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US service members abroad caught in the middle of overseas ballot battle raging between House Dems, GOP

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US service members abroad caught in the middle of overseas ballot battle raging between House Dems, GOP

A group of House Democrats is protesting proposed GOP-led voting restrictions cracking down on overseas ballots, arguing that the measure – the latest in a string of GOP-led efforts to strengthen election security – is overly restrictive and risks disenfranchising thousands of U.S. service members stationed abroad. 

Their protest comes just weeks after six out of eight House Republicans from Pennsylvania’s congressional delegation filed a federal lawsuit earlier this month, aiming to get the Keystone State to add additional vetting processes for U.S. residents living overseas. 

Republican plaintiffs argued that current law makes it possible for these residents to register and vote in elections without proper identification. They can then “receive a ballot by email and then vote a ballot without providing identification at any step in the process,” the group alleged.

FLURRY OF PRE-ELECTION LEGAL CASES IS NOW ‘STANDARDIZED’ STRATEGY, EXPERTS SAY

The town of Charleroi, Pennsylvania. (Adam Shaw/Fox News Digital)

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But that contention has been met with fierce resistance by the half-dozen Democrats in Congress, who argued that the level of vetting sought by Republicans would disenfranchise “tens of thousands” of overseas voters in their states – including, importantly, U.S. service men and women stationed abroad.

In a letter to Defense Secretary Lloyd Austin, six Democrats, all of whom served in the U.S. military, voiced deep concern over the lawsuit and its potential for discounting the votes of U.S. service members in key battleground states.

The letter, sent by Reps. Pat Ryan of New York, Seth Moulton of Massachusetts, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Mike Thompson and Salud Carbajal of California, and shared with Fox News, argued that the GOP-led push is an unfounded attempt to discount the votes of a once-Republican demographic, which has shifted in recent years to favor Democratic candidates. 

The lawsuit, they added, threatens to disenfranchise “tens of thousands” of service members abroad.  

And in a neck-and-neck election, this group of voters could play a decisive role. 

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More than 1.2 million overseas ballots were cast in the 2020 election, according to data from the U.S. Election Assistance Commission. In Pennsylvania alone, there are roughly 25,000 registered U.S. voters living abroad. 

“Election-denying extremists, afraid they are losing this election, are actively working to disenfranchise members of our military deployed outside of the United States,” Houlahan, an Air Force veteran, told Fox News. 

NEBRASKA HIGH COURT RESTORES VOTING RIGHT FOR THOUSANDS OF CONVICTED FELONS

Six House Republicans from Pennsylvania filed a federal lawsuit to push the Keystone State to add additional vetting processes for U.S. residents living overseas. (iStock)

All six Republicans named in the lawsuit had also voted against certifying Pennsylvania’s electoral votes in the 2020 election, she added.

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But in the final sprint to Election Day in a dead-heat presidential race, these court battles aren’t confined solely to Pennsylvania. 

In recent weeks, the Republican Party has filed similar lawsuits challenging the overseas registration process for voters in North Carolina and Michigan, each considered “toss-up” states in the 2024 election, and where Vice President Kamala Harris and former President Trump are tied nearly neck-and-neck.

GOP plaintiffs argued in both states that the overseas voters do not meet the necessary criteria to register and vote in the election.

Asked for comment, Rep. Guy Reschenthaler, one of six Pennsylvania Republican plaintiffs, told Fox News that the case “is simple.” 

The Pennsylvania Department of State is “unlawfully diluting the rightful ballots of the brave men and women who serve our nation and their family members,” he said in a statement. “Unelected career bureaucrats have no right to ignore federal laws that secure our elections.”

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“In the Navy JAG Corps, I made daily trips into the red zone in Baghdad, this is personal to me,” he added. “I will always stand up for those in uniform who deserve to have their right to a secure election protected.”

Houlahan dismissed the lawsuits in a statement of her own, however, describing them to Fox News as an “assault on the patriotism of the soldiers, sailors, airmen, and guardians who have taken an oath to defend and protect the United States,” and on their spouses and families also living overseas. 

SOLDIERS WERE FIRST: HOW AND WHY THE STATES STARTED AND NOW HANDLE EARLY AND ABSENTEE VOTING

“It is desperate, cynical, and unconstitutional to attempt to deprive American citizens – no matter where they live – of their right to vote and to have their votes counted,” Houlahan said. 

There are also important questions of standing in each of the cases. 

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Though federal law defers to individual states to establish their own election rules, the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA, tasks the secretary of defense with implementing the registration and voting for U.S. service members and government employees living abroad. 

The UOCAVA, passed in 1986, states that the voting process for Americans living overseas should not be “overly burdensome.” It has also twice been significantly revised and modernized to improve the process of overseas voting, according to a Congressional Research Service report. 

These changes were ordered in 2001, in response to controversy over the 2000 presidential election, including ballots cast by U.S. voters in Florida and overseas, and then in 2009, as a result of new efficiency standards included in the 2010 NDAA. 

Vice President Kamala Harris greets members of the military at the North Carolina Air National Guard in Charlotte, North Carolina. (AP/Chris Carlson)

“While some of our colleagues are actively seeking to sow discord and misinformation, we urge you to carry out President Biden’s executive order and Federal Law to the best of your ability and ensure that all Americans have their constitutionally guaranteed right to participate in federal elections,” the lawmakers told Austin in their letter. 

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It’s unclear how the lawsuits will turn out, though a judge in Michigan said last week that the Republican plaintiffs waited too long to bring their claims before the court, noting that the court “shouldn’t be changing the rules for this election two-and-a-half weeks ahead of time.”

North Carolina, for its part, will hear from Republicans this week. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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Alleged criminal history of missing mom found after 24 years catches up with her

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Alleged criminal history of missing mom found after 24 years catches up with her

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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.

Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.

Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.

An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.

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The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)

Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”

Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.

A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)

MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT

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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.

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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.

On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.

A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)

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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.

“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.

Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself. 

“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.

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Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001.  (Bring Michele Hundely Smith Home/Facebook)

In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.

Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.

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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.

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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.

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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.

The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

TENNESSEE BODYCAM OF ‘MARYLAND MAN’ TRAFFIC STOP SHOWS TROOPERS’ HANDS TIED DESPITE SMUGGLING CLUES

A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

DHS OFFICIAL RIPS KILMAR ABREGO GARCIA FOR ‘MAKING TIKTOKS’ WHILE AGENCY FACES GAG ORDER

Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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