolls and who can cast ballots in close elections. It comes after the prolonged 2024-2025 legal battle over the Supreme Court race between Jefferson Griffin and Allison Riggs, a contest that was not certified until May 2025 after months of litigation. The new ruling adds another layer to the debate over how far state election officials can go when they administer federal absentee voting.

That question matters quickly in North Carolina. The statewide general election is scheduled for Nov. 3, 2026. Absentee voting begins Sept. 4, and early voting runs Oct. 15 through Oct. 31. Most voters must register 25 days before Election Day, while military and overseas voters have an extended deadline.

The State Board of Elections says military and overseas voters are covered by the federal Uniformed and Overseas Citizens Absentee Voting Act and North Carolina’s Uniform Military and Overseas Voters Act. Its guidance also says federal absentee voting procedures apply to eligible service members, family members and U.S. citizens outside the country. Tessener’s ruling forces election officials to reconcile that framework with a constitutional interpretation that excludes never residents from voting in North Carolina federal elections.

RNC Chairman Joe Gruters called the decision a win for fair elections. The practical effect now falls to election administrators in Wake County and across the state, who must adjust voter eligibility rules, ballot handling and roll maintenance before absentee ballots go out and early voting opens.