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Republican groups claim victory in ‘never resident’ litigation

(Carolina Journal) – State and national Republican Party groups are celebrating a court victory in a dispute over “never resident” voters in North Carolina.

The groups indicated Wednesday that Special Superior Court Judge Hoyt Tessener has issued a ruling favoring their position in the legal fight with the State Board of Elections and the Democratic National Committee.

At time of publication, Tessener’s ruling had not been posted on North Carolina’s eCourts portal. Tessener had indicated that he would issue an order in the case if parties could not reach agreement by this past Friday.

“This ruling confirms the state constitution forbids voting by individuals who have never lived in North Carolina,” North Carolina Republican Party Chairman Jason Simmons said in a prepared statement Wednesday. “The Court of Appeals and Supreme Court decisively ruled on this previously and the decision reaffirms the common-sense principle only North Carolina citizens can vote in North Carolina elections.”

“This is a clear win for fair and lawful elections,” said Republican National Committee Chairman Joe Gruters. “The court upheld the North Carolina Constitution and made clear that only North Carolina residents can vote in the state. The RNC will keep fighting to ensure that only eligible citizens can vote.”

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“Never residents” are adults born outside the United States whose parents or guardians last lived in this state before moving overseas. The state’s Uniform Military and Overseas Voter Act allows “never residents” to vote in North Carolina. But state and national Republican Party groups first challenged the law in 2024.

The issue played a role in the months-long dispute over the outcome of the 2024 state Supreme Court election between incumbent Democratic Justice Allison Riggs and Republican Justice Jefferson Griffin.

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