Arizona Representative Lesko praised the introduction of a bill she is co-sponsoring, the Citizen Ballot Protection Act, that would allow states to require proof of citizenship for voters by amending the National Voter Registration Act (NVRA).
https://twitter.com/USRepGaryPalmer/status/1766487295161716860
Although the U.S. Constitution gives states the responsibility of overseeing federal elections, the National Voter Registration Act of 1993 (also known as the “NVRA” or “motor voter law”) sets forth certain voter registration requirements for federal elections. Section 6 of the NVRA requires states to accept and use the U.S. Election Assistance Commission federal mail voter registration application form. It also permits states to create and use their own mail-based form as long as the form meets certain requirements.
Section 9(b) of NVRA lists the requirements for information collected by the federal election voter registration forms. The contents of mail voter registration forms may require information that:
- Identifies the applicant, including their signature
- Relates to a previous registration
- Helps state election officials assess the eligibility of the applicant
Shall include a statement that:
- Lists each eligibility requirements, including citizenship
- Confirms the applicant meets each requirement
- Requires the signature of the applicant, under penalty of perjury
May not include any requirement for notarization or other formal authentication.
State modifications to the federal mail voter registration form are reviewed by the U.S. Election Assistance Commission (EAC). The EAC and courts have begun interpreting the prohibition of notarized or other formal authentications as justification for denying states the ability to require documentary proof of citizenship with the federal mail voter registration form. Some examples include:
- The Supreme Court issued a ruling in 2013 that Arizona could not require documentary proof of citizenship on the federal registration form without EAC approval.
- In 2021 the United States District Court for the District of Columbia ruled that a previous 2016 EAC approval for Alabama, Georgia, and Kansas to include proof of citizenship violated the Administrative Procedures Act.
- The 10th Circuit issued a ruling in 2014 upholding EAC’s original rejection of Arizona and Kansas’ request that the federal form include documentary proof of citizenship.
Supporters of the bill say the fact that it establishes the option for states to add a proof of citizenship requirement to their mail voter registration form is the solution and it:
- Respects and upholds the role of states to administer federal elections.
- Gives states the option to add more security to their voter registration process.
- Helps states that have proof of citizenship requirements, such as Arizona, to streamline their registration process so both their version of the federal mail voter registration form and the state’s regular voter registration form can have the same review process.