State Attorneys General Weigh in on Requiring Proof of Citizenship to Vote

Two-thirds of state attorneys general have jumped into the fray over a potential federal rule to require proof of citizenship for voting forms. 

The U.S. Election Assistance Commission, a four-member federal panel, will review a petition started by watchdog group America First Legal to add the requirement on the federal voter registration form.

Now, 19 Democrat attorneys general—led by Rob Bonta of California—oppose such a rule, and 14 Republican attorneys general—led by Ken Paxton of Texas—support it. 

America First Legal said about 353,000 public comments were officially registered with the government on the issue, with the overwhelming majority in favor of the requirement. The comment period closed on Monday. 

“It’s imperative that only eligible U.S. citizens are registering and voting in our elections,” Paxton said in a public statement Monday. 

“Free and fair elections are the cornerstone of our republic, and every illegal vote dilutes the voice of law-abiding American citizens,” he continued. “We must require proof of citizenship to protect the voice of the true American people, which is why I’m leading this national coalition in supporting AFL’s rulemaking petition.” 

My book, “The Myth of Voter Suppression,” documents how noncitizens and even illegal immigrants have voted in past elections, in some cases leading to criminal charges. 

Joining Paxton are Republican Attorneys General Steve Marshall of Alabama, Brenna Bird of Iowa, Tim Griffin of Arkansas, Kris Kobach of Kansas, Chris Carr of Georgia, Liz Murrill of Louisiana, Raúl Labrador of Idaho, Mike Hilgers of Nebraska, Todd Rokita of Indiana, Dave Yost of Ohio, Alan Wilson of South Carolina, John McCuskey of West Virginia, and Marty Jackley of South Dakota.

Their joint comment in support of the citizenship requirement focuses on President Donald Trump’s Executive Order 14248, titled “Preserving and Protecting the Integrity of American Elections.”

“First, the current federal voter registration system fails to achieve the government’s statutory obligations and leaves our voter rolls vulnerable,” the comment says. 

“Second, the current framework impedes state election officials from properly ensuring that only eligible U.S. citizens are permitted to register and vote in federal elections,” it continues. “And third, President Trump’s EO 14248 is consistent with federal law. Accordingly, the proposed rule seeks to enhance the integrity of the voter registration process and ensure that only eligible U.S. citizens are permitted to register and vote in our federal elections.”

Most states have their own voter registration forms. The federal form is most commonly used at Department of Motor Vehicle locations for people to register to vote when getting a driver’s license.

The House twice passed a proposal to require proof of citizenship to register to vote, but the Senate did not take up the measure. 

By contrast, the Democrats claim the requirement would violate the National Voter Registration Act that limits the content of the federal form to address only what is “necessary” for state election officials to determine the eligibility of prospective voters. Further, Democrats claim in their comment letter that proof of citizenship adds “substantial burdens on state and local election infrastructure” and would create “disenfranchisement of significant numbers of eligible voters.”

“I’ve said repeatedly that voting is the fundamental right from which all other rights flow. I believe that at my core, and it’s why I’m proud to oppose yet another effort that would add—rather than remove—barriers to voter registration,” Bonta said in a public statement Friday.

Joining Bonta are Democrat Attorneys General Phillip Weiser of Colorado, William Tong of Connecticut, Kathleen Jennings of Delaware, Anne Lopez of Hawaii, Kwame Raoul of Illinois, Aaron Frey of Maine, Anthony Brown of Maryland, Andrea Joy Campbell of Massachusetts, Dana Nessel of Michigan, Keith Ellison of Minnesota, Matthew Platkin of New Jersey, Raul Torrez of New Mexico, Letitia James of New York, Dan Rayfield of Oregon, Peter Neronha of Rhode Island, Charity Clark of Vermont, Nicholas Brown of Washington state, and Joshua Kaul of Wisconsin. 

“Despite claims to the contrary, our elections are secure: Voting by noncitizens is exceedingly rare, and the penalties for noncitizen registration remain serious under both federal and state law,” Bonta said. “My fellow attorneys general and I remain fully committed to protecting voters’ fundamental right to cast a ballot and defending against the relentless attacks on the Right.” 

Last month, Immigration and Customs Enforcement apprehended Ian Andre Roberts, a Guyanese national allegedly living illegally in the United States, working as a school superintendent in Iowa. He was also reportedly a registered Democrat voter in Maryland. Maryland officials say there is no record that he has voted.

In June, the FBI announced that a Chinese national charged with illegally voting in Michigan in the 2024 election had fled the country. 

In March, an Iowa audit found 277 noncitizens were registered to vote in the state and 35 voted in the 2024 election. 

Since 2022, Virginia has removed 6,300 noncitizens from its rolls, Alabama removed 3,251 noncitizens, and Ohio removed 597.

Since 2021, Texas has removed about 6,500 noncitizens from voter rolls, 1,900 of whom had voting histories. In 2019, Pennsylvania found that more than 11,000 noncitizens were registered to vote.

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