The PROVE Act requires non-military U.S. citizens living overseas to provide proof of recent in-state residence to receive an absentee ballot for federal elections.
Abraham Hamadeh
Representative
AZ-8
The PROVE Act establishes new requirements for non-military U.S. citizens living overseas who wish to vote in federal elections. These voters must now provide verifiable proof of a current in-state mailing address, which can belong to themselves, a spouse, parent, or legal guardian, to receive an absentee ballot. Voters who fail to provide this proof for a federal general election may instead vote in the District of Columbia election for that cycle. This new rule takes effect starting with elections held in 2026.
PROVE Act Adds New Residency Hurdles for Non-Military Overseas Voters Starting 2026
If you’re a U.S. citizen living abroad who isn't serving in the military, getting your absentee ballot for federal elections is about to get more complicated. The Proving Residency for Overseas Voter Eligibility Act (PROVE Act) changes the rules for how you prove your connection to your home state, starting with the 2026 elections.
The New Residency Requirement
Right now, non-military overseas voters generally follow existing state rules to request a federal absentee ballot. The PROVE Act, however, introduces a new, mandatory step: you must provide proof of a current residence address inside the state you want to vote in. This isn't just about listing your old address; the bill requires proof of a current residence. The good news is that this proof can be your own current address, or the current address of your spouse, parent, or legal guardian. If you’re a contractor working overseas, a teacher abroad, or a digital nomad, you’ll need to make sure you have that verifiable, current in-state address ready to go when requesting your ballot or a Federal Write-In Absentee Ballot (FWAB).
The Real-World Friction
For many overseas citizens, this new requirement is going to create real friction. Think about the long-term expatriate who moved 15 years ago but still maintains ties to their home state. If they don't have a parent or spouse currently residing there, they might struggle to produce documentation showing a 'current' residence address in that state. What counts as 'proof of a current residence address'? The bill doesn't specify, leaving the door open for state election officials to set potentially strict or inconsistent standards. This could lead to a lot of back-and-forth and rejected ballots, effectively making it harder for non-military citizens to participate in their home state’s elections.
The D.C. Detour
What happens if you can't provide the required proof? The PROVE Act offers an alternative, but it’s a significant switch. If you fail to provide the residency proof for a regular general election for Federal office, you are instead treated as a resident of the District of Columbia and allowed to vote in the D.C. general election for Federal office. Essentially, if you can’t clear the residency hurdle for your home state, you get rerouted to vote in the D.C. election instead. This might feel like a consolation prize for someone who wants to vote in their home state's critical Senate or House races, as it shifts their participation away from the elections that impact their state-level representation.
Who’s Exempt from the Change?
It’s important to note who is not affected by this new rule: members of the uniformed services serving overseas are explicitly exempt. This means the new documentation requirements only apply to the vast majority of non-military U.S. citizens living abroad. The bill is essentially creating two tiers of overseas voters, placing a new administrative burden only on the civilian population starting in 2026.