Attorney General Bonta Fights Trump Administration Effort to Make Voting Harder for Certain U.S. Citizens Living Abroad

OAKLAND — California Attorney General Rob Bonta co-led a multistate coalition in opposing a change made by the U.S. Department of Defense (DOD) to the Federal Post Card Application, which overseas voters use to register to vote and request an absentee ballot. In August 2026, the Trump Administration adjusted the Federal Post Card Application and quietly removed a checkbox that stated, “I am a U.S. citizen living outside the country, I have never lived in the United States.” As a result, the form no longer gives U.S. citizens who were born abroad and who are still living abroad a way to indicate their eligibility to vote, putting their ability to cast a ballot at risk. DOD used a baseless emergency claim to bypass the usual public comment process, arguing that removing the checkbox was necessary to prevent voter confusion and ensure compliance with federal law. DOD has now opened the revised form to public comment in an effort to make the removal permanent. In the letter, Attorney General Bonta and the coalition argue that the change is unlawful, would disenfranchise U.S. citizens, and harms states.

“The Trump Administration has repeatedly attempted to interfere in our elections and undermine the fundamental right to vote. My fellow attorneys general and I have proudly challenged these efforts at every turn,” said Attorney General Bonta. “This is yet another unlawful barrier the Administration is putting in the way of Americans seeking to cast their ballots.”

The U.S. Constitution assigns states, not the federal government, the role of determining eligibility for federal and state elections. Thirty-seven states and the District of Columbia allow U.S. citizens who have never lived in the country to vote. For example, California allows U.S. citizens born abroad who have never lived in the United States to vote by absentee ballot if their parent or legal guardian was last a California resident. Under federal law, these states use the Federal Post Card Application to register and process absentee voting requests from these U.S. citizens living overseas.

Individuals born abroad who have never resided in the United States may qualify for citizenship through several pathways, including: (1) birth to a U.S. citizen parent; (2) acquiring citizenship as a child through a parent’s naturalization or adoption by U.S. citizens, subject to certain conditions; and (3) obtaining citizenship through a naturalization process available to certain children of U.S. citizens living abroad.

Attorney General Bonta and the coalition submitted their opposition to DOD's revised form, arguing that: 

• U.S. citizens may be deterred from voting by this change.
• This change creates yet another unnecessary obstacle for overseas U.S. citizens when registering to vote and submitting their ballot. 
• This change harms states that rely on the form to facilitate overseas voting.
• DOD failed to adequately explain its emergency changes, in violation of the Administrative Procedure Act. Among other things, DOD ignores the fact that never-resided U.S. citizens have used the Federal Post Card Application for years without issue.

In submitting the comment letter, Attorney General Bonta, Nevada Attorney General Aaron D. Ford, and Washington Attorney General Nicholas W. Brown co-lead the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and the District of Columbia.

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