Trump allies, undeterred by setbacks in courts and Congress, push anew for citizenship proof to vote

The group is asking the commission, composed of two Republicans and two Democrats, to add the mandate to the federal voter registration form. It says requiring people to produce documents proving their citizenship is “essential to enhance the integrity and reliability of voter registration processes, ensuring that only eligible U.S. citizens are permitted to register and vote in federal elections.” A group of Republican U.S. senators and representatives described it as “simple, common-sense reform,” little different from showing ID to board an airplane or open a bank account.

Voting rights groups characterize such a requirement as unnecessary, cumbersome and a potential tool for voter disenfranchisement.

Noncitizen voting is illegal and extremely rare

The gambit before the Washington-based election commission is the latest attempt by conservatives to push a nationwide proof-of-citizenship requirement while raising the specter of noncitizen voting as a significant problem, when it fact it is extremely rare. Making claims about noncitizens voting was a major part of the Republican playbook during the 2024 presidential election, even though it is already illegal and punishable as a felony.

The petition to the Election Assistance Commission comes after Trump sought to force the body to enact an identical provision through an executive order on elections he issued in March. That order has been temporarily blocked by two federal courts, which found the action unconstitutionally exceeded his presidential authority. The Constitution gives states and Congress the power to set election rules.

In its petition, America First Legal dismissed those losses: “This premise remains contested in court, but it also leaves this Commission with the freedom to take commonsense election integrity measures on its own volition.”

What does the federal voter form require?

The federal voter form already requires registrants to affirm their U.S. citizenship under penalty of perjury. Violating it is a felony that can lead to imprisonment, fines and deportation. Congress deemed that approach adequate when it approved the Help America Vote Act, which established the commission in 2002.

The commission has discretion to make changes to the form, but there's disagreement over whether that includes being able to unilaterally impose such a significant new requirement on voters across the country. A spokesperson for the commission is on furlough during the federal government shutdown and did not respond to a request for comment.

America First Legal told the commissioners they have sufficient authority to act under a provision of the National Voter Registration Act of 1993. But Jonathan Diaz, director of voting advocacy and partnerships for the Campaign Legal Center, said the election commission first would need to determine that requiring documentation of citizenship is “necessary” to determine people’s eligibility.

“In my view, asking for information is one thing. Asking for additional documents and evidence beyond the information the form collects is another thing,” he said.

The consequences of noncitizen voting

Susannah Goodman, director of election security for the good-government group Common Cause, said cases of noncitizens voting in U.S. elections remain “extraordinarily rare” because the risks outweigh the rewards.

“The consequences of doing it are so great and citizenship is so precious, we don’t believe that this is the problem that they are trying to solve. Numbers don’t prove it out,” she said. “There is no threat to our democracy from noncitizens voting.”

In its petition, America First Legal said enforcement of the perjury provision is “nearly non-existent” and a system dependent “entirely on the honesty of applicants” is a recipe for fraud. The organization did not respond to an interview request.

“States are relying on a broken ‘trust but don’t verify’ system for registering voters,” Justin Riemer, president of the nonprofit Restoring Integrity and Trust in Elections, which filed public comment in support of the proposal, said in a statement. “The EAC’s registration form ties the hands of states trying to ensure that only citizens register and vote. That must change.”

Democratic Sen. Alex Padilla of California and Rep. Joseph Morelle of New York, outspoken proponents of voting rights, said adding such a requirement was unnecessary.

“States already have multiple systems in place to ensure that only eligible Americans vote in elections; states already determine voters’ citizenship statuses without the burdensome requirement requested in the petition,” they said in comments to the commission.

Legislation imposing a proof-of-citizenship requirement — the SAVE Act — passed the U.S. House earlier this year but has stalled in the Senate in the face of bipartisan opposition. Similar efforts also have run into obstacles when introduced in the states.

What kind of ID would be acceptable?

America First Legal’s petition lists four types of documentation that would meet the requirement: a U.S. passport; a state-issued REAL ID-compliant driver’s license that lists citizenship status; a military ID that indicates citizenship status; or a valid federal or state photo ID that either indicates citizenship or is “accompanied by proof of United States citizenship.”

Of the four, only a passport would be a universally reliable form of qualifying identification, although only about half of Americans have one. Only five states offer REAL ID driver’s licenses that indicate citizenship, and military IDs often don’t. Those invoking the other forms of federal and state photo ID that lack a citizenship indicator would need to present other documentation that's not listed, such as a birth certificate.

Diaz, of the Campaign Legal Center, said women who change their last name when they marry might have to present their birth certificate, their marriage certificate and a valid government identification. That was shown to be a barrier for some women who voted in a primary election earlier this year in New Hampshire, which was imposing a similar requirement for the first time.

“It's just creating hurdle after hurdle after hurdle for eligible U.S. citizens to be able to vote,” Diaz said.

The commission's next step is to review the comments and determine by a majority vote whether to proceed on the petition. Approval would be followed by more formal proceedings, including another comment period and public hearings.