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RNC sues New Jersey over voting law that lets people who never lived in the state cast ballots

Jake Covington,
 July 10, 2026

The Republican National Committee has taken New Jersey to court over a state law that allows certain individuals who have never resided in the state, or even in the United States, to register and vote using a relative's last known address. The lawsuit, filed in Mercer County Superior Court, argues the law violates the New Jersey Constitution's requirement that voters live in the state for at least 30 days before an election.

The legal challenge lands at a moment when Republican investigators say they have already found hundreds of noncitizens sitting on New Jersey voter rolls, some of whom cast ballots in prior elections. Together, the lawsuit and the voter roll findings form a two-pronged attack on what the RNC calls a broken election system in one of the bluest states in the country.

RNC Chairman Joe Gruters framed the suit in blunt terms:

"Democrats are allowing certain people who have never lived in New Jersey to vote in the state's elections. The RNC is taking them to court to stop this unconstitutional scheme, protect lawful voters, and secure New Jersey elections."

What the "never-resident" law actually allows

The challenged statute permits individuals who have never established residency in New Jersey to register to vote by listing a qualifying relative's last known New Jersey address. Under the state constitution, a voter must have been a resident of New Jersey for at least 30 days before an election. The RNC contends the law guts that requirement by treating a family connection as a substitute for actual residency, as the Washington Examiner first detailed.

The practical effect, Republicans argue, is that someone living abroad or in another state could cast a New Jersey ballot without ever having set foot in the state as a resident. That is not a hypothetical edge case, the RNC says. It is what the statute plainly permits.

The RNC points to a recent ruling in North Carolina as a favorable precedent. A North Carolina court held that "never-residents" cannot vote in future elections in that state, and as Newsmax reported, the RNC hopes to replicate that outcome in New Jersey. The New Jersey case is part of a broader RNC election integrity campaign targeting similar laws in multiple states.

Hundreds of noncitizens found on voter rolls

The lawsuit did not emerge in a vacuum. It follows a separate investigation by the RNC and the New Jersey Republican Party that uncovered what officials describe as systemic failures in voter registration.

The NJGOP and the RNC submitted public records requests to all 21 New Jersey counties seeking voter roll data. The results, even from an incomplete review, revealed hundreds of noncitizens on the rolls. Some of those individuals had actual voting histories. One noncitizen who was eventually removed from the rolls in 2015 had voted in the 2000 and 2001 elections and again in the 2008 general election, according to Fox News.

Most of the noncitizen registrants were listed as Democrats. Many told investigators they did not know they had been registered and said the registration happened through the Department of Motor Vehicles. That detail suggests the problem is not primarily one of intentional fraud by individual noncitizens but of a registration pipeline that fails to screen out ineligible people.

NJGOP Chairwoman Christine Giordano Hanlon said the findings so far likely represent a fraction of the real problem:

"We have just begun our analysis and already uncovered hundreds of instances of non-citizens placed on New Jersey's voter rolls over the past few years. With more records still outstanding, these findings are likely only the beginning."

Gruters emphasized the significance of the self-reporting element. The noncitizens identified so far are those who came forward on their own or were flagged through records matching. "This is just the people that have self-reported," he told reporters. The implication: the actual number of ineligible registrants could be far larger.

A DMV problem, not just a voter fraud problem

The connection to the Department of Motor Vehicles is a critical thread. Under motor voter laws, states register people to vote when they obtain or renew a driver's license. The system depends on accurate citizenship screening at the point of registration. When that screening fails, noncitizens can end up on voter rolls without ever requesting to be registered.

Several of the noncitizens found on New Jersey's rolls told investigators they believed the DMV had registered them automatically. If that account holds up, it points to an institutional failure rather than a conspiracy, but the result is the same: ineligible people on the rolls, and in some cases, ineligible people casting ballots.

Authorities have not publicly confirmed whether the state plans to audit its DMV registration procedures in response to these findings. Investigators will need to determine how many total noncitizens remain on the rolls across all 21 counties, how many cast ballots, and whether the registration errors trace to a specific policy change or a longstanding gap in verification.

The broader debate over election integrity has played out in courtrooms and legislatures across the country. The Supreme Court's recent 5-4 decision upholding state laws that count mail ballots arriving after Election Day underscored how deeply divided the legal system remains on questions about who votes, when, and under what rules.

"Every county we're finding people"

Gruters pushed back directly on the Democratic argument that noncitizen voting is a negligible or nonexistent problem. As Breitbart reported, the RNC chairman described the scope of the findings as eye-opening.

"I mean, it's really incredible because here the Democrats are saying that noncitizens never vote, this is a non-issue, but every county we're finding people that are self-reporting now," Gruters said.

Hanlon echoed the point in broader terms: "All Americans want free, fair, and secure elections and a system that maintains the public trust."

The findings have also fueled support for federal legislation. The SAVE America Act, which would require proof of citizenship to register to vote in federal elections, has gained momentum among Republicans who point to cases like New Jersey as proof that current safeguards are inadequate. No public timeline has been released for a vote on the bill.

The legal road ahead

The Mercer County lawsuit faces several hurdles. New Jersey's Democratic-controlled legislature passed the never-resident voting provision, and the state's attorney general will likely defend it. The core constitutional question is straightforward: does the 30-day residency requirement mean what it says, or can the legislature define residency to include people who have never actually lived in the state?

The North Carolina precedent helps the RNC's case, but state constitutional provisions differ, and New Jersey courts are not bound by another state's ruling. Investigators will also need to determine whether the never-resident provision has been used in practice and, if so, how many ballots it has affected.

Election integrity litigation has become a fixture of the legal landscape in recent years. The FBI's visit to a top Milwaukee County election official's home as part of a separate investigation highlighted the federal government's growing interest in how elections are administered at the local level.

In New Jersey, the RNC's strategy pairs the courtroom challenge with the public records investigation. Even if the lawsuit takes months to resolve, the drip of noncitizen voter data puts pressure on state officials to explain how hundreds of ineligible people ended up registered, and why some of them were able to vote without detection for years.

The question of accountability in election administration has surfaced in other states as well. A Colorado elections clerk convicted of tampering with election equipment walked free after the governor commuted her sentence, a case that drew sharp criticism from conservatives who argued it sent the wrong message about election security.

What comes next

The RNC has signaled that New Jersey is not the end of the line. The lawsuit is part of a multi-state campaign, and Gruters has framed the effort as central to the party's mission heading into the next election cycle. With records requests still outstanding in several New Jersey counties, additional disclosures about noncitizen registrants are likely.

New Jersey officials have not publicly responded to the lawsuit's specific claims. Investigators have not said whether any of the noncitizens found on the rolls will face legal consequences, or whether the state plans to implement new verification procedures at the DMV. Those decisions will shape whether the findings lead to structural reform or become another data point in an ongoing partisan fight.

Meanwhile, courts in multiple states are weighing similar questions about who qualifies to vote and what safeguards states must maintain. The DOJ's move to disqualify an Atlanta judge from a Georgia election case after a misconduct scandal is just one example of how tangled election law has become at every level of the system.

When hundreds of people who should never have been on the rolls turn up in county after county, the question stops being whether the system has a problem. The question becomes who is responsible for fixing it, and whether anyone in Trenton actually wants to.

About Jake Covington

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