Republicans sue Virginia over “nonresident voting” policy in election dispute

The Republican National Committee (RNC) has filed a lawsuit against Virginia election officials, alleging the state is violating its own constitution by allowing non-residents to cast ballots in state elections.

The lawsuit, filed Monday in Richmond’s Circuit Court, targets a Virginia statute that permits individuals who have never resided in the state to vote if Virginia was their parents’ last eligible voting location. This practice, according to the RNC, contradicts the Virginia Constitution’s explicit requirement that voters must demonstrate proof of residency.

“Virginia officials are ignoring the Virginia Constitution and allowing ineligible voters to cast ballots,” said RNC Chairman Joe Gruters in a statement. “The RNC and RITE PAC are taking this action to enforce the law and ensure non-residents are not diluting the votes of Virginians.”

The legal challenge names seven elected officials as defendants, including Fairfax County Electoral Board General Registrar Eric Spicer. According to the lawsuit, Spicer has registered voters who explicitly stated on their registration forms: “I am a U.S. citizen living outside the country, I have never lived in the United States.”

“The Virginia Constitution clearly states you must show proof of residency in order to vote in Virginia elections,” explained RNC Election Integrity Communications Director Ally Triolo. “We’re trying to make sure that Virginia elections are truly for Virginians and close that loophole where people who have never even lived in the state or sometimes even the country cannot register to vote in Virginia.”

The lawsuit was jointly filed by the RNC, RITE PAC, and Matthew Hurtt, who serves as the chairman of the Arlington GOP. In an email to Arlington GOP committee members, Hurtt explained their aim is to have the court “declare the relevant statutes unconstitutional and to require election officials to limit voting to individuals who meet Virginia’s residency requirements.”

This legal action is part of a broader election integrity campaign by the RNC, which has similar lawsuits pending in Michigan and Arizona, and previously won a comparable case in North Carolina. In April 2025, a North Carolina appeals court ruled in favor of the RNC, finding that the state’s election board violated state law by allowing “never residents” to vote.

The issue stems from the distinction between federal and state voting laws. Under federal law, military service members stationed overseas and their spouses are permitted to cast absentee ballots based on their last state of residence. However, Virginia’s statute extends this privilege to individuals who have never established residency in the state, using their parents’ last voting location as qualification.

The Virginia Department of Elections has declined to comment on the pending litigation.

According to Triolo, the RNC currently has more than 120 active lawsuits across the country focused on election integrity. “The RNC is fighting tooth and nail to protect the ballot box. This is one of our key priorities here, which is ensuring that our elections are fair, they’re free, they’re transparent, they are secure,” she said.

The case highlights ongoing tensions between expanding ballot access and maintaining electoral safeguards. While proponents of Virginia’s current statute argue it enfranchises citizens with legitimate ties to the state, critics contend it undermines constitutional requirements and potentially dilutes the votes of actual state residents.

The outcome of this case could have significant implications for Virginia’s electoral procedures, particularly as states nationwide continue to grapple with questions of voter eligibility and registration requirements ahead of future elections.