Why Proof of Citizenship Won’t Improve Election Integrity
UVA Law Faculty Affiliations
For years, states have been sounding the alarm about voter fraud and pushing laws to prevent it. One such law would require voters to prove their citizenship, with a birth certificate, passport, or the like, before casting a ballot. This month a federal court slapped down proof-of-citizenship laws, but not for good. The opinion leaves wiggle room, and state lawmakers are not giving up. They are, however, wasting their effort. Anti-fraud measures can make elections safer in some circumstances, but usually they either have no effect (other than creating red tape) or make matters worse. My research proves it.
Let’s get up to speed. In 2004, Arizonans approved an initiative requiring voters to prove their citizenship before they could vote. In 2013, the Supreme Court held [PDF] that federal law—specifically, the National Voter Registration Act—preempted the initiative. That Act requires states to use a form, developed by the federal Election Assistance Commission, to register voters for federal elections. The form requires would-be voters to swear, under penalty of law, that they are US citizens. States can ask the EAC to add state-specific instructions to the federal form, including additional requirements on citizenship, but they cannot demand it.