Introduction – what truly defines an American voter?
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No constitutional right to vote
The U.S. constitution does not give U.S. citizens a constitutional right to vote. Rules for and eligibility to vote are granted (or not) on a state by state basis. The voting “rights” of Americans abroad has been the subject of significant advocacy over the years. In January of 2024 I wrote an extensive post detailing the history of AARO’s advocacy in lobbying for voting rights for Americans abroad.
Then – 1975 – AARO was a trailblazer in securing expat voting opportunities
The Unknown Ambassadors: A Saga Of Citizenship – Phyllis Michaux
Now – 2026 – AARO is a trailblazer in protecting expat voting rights
Approximately 50 years later, the taxation of Americans abroad has increased in scope and become more punitive. Almost 50 years later, a number of proposed U.S. laws would clearly diminish the voting rights of Americans abroad. To put it simply, this is absolutely, positively:
Taxation without representation!
AARO continues to take the lead
Once again, AARO is taking the lead in educating the public and advocating for the voting “rights” of Americans abroad. In early February AARO published:
State of Play on Voting by Americans Abroad Our Battle to Keep the Vote Continues
Direct link to AARO paper
https://aaro.org/images/pdf/STATE_OF_PLAY_2026_FEB_16_FINAL.pdf
PDF of paper:
STATE_OF_PLAY_2026_FEB_16_FINAL
A general summary of the paper includes:
Defending the Vote: State of Play for Americans Abroad
This 2026 white paper from the Association of Americans Resident Overseas (AARO) details escalating legal and legislative challenges to the voting rights of U.S. citizens living abroad. The report highlights federal bills like the SAVE and MEGA Acts, which threaten to mandate in-person citizenship verification and eliminate essential ballot grace periods. At the state level, numerous jurisdictions are considering measures to restrict absentee access or disenfranchise citizens born overseas who have never resided in the U.S. AARO argues that these requirements create severe security risks and administrative hurdles that could effectively block millions from participating in elections. To counter these trends, the organization is engaging in litigation and advocacy, urging members to contact representatives to protect their constitutional right to vote. The document serves as both a status report on current threats and a call to action for the global American community.
The following podcast is AI generated based on AARO’s paper. It does an excellent job describing the contents of the paper and why this matters HUGELY for Americans abroad!
John Richardson – Follow me on X.com/expatriationlaw
