Three Things to Know About Verifying Voter Citizenship
Requiring proof of citizenship to vote in American elections has emerged as a priority issue in the early days of the 119th Congress and in state capitals across the country. At the federal level, Republicans in both the House (H.R.22) and Senate (S.128) have introduced legislation that would require states to verify individuals’ proof of citizenship when they register to vote. Meanwhile, lawmakers in at least 30 states have introduced bills that would strengthen state-level restrictions on noncitizen voting.
The push to require a citizenship check is driven by concerns that noncitizens are able to vote in American elections due to federal laws that currently prohibit election officials from verifying citizenship status as part of the voter registration process. Applicants simply attest to being a citizen by checking a box on the registration form.
Opponents of citizenship verification argue it is unnecessary because there is no evidence of noncitizens voting in meaningful numbers in American elections. Additionally, the extra paperwork required to register could disenfranchise Americans who are eligible to vote but lack easy access to documents that prove citizenship.
The debate over proof of citizenship has persisted for decades, and the momentum appears to be on the side of the proponents, as 83 percent of Americans support the policy. However, getting the details right will be important to maintain that support and avoid a scenario where voting becomes noticeably harder for American citizens. As the debate unfolds and the political rhetoric heats up, here are three key points to keep in mind about verifying voter citizenship.
1. It is already illegal for noncitizens to vote in federal and state elections.
Under current federal and state laws, it is illegal for noncitizens to vote in federal and state elections, though a few states permit municipalities to allow noncitizens to vote in local elections. Enforcement of the restrictions primarily occurs at the point of registration or during voter-list maintenance. The federal voter registration form requires applicants to check a box attesting to their citizenship; meanwhile, as part of the standard list-maintenance process, states regularly cross-reference voter registration lists with other government databases that may contain citizenship information.
States must rely on citizenship attestation when registering voters for federal elections, but they can require proof of citizenship when registering voters for state and local elections. Arizona offers the best example of this in practice, as they currently check proof of citizenship and administer two registration lists. One is for “full ballot” voters with proof of citizenship who can vote in federal, state, and local elections; the other is for “federal only” voters who attested to citizenship but did not provide proof. These voters can only participate in elections for president and Congress.
To reiterate, only American citizens are allowed to vote in federal and state elections. For lawmakers, the central question is how best to enforce this existing restriction. Specifically, Congress is considering whether to shift all states to an Arizona-style citizenship verification system for federal elections or to continue relying on potential voters to tell the truth on their registration application.
2. The vast majority of Americans have documents that prove citizenship, but some might need additional support.
Documents that directly indicate whether an individual is a U.S. citizen include birth certificates, passports, and certificates of citizenship or naturalization. Presenting these when registering to vote clearly fulfills the citizenship verification requirement; however, voters do not always carry these documents in daily life. More convenient options, such as driver’s licenses and non-operator identification cards, can also be cross-checked for citizenship status across other government databases.
Opponents of citizenship verification often point out that enacting the policy could disenfranchise millions of Americans who do not have documents proving citizenship readily available. According to one recent estimate, 9 percent of the voting-age population (around 21 million Americans) could not easily produce documents that prove citizenship. While certainly an important issue that must be accounted for, it still suggests that proof of citizenship is a very low burden for 91 percent of the population. Furthermore, a closer look at the numbers shows that the size of the truly at-risk population is far less than 21 million.
The aforementioned estimate lumps together two distinctly different populations: Nearly 4 million individuals do not possess the necessary documents at all, and around 17 million have the documents but are unable to access them the next day. To assess the impact of a citizenship verification requirement, we must focus on the individuals who do not possess these documents at all, as others will have ample time and notice to retrieve them. This brings the 9 percent figure down to 2 percent. In other words, we can expect 98 percent of voting-age Americans to be able to prove citizenship when given more than a couple days’ notice.
These findings are consistent with the actual experience in Arizona, where 99 percent of registered voters provided proof of citizenship compared to just 1 percent who did not (thus registered as federal only voters). In combination, the research and real-world examples show that the vast majority of Americans would be able to comply with a citizenship requirement. Policymakers and election officials must design and implement a verification system that provides access to all eligible Americans—even the 2 percent who are currently unable to provide proof of citizenship.
3. A citizenship verification process should be simple for Americans to navigate.
Proof of citizenship requirements are overwhelmingly popular with the public and a simple way to increase confidence in American elections. If designed and implemented properly, the new requirement will be easy for the vast majority of Americans to comply with. However, an overly restrictive law that requires voters to navigate extensive amounts of red tape to prove eligibility could lead to frustration, disenfranchisement, and reduced confidence in election integrity. To avoid that outcome, lawmakers should craft policies with a “customer-service” mindset that maximizes the acceptable forms of citizenship documentation and submission methods while streamlining the process for American citizens to obtain copies of missing documents that prove their eligibility.
Accepting driver’s licenses and other forms of government-issued photo identification is an essential component of a simple citizenship-verification system, as most people carry these documents daily. While these forms of ID do not typically indicate citizenship status on the physical document, election officials can use the ID number to determine whether proof of citizenship was provided to the motor vehicle division when the individual originally applied for the license. Arizona currently uses this process, which requires coordination between government agencies and access to information contained in various government databases. Importantly, this process puts the burden on the government to share information rather than on Americans to submit the same information multiple times to different agencies.
Finally, policymakers and election officials must raise awareness of how to obtain replacement government documents and use a customer-service approach to help people who lack the necessary documents to prove their citizenship. For example, election officials could provide step-by-step guidelines for obtaining copies of birth certificates or marriage certificates to indicate a name change. Congress or state legislatures could also provide modest funding to cover the cost of producing a duplicate document for those who lack the resources. Prioritizing support for these services can help reduce the number of individuals without necessary documents.
Conclusion
Elected officials in Washington, D.C. and in state capitals across the country are increasingly pursuing stricter enforcement of existing prohibitions on noncitizen voting. The public supports this policy, and the overwhelming majority of Americans are positioned to easily comply. By instituting a thoughtfully designed proof of citizenship requirement, lawmakers have a real opportunity to increase trust in elections while ensuring broad access to the ballot for eligible voters.