Documentary proof of citizenship for voting

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All 49 states with voter registration systems (North Dakota does not have a voter registration system) require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.

Some states have also established documentary proof of citizenship laws, which require individuals to provide documents verifying their status as U.S. citizens when registering to vote or, in one state, when updating their voter registration with a new name or address. Other states require proof of citizenship only if a person's citizenship status cannot be verified via other means, such as state driver's license data.

The exact documents required for proof of citizenship vary from state to state, but generally include a birth certificate, U.S. passport, naturalization documents, or consular records documenting the birth of a U.S. citizen abroad.

Some states require certain groups of voters, such as those whose citizenship status is challenged, to provide proof of citizenship to vote. No state requires all voters to present proof of citizenship at the polls.

All states require election officials to maintain voter registration lists and remove voters who have died, moved out of state, or been convicted of a felony. As part of those efforts, some states require state and local election officials to check state or federal citizenship records as part of voter list maintenance. In other states, election officials may voluntarily enter into agreements with federal agencies to conduct citizenship checks. If a noncitizen is identified as part of the voter list maintenance process, they are removed from the voter rolls.

By the numbers
  • Nine states — Alabama, Arizona, Georgia, Kansas, Louisiana, Mississippi, New Hampshire, Ohio, and Wyoming — have laws requiring proof of citizenship to register to vote in at least some cases.
    • As of February 2026, Alabama and Louisiana have not implemented their proof of citizenship laws. A federal court blocked Kansas' proof of citizenship law in 2018.
    • One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility.
    • Wyoming requires both new registrants and those updating their voter registration to provide proof of citizenship.
    • Two states, Georgia and Mississippi, require proof of citizenship at the time of registration if a person's citizenship status cannot be confirmed by other means.
  • Three states require a voter to provide proof of citizenship when voting under certain circumstances, such as if their eligibility to vote is challenged.
  • Twenty-three states require citizenship data to be used as part of the voter list maintenance process
Explore the topics below for detailed information:

Federal law on voting and citizenship

Federal law states that it is unlawful for a noncitizen to vote in federal elections and establishes the punishment of a fine, one year in prison, or both for violation of the law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states the following:[1]

“

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—

(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.

(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.[2]

”

The law includes the following exceptions:

“

(c) Subsection (a) does not apply to an alien if—

(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.[3][2]
 ”

Federal law also states that noncitizens who violate the law are inadmissible (ineligible to receive visas and ineligible to be admitted to the U.S.) and deportable.[4][5]

State laws on proof of citizenship

State laws on proof of citizenship when registering to vote


Alabama

An Alabama state law, passed in 2011, requires people to provide proof of U.S. citizenship when registering to vote.[6] However, as of February 2026, the law had not been implemented.[7][8]

An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.[9]

Arizona

Arizona requires voters to submit proof of citizenship with their voter registration application to vote in state and local elections. According to the Arizona Secretary of State's website: "A registrant who attests to being a citizen but fails to provide proof of citizenship and whose citizenship is not otherwise verified will be eligible to vote only in federal elections (known as being a "federal only" voter)."[10] Accepted proof of citizenship include:[10]

  • An Arizona Driver's License/Identification Number
  • Indian Census Number, Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment Number
  • A photocopy of U.S. naturalization documents
  • A photocopy of a birth certificate and supporting legal documentation (i.e., marriage certificate) if the name on the birth certificate is not the same as your current legal name.
  • A photocopy of a U.S. passport.
  • A photocopy of a Tribal Certificate of Indian Blood or Bureau of Indian Affairs Affidavit of Birth.

Georgia

Georgia compares the driver's license number or Social Security number on a person's voter registration form against state records to see if a person has provided proof of citizenship previously when applying for a driver's license or ID card. If they have not, an individual will be notified that they must provide proof of citizenship to vote.[11][12]

Kansas

In 2011, Kansas enacted a law requiring voters to provide proof of U.S. citizenship when registering to vote, with the law taking effect in 2013. However, the provision was challenged in court in 2016. On June 18, 2018, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule.[13] On June 20, 2018, Kobach’s office advised county clerks to comply with Robinson’s order.[14] Kobach appealed the decision to the United States Court of Appeals for the Tenth Circuit, which heard oral arguments on March 18, 2019. On April 29, 2020, a Tenth Circuit panel affirmed the district court's ruling.[15][16] In 2020, the U.S. Supreme Court declined to hear an appeal by Kansas in the case, allowing Robinson's ruling to stand.[17]

Louisiana

Louisiana state law requires a voter registration applicant to provide proof of citizenship to register to vote. As of February 2026, the state had not implemented the requirement.[18][19]

Mississippi

All voter registration applications are checked against state driver's license data. If a person is flagged as a possible non-citizen, the registrar is notified, and the person is checked against the United States Citizenship and Immigration Service’s Systematic Alien Verification for Entitlements (SAVE) system. If the SAVE data also indicates a person is a non-citizen, the person will be notified that they must provide proof of citizenship to vote.[20] Accepted proof of citizenship include:

  • A birth certificate, including a legible photocopy.
  • A U.S. passport, including a legible photocopy of the passport pages identifying the applicant and showing the passport number.
  • Naturalization documents, including a photocopy of the naturalization documents, and the number of the applicant's certificate of naturalization.
  • Any document deemed to be proof of citizenship under the Federal Immigration Reform and Control Act of 1986.[20]

New Hampshire

New Hampshire requires voters to provide proof of citizenship when registering to vote. Gov. Chris Sununu (R) signed HB 1569 into law on September 17, 2024. The legislation required voter registration applicants to provide one of the following at the time of registration:

  • A birth certificate,
  • A passport,
  • Naturalization papers if the applicant is a naturalized citizen, or
  • Any other reasonable documentation which indicates the applicant is a United States citizen.[21]

Ohio

Ohio requires those registering to vote or updating their voter registration information at a Bureau of Motor Vehicles facility to provide proof of citizenship before being allowed to do so.[22] Individuals registering to vote in other settings do not have to provide proof of citizenship but must attest to their citizenship in a sworn statement.[23]

Wyoming

Wyoming requires voters to provide proof of citizenship. Accepted proof of citizenship include:

  • A valid state ID or driver's license, provided the ID does not indicate the person is a noncitizen,
  • A valid tribal ID, provided the ID does not indicate the person is a noncitizen,
  • A valid driver's license or ID card from another state that was issued in accordance with the REAL ID Act, provided it does not indicate the individual is not a U.S. citizen,
  • A valid U.S. passport,
  • A certificate of U.S. citizenship or naturalization,
  • A selective service registration acknowledgement card or military draft record. *Documentation of a birth abroad issued by the State Department, or
  • An original or certified copy of a birth certificate in the U.S. bearing an official seal.[24][25]


State laws on proof of citizenship at polls

No state requires all voters to provide proof of citizenship at the time they cast a ballot.[26] As of February 2026, three states may require some groups of voters to provide proof of citizenship under specific circumstances, such as if their eligibility is challenged at the polls. Other states may ask voters to provide proof of citizenship as part of a voter challenge, but do not have specific procedures in place requiring it.

Nebraska

Under Nebraska law, if a person's citizenship status is challenged by another voter, they will first be asked to provide naturalization papers. If they cannot provide those papers, they will be asked to provide information to ascertain their citizenship or naturalization status.[27]

North Dakota

North Dakota requires election officials to set a voter's ballot aside if they present an ID stating that the person is a noncitizen. The ballot is only counted if the voter presents an ID or driver's license without the noncitizen notation "before the meeting of the canvassing board occurring on the thirteenth day after the election."[28]

Ohio

Ohio law requires election officials to challenge a voter's eligibility if they present an ID that states the person is a noncitizen of the United States. To vote, a person must then provide proof of citizenship or cast a provisional ballot and provide proof of citizenship within four days of the election.[29]

State laws on citizenship checks for voter list maintenance

All states with voter registration conduct regular maintenance of their voter rolls, including removing certain names from their lists of registered voters if they are no longer eligible to vote.

Some states specifically require election officials to incorporate state, local, or federal data on citizenship into the voter list maintenance process and mandate that any noncitizens have their voter registration cancelled. This includes comparing voter rolls to lists of individuals dismissed from federal jury duty because of their citizenship status, lists of individuals who have obtained noncitizen driver's licenses, and other state or federal datasets.

In addition, some states mandate that election officials crosscheck voter registration lists with the Systematic Alien Verification for Entitlements (SAVE) program, which is run by U.S. Citizenship and Immigration Services (USCIS). USCIS describes SAVE as "an online service for registered federal, state, territorial, tribal, and local government agencies to verify immigration status and U.S. citizenship of applicants seeking benefits or licenses."[30] Some states may also check their voter rolls against SAVE data without a statutory requirement.

As of February 2026, 23 states have statutes requiring or authorising election officials to obtain citizenship data from a state or federal agency as part of the voter list maintenance process. In addition, the U.S. Citizenship and Immigration Services reported 23 states had registered with the agency as using SAVE data for voter registration purposes, voter list maintenance, or both, regardless of whether their state statutes mandated the use of the data.[31] Other states may have statutes requiring officials to check for and remove ineligible voters, including noncitizens, but do not have statutes mandating that specific datasets related to citizenship be checked.

Alabama

The secretary of state is required to compare the state voter registration list to a set of data sources, including SAVE data and a list of individuals who have applied for a foreign national driver's license or ID cards. Individuals identified as part of these checks must be flagged for county election officials.[32]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Alabama Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Arizona

County election officials are required to compare voter registration lists with SAVE and they also must be notified if a person registered to vote is deemed ineligible for jury duty because they are a noncitizen. The secretary of state is also required to compare voter registration lists with state driver's license data and notify county officials if a voter is a noncitizen. County officials must remove individuals suspected of being noncitizens from the voter rolls.[33]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Arizona Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Arkansas

State statute requires the federal jury coordinator to notify the state of noncitizens who are deemed ineligible for jury duty. County election officials must remove the individual from the voter rolls.[34]

Colorado

As of February 2026, U.S. Citizenship and Immigration Services reported that the Colorado Secretary of State was registered with the agency as using SAVE data for voter list maintenance.[31]

Florida

The Department of Highway Safety and Motor Vehicles is required to provide the secretary of state with a weekly list of individuals who submitted evidence that they are not citizens when registering for a driver's license and ID card.[35]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Florida Department of State and Division of Elections was registered with the agency as using SAVE data for voter list maintenance.[31]

Georgia

County clerks of court are required to provide monthly reports to the secretary of state regarding individuals who were deemed to be noncitizens when presenting for jury duty. County election officials are required to remove any individuals determined to be noncitizens from the voter rolls.[36]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Georgia Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Idaho

The Idaho Department of Health and Welfare, the Idaho Department of Transportation, and the Idaho Department of Corrections are required to provide citizenship data each month to the secretary of state. The secretary of state is also required to annually request citizenship data from the state tax commission and biannually request citizenship data from federal agencies, including from the SAVE database. Noncitizens must be removed from the voter rolls.[37]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Idaho Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Indiana

The Indiana Bureau of Motor Vehicles Commission is required to notify election officials if an individual who registered to vote has applied for a driver's license issued only to permanent lawful residents.[38] The state must also compare the voter registration list with driver's license data to determine if an individual registered to vote using a noncitizen driver's license. Individuals are removed from the voter rolls if they do not provide proof of citizenship within 30 days. [39]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Indiana Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Iowa

The Iowa Department of Transportation must provide a list of individuals who submitted documentation indicating they are noncitizens to state election officials, which must be compared against the voter registration list.[40] Individuals on the Department of Transportation list or who are identified by other state and federal data as a noncitizen must have their registration cancelled.[41]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Iowa Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Kansas

Every quarter, the Division of Motor Vehicles is required to send a list of permanent and temporary driver's licenses issued to noncitizens to the secretary of state. The secretary of state must compare those names against the voter rolls and direct county election officials to cancel the registration of any noncitizens.[42]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Kansas Secretary of State used SAVE data for voter registration and voter list maintenance.[31]

Kentucky

The state is notified of any individuals excused from federal jury service for being a noncitizen, and the State Board of Elections must remove those individuals from the voter rolls.[43]

Louisiana

The Louisiana Office of Motor Vehicles must provide monthly lists to the secretary of state of the names of noncitizens who attempted to apply for a driver's license or ID card. State agencies must also provide a monthly report of any individuals deemed to be noncitizens who had their public benefits terminated.[44][45] If the state registrar believes " that the name of a person has been illegally or fraudulently placed upon the registration records or that a registrant no longer is qualified to be registered for a reason other than a change of residence or address," they may cancel the persons registration if they do not show cause within 21 days.[46]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Louisiana Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Michigan

As of February 2026, U.S. Citizenship and Immigration Services reported that the Michigan Department of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Minnesota

The commissioner of public safety must prepare a report of any individuals identified as having temporary lawful status in the United States. Within seven days of receiving a report, the secretary of state must prepare lists for county auditors of any of those individuals who are registered to vote. The county auditor then has seven days to challenge the person's registration.[47]

Missouri

As of February 2026, U.S. Citizenship and Immigration Services reported that the Missouri Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Mississippi

As of February 2026, U.S. Citizenship and Immigration Services reported that the Mississippi Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Montana

As of February 2026, U.S. Citizenship and Immigration Services reported that the Montana Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Nebraska

The secretary of state is required to "use the information in possession of or available to his or her office to match and verify the citizenship of" registered voters. The process must ensure that no voter "is removed from the voter registration register in violation of state or federal law."[48]

North Carolina

The clerk of superior court is required to provide the State Board of Elections with a list of individuals who were excused from state jury service for being noncitizens. The state must use this information in voter list maintenance work.[49]

As of February 2026, U.S. Citizenship and Immigration Services reported that the North Carolina State Board of Elections was registered with the agency as using SAVE data for voter list maintenance.[31]

North Dakota

The North Dakota Department of Transportation must regularly report changes to its data, including citizenship status, to the secretary of state.[50]

As of February 2026, U.S. Citizenship and Immigration Services reported that the North Dakota Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Ohio

The secretary of state is required to conduct monthly reviews of the voter list by comparing it to data from the Bureau of Motor Vehicles and SAVE. The secretary of state is required to inform county boards of elections of any noncitizens found during the reviews, and county election officials are required to cancel their registration.[51]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Ohio Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Oklahoma

The secretary of the state election board is allowed to compare the voter registration lists "with the database of any federal, state, or local agency, board, or commission that maintains information regarding the citizenship of persons residing in this state." If a voter is identified as potentially being a noncitizen, election officials must mail the voter a notice informing them that they have 30 days to provide proof of citizenship. If a person does not provide proof of citizenship or is determined not be a voter, their registration is cancelled.[52] Each county clerk of courts must also provide a monthly list to county election officials of individuals excused from jury duty for being a noncitizen and their registration must be cancelled.[53]

South Carolina

As of February 2026, U.S. Citizenship and Immigration Services reported that the South Carolina State Election Commission was registered with the agency as using SAVE data for voter list maintenance.[31]

South Dakota

County clerks of court must inform county clerks of any individual excused from state jury duty because they are a noncitizen. The clerk is required to remove that individual from the voter rolls.[54]

Tennessee

The coordinator of elections is required to compare the voter registration list "with those of relevant federal and state agencies," including SAVE, and notify county election commissions of possible noncitizens who are registered to vote. County election officials then must mail the voter a notice informing them that they have 30 days to provide proof of citizenship. If a person does not provide proof of citizenship or is determined not be a voter, their registration is cancelled.[55]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Tennessee Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Texas

The secretary of state is required to check the state's voter registration list against a Texas Department of Public Safety database. They must also be notified of any individual excused from jury service because they are a noncitizen. Voters suspected of being noncitizens are mailed a notice informing them that they have 30 days to provide proof of citizenship. If a person does not provide proof of citizenship or is determined not be a voter, their registration is cancelled.[56]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Texas Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

Utah

The lieutenant governor is required to enter into an agreement with the federal government to use SAVE data for voter list maintenance purposes. The state must also be notified if individuals are excused from federal jury service because they are noncitizens.[57]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Office of the Utah Lieutenant Governor, Elections Division, was registered with the agency as using SAVE data for voter registration.[31]

Virginia

Local election officials are required to cancel the registration of any individuals determined to be noncitizens using Department of Motor Vehicles or SAVE data within 30 days of being notified by the state Department of Elections.[58]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Virginia State Board of Elections was registered with the agency as using SAVE data for voter list maintenance.[31]

Wyoming

The secretary of state is required to cross-check voter registration data with the state Department of Transportation, including "if any alien identification number or other evidence of non-United States citizenship is kept within corresponding driver’s license records." The secretary of state may also use SAVE data for voter list maintenance.[59]

As of February 2026, U.S. Citizenship and Immigration Services reported that the Wyoming Secretary of State was registered with the agency as using SAVE data for voter registration and voter list maintenance.[31]

History of documentary proof of citizenship in the United States

In 1993, Congress enacted the National Voter Registration Act, which mandated voter registration forms specify that only United States citizens could vote and required registrants to sign and attest that they are a citizen under penalty of perjury.[60] Three years later, Congress also enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which prohibited non-citizens from voting in federal elections for president, U.S. Senate, and U.S. House. States have since enacted their own prohibitions on non-citizen voting in state and local elections.

See below for a timeline of key events related to proof of citizenship laws in reverse chronological order.

  • 2025

    Wyoming became the first state to enact a proof of citizenship requirement for individuals updating their voter registration, as well as those registering to vote for the first time.

  • 2025

    On March 25, President Donald Trump issued an executive order requiring the U.S. Department of Homeland Security to "take all lawful and appropriate action to make available information from relevant databases to State and local election officials engaged in verifying the citizenship of individuals registering to vote or who are already registered." The order also requires the federal government to undertake a review of state voter rolls to locate non-citizens who are potentially registered to vote. Finally, the order required individuals registering to vote using the national mail voter registration form present documentary proof of citizenship.

  • 2024

    New Hampshire and Louisiana enacted laws requiring documentary proof of citizenship for individuals registering to vote for the first time.

  • 2022

    Arizona enacted a statute requiring individuals to provide proof of citizenship when registering to vote using the federal voter registration form if election officials cannot otherwise verify the person's citizenship status. Previously, Arizona required proof of citizenship to vote in state elections but allowed individuals to register to vote using the federal form and vote in elections for president without providing proof of citizenship.

  • 2018

    On June 18, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule.

View all

Arguments for and against proof of citizenship laws

Supporting arguments

Supporters of proof of citizenship laws argue that the policy is necessary to ensure that only U.S. citizens can vote in American elections, that noncitizen voting is prevalent and should be addressed, and that the laws are popular with voters.

Proof of citizenship laws ensure only U.S. citizens can vote

In a 2025 petition arguing in favor of the Election Assistance Commission adopting a proposal to require documentary proof of citizenship for individuals registering to vote with a federal form, the America First Legal Foundation argued the policy was needed to ensure only U.S. citizens could vote in American elections and increase voter confidence in elections.[61] According to its website, the America First Legal Foundation is "a nonprofit law firm founded to unapologetically and boldly defend the rights of everyday Americans."[62]

“ The implementation of DPOC on federal voter registration forms is a necessary measure to uphold the integrity and reliability of the electoral process. The right to vote and to have one’s vote counted is a fundamental right of American citizens and a principle that our democracy depends on.59 Only American citizens’ votes should determine the outcome of an election. The federal voter registration form’s failure to require DPOC is a critical oversight that must be addressed to ensure the integrity and reliability of the voter registration process.[2] ”

Noncitizen voting is a significant issue that should be addressed

In a 2025 letter to the Election Assistance Commission urging the EAC to adopt the citizenship requirement for the federal registration form, 14 state attorneys general argued that noncitizen voting is a significant issue that is not adequately addressed by current laws.[63]

“ While the form warns of potential consequences from providing false information, this ends up being little more than an empty threat because enforcement is nearly non-existent. None of this is theoretical: States have already experienced the real-world consequences that inevitably result from the current flawed system. For example, in 2019 Texas identified nearly 100,000 possible non-U.S. citizens on its voter rolls, many of which would have been prevented from illegally voting if the voter registration form required DPOC. Similarly, Texas was unable to verify the citizenship status of over

450,000 people registered to vote in 2024, forcing the State to flood USCIS with citizenship verification requests. Other States have had similar issues. For instance, Arkansas announced just this month that three noncitizens have been arrested for illegally voting in its elections.

Relying exclusively on self-attestation leaves the door wide open to non-U.S. citizens voting in our elections. And requiring DPOC provides a simple yet far superior alternative.[2]

”

Opinion polling shows proof of citizenship laws are popular with voters

In a 2025 op-ed supporting federal legislation requiring proof of citizenship to vote, U.S. Rep. Randy Feenstra argued that opinion polling has shown that proof of citizenship requirements are popular with voters.[64]

“ I agree that we must ensure that only American citizens vote in American elections. Secure elections are a vital component of our representative form of government.


A recent Gallup poll found that most Americans agree with the Iowans I meet across all 36 counties in the 4th Congressional District. In fact, an overwhelming 83% of Americans support proof of citizenship to register to vote in our elections. This figure doesn’t surprise me nor the vast majority of Iowans who believe in common sense, but Democrats would have the American people believe that anyone — regardless of legal status — should be allowed to vote. No questions asked.[2]

”

Opposing arguments

Opponents of proof of citizenship laws argue that they prevent lawful U.S. citizens from being able to vote, that noncitizen voting is not prevalent, and that proof of citizenship laws are costly to implement for election officials.

Proof of citizenship laws prevent U.S. citizens from being able to vote

In a 2025 letter to the EAC regarding its proposed proof of citizenship rule, the League of Women Voters argued that the policy would prevent U.S. citizens from being able to vote, as they could lack the documents needed to prove their citizenship status.[65] The League of Women Voters' website says the group is "a nonpartisan, grassroots nonprofit dedicated to empowering everyone to fully participate in our democracy."[66]

“ Documentary proof of citizenship policies violate the US Constitution by imposing an undue burden on the constitutional right to vote, as many eligible voters do not have access to the necessary documents to prove their citizenship. In fact, about 146 million American citizens do not have a passport, one of the acceptable forms of proof of citizenship. This is especially true in rural areas. In West Virginia, Mississippi, and Alabama, over 70% of citizens do not have a passport.


Millions of Americans will need to spend time and money to acquire documents they do not currently possess to prove their citizenship. Passports are not free and often require months to apply for and receive them by mail. Replacing a birth certificate or driver’s license also comes with financial costs. Voters will need to plan many months ahead of registration deadlines to receive the documentation necessary to register to vote, in addition to committing the time required to travel to the offices responsible for issuing official documents.[2]

”

Noncitizen voting is not a widespread problem in the U.S.

In a 2026 letter to U.S. Senate leadership, 12 state attorneys general said that lawmakers should reject a bill requiring proof of citizenship, arguing there is no evidence of widespread noncitizen voting in American elections.[67]

“ These sweeping restrictions are unnecessary. Citizenship is already a requirement to vote in federal elections. State and federal election officials routinely verify eligibility using data from motor vehicle agencies, the Social Security Administration, the Department of Homeland Security, and other sources. Instances of noncitizen voting are exceedingly rare and have never been shown to affect election outcomes. In states that have conducted comprehensive reviews of voter rolls, confirmed cases of noncitizen registration are measured in single digits, not in numbers that justify dismantling modern registration systems nationwide.[2] ”

Proof of citizenship laws are expensive and difficult for election officials to implement

In a 2025 report, three groups — Demos, the Campaign Legal Center, and State Voices — argued that proof of citizenship laws require new procedures for voter registration that can be costly and difficult for election officials to implement.[68] Demos describes itself as a "a non-profit public policy organization working to build a just, inclusive, multiracial democracy and economy." Campaign Legal Center describes itself as "a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy." State Voices describes its mission as "fighting for a world where every vote is counted, every voice is heard, and every need is met."[69]

“ For each jurisdiction that passes such a bill, election officials need to develop and implement procedures for evaluating every applicant’s citizenship documents and recording the results. This involves changing voter registration forms, contacting voters about registration deficiencies, overhauling online databases, implementing data privacy protections for digital copies of documents, retraining all election officials to recognize and handle DPOC, accounting for staff time to review copies of DPOC, and, if a state’s law mandates it, devoting additional staff time to ongoing voter roll purges.[2] ”

State legislation

The table below lists bills related to proof of citizenship introduced during (or carried over to) each state's regular legislative session this year. The following information is included for each bill:

  • State
  • Bill number
  • Official bill name or caption
  • Most recent action date
  • Legislative status
  • Sponsor party
  • Topics dealt with by the bill

Bills are organized by state and then by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

Noteworthy events

Ninth Circuit panel upholds limit on Arizona requirement of documentary proof of citizenship to register to vote (2025)

On February 25, 2025, a panel of the U.S. 9th Circuit Court of Appeals issued an opinion in a consolidated case that challenged parts of the state's requirement for documentary proof of citizenship at the time of voter registration. The panel upheld a lower court's ruling in favor of the plaintiffs and barred the requirement for documentary proof of citizenship to register for federal elections, whether using the federal voter registration form as provided for in the National Voter Registration Act (NVRA) or a state-provided voter registration form. The court also ruled that if a voter registration applicant using the federal form provided proof of citizenship at the time of the registration, then that voter must also be registered for state elections.[70][71]

As of March 5, one provision of the order—holding that applicants who swear under penalty of perjury that they are a citizen on the state registration form have the right to be registered for federal elections—was subject to a temporary stay issued by the U.S. Supreme Court on August 22, 2024. That stay would be in place either until the Supreme Court denied an appeal or issued a final order.[70][72][73]

In effect, the ruling means that the state's voter registration form must function as a federal registration form and that the federal form must be reciprocal for state registration if the voter provides documentary proof of citizenship.

SCOTUS issues emergency stay allowing partial enforcement of proof of citizenship requirements (2024)

On August 22, 2024, the U.S. Supreme Court issued an emergency order partially granting the Republican National Committee (RNC) and Arizona Republicans' request to enforce portions of a 2022 law related to proof of citizenship requirements for voter registration.[74][75]

In a 5-4 ruling, the court reinstated a provision of the law requiring election officials to reject state voter registration forms submitted without proof of citizenship (rather than allowing such applicants to vote in federal elections only). In February 2024, a federal district court issued an order preventing the state from enforcing much of the law after President Joe Biden's (D) administration and advocacy groups filed a challenge.[76] The decision was appealed to the U.S. 9th Circuit Court of Appeals, and a request for a stay reached the Supreme Court. The Supreme Court granted a partial stay, leaving in place the district court's order as it affected other parts of the law pending appeal, including blocking a requirement for election officials to verify the citizenship of voters who submitted a federally provided application without proof of citizenship, and blocking a prohibition on federal-form applicants whose citizenship could not be verified from voting for president or voting by mail.[74][75] The U.S. 9th Circuit Court of Appeals ultimately blocked enforcement of these provisions in the February 2025 consolidated opinion referenced above.

Chief Justice of the U.S. Supreme Court John Roberts joined Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh in partially granting the request. Justices Thomas, Alito, and Gorsuch said that they would have granted the full request to reinstate the 2022 law. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson said that they would have denied the request in full.[74][77][78]

Gov. Ducey (R) signs HB 2492 and initial legal challenges (2022)

On March 30, 2022, Governor Doug Ducey (R) signed HB 2492 into law, which required election officials to reject any application submitted using the state-provided voter registration form that did not include proof of citizenship, including as voters for federal elections. The law also required applicants submitting the federally provided form to include proof of citizenship and required election officials to "use all available resources to verify the citizenship status of the applicant" if they failed to do so. If election officials could not confirm the applicant's citizenship, they would notify the voter that they were not eligible to vote for president or to vote by mail. These voters would still be allowed to vote in person for members of Congress.[79] The bill cleared the Arizona House of Representatives by a vote of 31-25, with all Republicans voting in favor and all Democrats against, and the Arizona State Senate approved the bill 16-12, also along party lines.[80]

Arizona law has required voter registration applicants to provide proof of citizenship to vote since 2005. However, federal courts ruled in 2013 that this requirement conflicted with the NVRA, which requires a declaration of U.S. citizenship under penalty of perjury but does not require documentary proof. In response, Arizona created a two-track system that allowed applications to register to vote using a state-provided form, or the federally provided form. Qualified applicants who submitted an application using the federally provided application but who did not submit proof of citizenship were registered to vote in federal elections only, also known as federal-only voters, while applicants who applied using the state-provided form without proof of citizenship were rejected. However, under a 2018 ruling, qualified applicants who submitted a state-provided registration form without proof of citizenship were registered as federal-only voters and permitted to vote in federal, but not state, elections.

On July 5, 2022, the Justice Department of the Biden administration sued to block implementation of HB 2492.[81] On September 14, 2023, U.S. District Judge Susan Bolton of the U.S. District Court for the District of Arizona issued an order in which she wrote that "Section 6 of the NVRA preempts H.B. 2492's restriction on registration for presidential elections and voting by mail" and that "Arizona must ... register otherwise eligible State Form users without [documentary proof of citizenship] for federal elections."[82] Bolton issued a final judgment in the case on May 2, 2024.[83] Intervenor defendants including the RNC and the Republican Party of Arizona appealed that decision to the United States Court of Appeals for the Ninth Circuit where, according to reporting from CBS, "a three-judge panel [then] initially agreed to temporarily halt a portion of the district court's order. But a separate group of judges assigned to decide the merits of the case put the lower court's entire injunction back into effect."[84] After the 9th U.S. Circuit Court of Appeals upheld the lower court's ruling, the RNC and Arizona Republicans appealed the case to the Supreme Court.[85][78][86]

Federal judge strikes down Kansas proof of citizenship requirement (2018)

On June 18, 2018, federal Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down a provision of 2011 House Bill 2067, also called the SAFE Act, establishing that Kansans must present proof of citizenship in order to register to vote (documentary proof of citizenship, or DPOC, law). Robinson ordered Secretary of State Kris Kobach (R) to ensure that "all elections-related public education materials ... make clear that voter registration applicants need not provide DPOC in order to become registered to vote, and need not provide any additional information in order to complete their voter registration applications." Kobach's office initially advised county clerks to continue enforcing the DPOC law pending further written guidance, but advised county clerks on June 20, 2018, to comply with Robinson's order.[87][88]

Robinson's ruling came as the result of two separate lawsuits, which were consolidated for trial: Fish v. Kobach and Bednasek v. Kobach. Robinson wrote the following in her ruling:

“ [The] magnitude of the burden on unregistered eligible Kansas voters cannot be justified by the State interests relied on by the Defendant [i.e., Kris Kobach (R), in his capacity as secretary of state]. The evidence at trial demonstrated that those interests, while legitimate, are not furthered by the DPOC law. Instead, the DPOC law disproportionately impacts duly qualified registration applications, while only nominally preventing noncitizen voter registration. It also may have the inadvertent effect of eroding, instead of maintaining, confidence in the electoral system given the confusing, evolving, and inconsistent enforcement of the DPOC laws since 2013.[2] ”

Robinson also ordered Kobach to take six additional hours of continuing legal education courses pertaining to federal or state civil rules of procedure or evidence.[89]

Danedri Herbert, a spokeswoman for Kobach, criticized the decision: "Robinson is the first judge in the country to come to the extreme conclusion that requiring a voter to prove his citizenship is unconstitutional. Her conclusion is incorrect, and it is inconsistent with precedents of the U.S. Supreme Court."[90]

In 2020, the U.S. Supreme Court declined to hear an appeal by Kansas in the case, allowing Robinson's ruling to stand.[91]

See also

Footnotes

  1. ↑ U.S. Code, "18 USC 611: Voting by aliens," accessed January 27, 2026
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed January 27, 2026
  4. ↑ Cornell Law School, "8 U.S. Code § 1182 - Inadmissible aliens," accessed January 27, 2026
  5. ↑ Cornell Law School, "8 U.S. Code § 1227 - Deportable aliens," accessed January 27, 2026
  6. ↑ The Alabama Legislature, "Ala. Code § 31-13-28," accessed January 27, 2026
  7. ↑ Phone conversation between Amée LaTour and Jeff Elrod, supervisor of voter registration with the Alabama Secretary of State office.
  8. ↑ Alabama Secretary of State, "Voter Registration General Information," accessed January 27, 2026
  9. ↑ Alabama Secretary of State, "State of Alabama Voter Registration Form," accessed November 24, 2025
  10. ↑ 10.0 10.1 Arizona Secretary of State, "Voters," accessed January 27, 2026
  11. ↑ National Conference of State Legislatures, "States Consider Options to Ensure That Noncitizens Aren’t Voting," January 30, 2025
  12. ↑ Georgia Secretary of State, "FAQs," accessed February 5, 2026
  13. ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  14. ↑ The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
  15. ↑ AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," March 18, 2019
  16. ↑ United States Court of Appeals for the Tenth Circuit, "Fish v. Schwab: Opinion and Order," April 29, 2020
  17. ↑ Topeka Capital-Journal, "U.S. Supreme Court won’t take up proof-of-citizenship case, dealing blow to Kobach’s legacy," December 14, 2020
  18. ↑ Louisiana Secretary of State, "Louisiana Voter Registration Application," accessed January 27, 2026
  19. ↑ United States District Court For The Middle District of Louisiana, "DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT," December 23, 2025
  20. ↑ 20.0 20.1 LexisNexis, "Miss. Code Ann. § 23-15-15," accessed February 25, 2026
  21. ↑ General Court of New Hampshire, "CHAPTER 378 HB 1569-FN - FINAL VERSION," accessed January 27, 2026
  22. ↑ BillTrack50, "Ohio HB54," accessed January 27, 2026
  23. ↑ Columbus Dispatch, "Advocates sue Ohio over law requiring proof of citizenship to register to vote at BMV," August 26, 2025
  24. ↑ Wyoming Secretary of State, "Welcome to the FAQs," accessed January 27, 2026
  25. ↑ Wyoming Legislature, "Legislation 2025, HB0156 - Proof of voter residency-registration qualifications." accessed January 27, 2026
  26. ↑ States with voter identification laws may require voters to present ID when voting. Some of those forms of ID may require proof of citizenship to obtain, such as a REAL ID or U.S. passport.
  27. ↑ Nebraska Legislature, "Neb. Rev. Stat. § 32-928," accessed February 24, 2026
  28. ↑ North Dakota Legislature, " N.D. Cent. Code § 16.1-01-04.1," accessed February 24, 2026
  29. ↑ Ohio General Assembly, "Substitute Senate Bill Number 293," accessed February 24, 2026
  30. ↑ U.S. Citizenship and Immigration Services, "SAVE," accessed February 24, 2026
  31. ↑ 31.00 31.01 31.02 31.03 31.04 31.05 31.06 31.07 31.08 31.09 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 U.S. Citizenship and Immigration Services, "SAVE Agency Search Tool," accessed February 25, 2026
  32. ↑ The Alabama Legislature, "Ala. Code § 17-4-39," accessed February 25, 2026
  33. ↑ Arizona Legislature, "Ariz. Rev. Stat. Ann. § 16-165," accessed February 25, 2026
  34. ↑ LexisNexis, "A.C.A. § 7-1-117," accessed February 25, 2026
  35. ↑ Florida Senate, "Fla. Stat. § 98.075," accessed February 25, 2026
  36. ↑ LexisNexis, "O.C.G.A. § 21-2-231," accessed February 25, 2026
  37. ↑ Idaho Legislature, "Idaho Code § 34-433," accessed February 25, 2026
  38. ↑ Indiana General Assembly, "Ind. Code §§ 3-7-14-9," accessed February 25, 2026
  39. ↑ Indiana General Assembly, "Ind. Code §§ 3-7-38.2-7.3," accessed February 25, 2026
  40. ↑ Iowa Legislature, "Iowa Code § 47.7," accessed February 25, 2026
  41. ↑ Iowa Legislature, "Iowa Code § 48A.30," accessed February 25, 2026
  42. ↑ Kansas Office of Revisor of Statutes, "Kan. Stat. Ann. § 25-2324," accessed February 25, 2026
  43. ↑ Kentucky Legislature, "Ky. Rev. Stat. § 116.113," accessed February 25, 2026
  44. ↑ Louisiana Legislature, "La. Rev. Stat. Ann. § 46:233.4," accessed February 25, 2026
  45. ↑ Louisiana Legislature, "La. Rev. Stat. Ann. § 32: 414.6," accessed February 25, 2026
  46. ↑ Louisiana Legislature, "La. Rev. Stat. Ann. § 18:183," accessed February 25, 2026
  47. ↑ Minnesota Revisor of Statutes, "Minn. Stat. § 201.145," accessed February 25, 2026
  48. ↑ Nebraska Legislature, "Neb. Rev. Stat. §32-202.01," accessed February 25, 2026
  49. ↑ North Carolina Legislature, "N.C. Gen. Stat. § 9-62," accessed February 25, 2026
  50. ↑ North Dakota Legislature, "N.D. Cent. Code § 16.1-02-09," accessed February 25, 2026
  51. ↑ Ohio General Assembly, "Substitute Senate Bill Number 293," accessed February 25, 2026
  52. ↑ OSCN, "Okla. Stat. tit. 26, § 4-122," accessed February 25, 2026
  53. ↑ OSCN, "Okla. Stat. tit. 26, § 4-120.5," accessed February 25, 2026
  54. ↑ South Dakota Legislature, "S.D. Codified Laws § 12-4-57," accessed February 25, 2026
  55. ↑ LexisNexis, "Tenn. Code Ann. § 2-2-141," accessed February 25, 2026
  56. ↑ Texas Constitution and Statutes, "Tex. Elec. Code Ann. § 16.0332," accessed February 25, 2026
  57. ↑ Utah State Legislature, "Utah Code Ann. § 20A-2-502," accessed February 25, 2026
  58. ↑ Virginia LIS, "Va. Code § 24.2-404," accessed February 25, 2026
  59. ↑ LexisNexis, "Wyo. Stat. § 22-3-102," accessed February 25, 2026
  60. ↑ U.S. Department of Justice, "National Voter Registration Act of 1993," accessed February 26, 2025
  61. ↑ America First Legal, "SPREAD THE NEWS: America First Legal Announces Opportunity for Americans to Strengthen Election Integrity by Supporting Proof of Citizenship to Vote," August 22, 2025
  62. ↑ America First Legal, "Mission," accessed February 26, 2026
  63. ↑ Office of the Georgia Attorney General, "Carr Backs Rule Requiring Proof of Citizenship to Vote in Federal Elections," October 23, 2025
  64. ↑ Congressman Randy Feenstra, "Overwhelming majority of Americans support proof of citizenship to vote," January 17, 2025
  65. ↑ League of Women Voters, "LWV Comments on EAC DPOC Petition," October 20, 2025
  66. ↑ League of Women Voters, "About Us," accessed February 26, 2026
  67. ↑ Office of the New York Attorney General, "Letter to John Thune and Chuck Schumer," February 18, 2026
  68. ↑ Demos, "The Costs of Implementing Documentary Proof of Citizenship Bills," December 11, 2025
  69. ↑ Demos, "The Costs of Implementing Documentary Proof of Citizenship Bills report," December 11, 2025
  70. ↑ 70.0 70.1 Election Law Blog, "9th Circuit affirms limits on AZ proof of citizenship laws," February 25, 2025
  71. ↑ United States Court of Appeals For the Ninth Circuit, "Mi Familia Vota v. Fontes, D.C. No. 2:22-cv-00509-SRB," February 25, 2025
  72. ↑ Democracy Docket, "Arizona Citizenship Requirement Challenge (Mi Familia Vota)," accessed March 5, 2025
  73. ↑ Supreme Court of the United States, "Miscellaneous Order (08/22/2024)," August 22, 2024
  74. ↑ 74.0 74.1 74.2 United States Supreme Court, "No. 24A164," accessed August 23, 2024
  75. ↑ 75.0 75.1 SCOTUSblog, "Justices allow Arizona to enforce proof-of-citizenship law for 2024 voter registration," August 22, 2024
  76. ↑ The Wall Street Journal, "Biden Administration Sues Arizona Over Proof-of-Citizenship Voter Law," July 5, 2022
  77. ↑ Supreme Court of the United States, "Miscellaneous Order (08/22/2024)," August 22, 2024
  78. ↑ 78.0 78.1 Reuters, "US Supreme Court partly revives Arizona's proof of citizenship voter law," August 23, 2024
  79. ↑ Arizona Legislature, "HOUSE BILL 2492," accessed August 26, 2024
  80. ↑ Arizona Legislature, "HB2492," accessed April 6, 2022
  81. ↑ Office of Public Affairs, U.S. Department of Justice, "Justice Department Files Lawsuit Against the State of Arizona Over Restrictive Voter Registration Requirements," July 5, 2022
  82. ↑ FindLaw, "Mi Familia Vota v. Fontes (2023)," September 14, 2023
  83. ↑ PacerMonitor, "No. CV-22-00509-PHX-SRB Final Judgment," May 2, 2024
  84. ↑ CBS News, "Supreme Court partially revives Arizona voter proof-of-citizenship requirement," August 22, 2024
  85. ↑ United States Supreme Court, "REPUBLICAN NATIONAL COMMITTEE, ET AL. APPLICANTS, v. MI FAMILIA VOTA, ET AL., APPENDIX TO EMERGENCY APPLICATION FOR STAY," August 1, 2024
  86. ↑ CNN, "Supreme Court blocks some of Arizona proof-of-citizenship requirements for November election," August 22, 2024
  87. ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  88. ↑ The Topeka Capital-Journal, "Kobach's office tells counties to stop asking for proof of citizenship," June 20, 2018
  89. ↑ United States District Court for the District of Kansas, "Fish v. Kobach and Bednasek v. Kobach: Findings of Fact and Conclusions of Law," June 18, 2018
  90. ↑ The Topeka Capital-Journal, "Judge sides with ACLU in voter registration fight, orders Kobach to go to school," June 18, 2018
  91. ↑ Topeka Capital-Journal, "U.S. Supreme Court won’t take up proof-of-citizenship case, dealing blow to Kobach’s legacy," December 14, 2020
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