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Election Assistance Commission Weighs Proof-of-Citizenship Rule After Comment Flood

The four-member commission now faces a vote on whether to open formal rulemaking after receiving more than 380,000 public comments.

Overview

  • America First Legal petitioned the commission to require applicants to submit documentary proof of U.S. citizenship on the federal voter registration form.
  • The petition outlines acceptable documents such as a U.S. passport, a REAL ID driver’s license that lists citizenship, a military ID indicating citizenship, or a government photo ID accompanied by proof of citizenship.
  • Legal authority is disputed because the federal form already relies on a citizenship attestation under penalty of perjury and two courts have blocked the president’s similar executive order as exceeding his authority.
  • Voting-rights groups and election experts say noncitizen voting is illegal and extraordinarily rare and warn the proposed rule would impose unnecessary hurdles that risk disenfranchising eligible voters.
  • Republican lawmakers including Sen. Ted Cruz and Rep. Eli Crane and a coalition of 14 GOP attorneys general back the petition, while 19 Democratic attorneys general filed comments opposing it.