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“If you’ve never lived in North Carolina, you shouldn’t decide North Carolina’s elections.” — Ken Cuccinelli, National Chairman, Election Transparency Initiative; former Attorney General of Virginia
North Carolina Court Ends Voting by Individuals Who Have Never Lived in North Carolina
Arlington, VA — June 11, 2026 — The Election Transparency Initiative (ETI) applauded a North Carolina court ruling ending a practice that allowed certain overseas voters who have never lived in North Carolina to vote in the state’s elections. In a decision made public this week, Wake County Superior Court Judge Hoyt Tessener ruled that individuals who have never resided in North Carolina are ineligible to vote in any North Carolina election contest, including both state and federal elections.
In a decision filed June 9, 2026, Wake County Superior Court Judge Hoyt Tessener granted summary judgment and ruled that individuals who have never resided in North Carolina are ineligible to register and vote in any North Carolina election contest, including both state and federal elections.
The ruling became publicly available only this week, nearly two weeks after the parties announced the outcome of the case, providing the public its first opportunity to review the court’s reasoning and legal conclusions firsthand. The court’s order can be viewed here. (Court document courtesy of Kyle Ingram, The Raleigh News & Observer.)
The ruling addresses so-called “never-resident” voters—individuals born overseas who have never lived in North Carolina but were previously permitted to vote based solely on a parent or guardian’s prior residency in the state.
The court concluded that North Carolina’s constitutional residency requirements control and that individuals who have never been domiciled in the state are not eligible voters in North Carolina elections.
“If you’ve never lived in North Carolina, you shouldn’t decide North Carolina’s elections,” said Ken Cuccinelli, National Chairman of ETI and former Attorney General of Virginia. “The court got this one exactly right. Voting is one of the most important responsibilities of citizenship, and it belongs to members of the political community who actually live under the laws and policies they are helping shape.”
Judge Tessener’s ruling follows prior appellate court decisions addressing the same constitutional question and rejects attempts to create one set of voter qualifications for state elections and another for federal elections.
“The Constitution doesn’t create two classes of voters depending on which office appears on the ballot,” Cuccinelli said. “Residency is a qualification for voting, not a qualification for only certain races. The court properly recognized that constitutional requirements apply consistently.”
ETI emphasized that the ruling does not affect military personnel, overseas citizens, or other voters protected under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Citizens who previously lived in North Carolina and later moved abroad remain eligible to vote under federal law.
“This decision protects legitimate overseas voting while ensuring that election outcomes are determined by eligible voters,” Cuccinelli said. “Nothing in this ruling prevents military personnel or former North Carolina residents living abroad from voting. It simply confirms that individuals who have never lived in the state cannot determine the outcome of elections in a state where they have never resided.”
The court further denied motions by the Democratic National Committee seeking dismissal of the case and transfer of the matter to a three-judge panel, instead concluding that the issue had already been addressed by North Carolina’s appellate courts and that no genuine dispute of material fact remained.
ETI noted that clear voter eligibility standards are essential to public confidence in elections.
“Elections work best when the rules are clear, constitutional, and applied equally to everyone,” Cuccinelli said. “North Carolina voters deserve confidence that the people deciding their elections are the people who actually live in North Carolina.”
The Election Transparency Initiative continues to support policies that strengthen election transparency, accountability, and public confidence in the electoral process.
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About the Election Transparency Initiative
ETI works nationwide to advance commonsense election reforms that protect the integrity of the vote and strengthen public trust in election outcomes by enhancing transparency, accountability, and confidence in American elections. Ken Cuccinelli serves as National Chairman of ETI. He previously served as Acting Deputy Secretary of the U.S. Department of Homeland Security and as Attorney General of Virginia.
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