Trump DOJ expands crackdown on overseas voters over ID

Emails obtained by Democracy Docket show the Justice Department contacting multiple states about overseas voting compliance ahead of the 2026 midterms, emphasizing ID verification rules that could complicate voting for Americans abroad.

The latest outreach confirms that the message California officials received last month was not isolated.

Instead, the DOJ appears to be conducting a broader review of how states handle voter registration for Americans covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) — the federal law designed to protect voting rights for active-duty military members and civilians living overseas.

Internal emails show the department reaching out to election officials in Oregon and holding discussions with officials in New Mexico, similar to discussions they held with California election officials.

The email sent to Oregon’s secretary of state — almost identical to the correspondence sent to California — describes the effort as national in scope.

“As part of our nationwide UOCAVA enforcement program, we are assessing states’ efforts to ensure compliance in 2026,” wrote Justice Department trial attorney Brittany E. Bennett last month. “We would appreciate an opportunity to discuss Oregon’s preparations for UOCAVA compliance in next year’s federal election cycle [sic.] and any recent UOCAVA-related changes Oregon has adopted.”

UOCAVA requires states to send absentee ballots to eligible military and overseas voters at least 45 days before federal elections.

But the DOJ’s message also highlights another provision from a different federal law entirely — one that could create new confusion or scrutiny for voters living abroad.

“We would also like to remind you of the requirement to verify the driver’s license and social security numbers,” Bennett wrote. “Election officials must verify the accuracy of the information provided by the applicant by matching the driver’s license or Social Security number to a government database.”

That language refers to a provision of the Help America Vote Act (HAVA) requiring states to collect identifying markers for some voters using federal registration forms. But the law also includes explicit exemptions for overseas voters, meaning Americans voting from abroad are not typically required to provide photo identification when registering or casting ballots.

The department’s decision to highlight those verification provisions — unrelated to UOCAVA compliance — may raise concerns as overseas voters already face unique hurdles to voting. Americans living abroad may no longer have an active state driver’s license, may lack access to U.S. government databases or may have logistical hurdles in providing documents with identifying numbers.

The latest DOJ outreach comes as President Donald Trump and Republican lawmakers push for broader restrictions to voting access. 

The U.S. House last month passed the SAVE America Act, legislation that would impose nationwide documentary proof of citizenship and photo ID requirements to vote in federal elections, in-person and by mail.

Such proposals would create additional hurdles for Americans living abroad, including military, their families and civilians working overseas who rely on accessible absentee voting systems to participate in U.S. elections.

With the 2026 midterm elections approaching, the DOJ’s outreach suggests federal officials are strictly reviewing how states handle overseas voters — and scrutinizing states about identification requirements that could complicate how voters from different states register and cast ballots from abroad.