Last week, an Obama-appointed judge dismissed a challenge to Wyoming’s law to keep its voter rolls free of noncitizens. The ruling allows Wyoming to continue to require proof of citizenship when voters seek to register to vote. Noncitizens on the rolls is not just an issue in Wyoming. It is a nationwide problem that Arizona and others are also tackling in unique ways.
Despite denials from the Left, noncitizens are registering to vote. Officials in Ohio, Texas, Virginia, Alabama, and other states have all located noncitizens on their voter rolls and taken steps to remove them. Their efforts were promptly met with unfounded lawsuits from left-wing attorneys like Marc Elias and even Joe Biden’s Justice Department. Progressives seem intent on keeping it easy for noncitizens to register and vote.
The Left claims nobody should have to prove citizenship to vote because noncitizen voting is already illegal, citing state constitutional provisions and a federal ban. Nevertheless, noncitizens are voting. The Ohio Secretary of State has located 138 instances of noncitizen voting. And the Texas Attorney General also identified over 100 instances of noncitizens voting. This is just two states. Clearly, this is a problem.
The best way to stop noncitizen voting is to make sure noncitizens can’t get on the rolls in the first place by requiring proof of citizenship to vote. Trouble is, the federal government inserted itself into state voter registration and, predictably, made a mess of things. In 1993, Congress passed the National Voter Registration Act (NVRA) and created a federal form for voter registration that merely requires applicants to tick a box indicating citizenship. The left pounced and used the courts to transform the federal form into an easy way to get around proof of citizenship laws in the 44 states covered by the NVRA.
Case in point: Arizona voters approved a 2004 measure requiring election officials to reject voter registration applications not accompanied by evidence of citizenship. Consequently, Arizona registrars rejected the federal form as it did not mandate any citizenship documentation.
Predictably, the Left sued and took the case to the Supreme Court. The Court held that states covered by the NVRA must “accept and use” the federal form and register any voter who submits it – even without proof of citizenship.
But the federal government is not all-powerful. Congress may be able to impose rules for federal elections, but states retain the power to regulate state elections. So, Arizona lawmakers created a new system: Voters who do not prove citizenship will be registered but are only able to vote in federal races. Without proof of citizenship, the voter cannot vote in state elections.
This solution has proven to be effective, and it is time for more states to adopt it. Progressives will claim, as they always do, that proof of citizenship laws is “voter suppression.” But voters can easily prove citizenship. They do this every day when applying for a Real ID or passport. In fact, states already have citizenship data for most voters through agencies like the DMV, meaning most lawful voters will be entirely unaffected.
The key for states is to make sure that officials have access to that data and are required to use it plus all other available records to vet voter rolls. One crucial source is the federal Systemic Alien Verification for Entitlements (SAVE) database. The Trump administration recently improved the SAVE database, making it free and easy for states to access. States can now check multiple voter registrations at a time using Social Security numbers, speeding up reviews.
If officials flag a registration and cannot locate any proof of citizenship, the fix is easy: there is a long list of routine documents that registrants can provide. This can be done before, during, or even shortly after voting. States should give voters multiple notifications and multiple chances to prove citizenship.
It’s time for conservative states to make proof of citizenship a priority. Arizona has provided a model. This year alone, the Utah House and the Texas Senate each passed Arizona-style measures. The few states not bound by the NRVA should follow Wyoming’s lead and require proof of citizenship in all elections. But most states are caught up in Congress’ quagmire. Until federal lawmakers act, for instance by passing the SAVE Act to require proof of citizenship nationwide, the Arizona plan is a solid roadmap for state action.
Requiring proof of citizenship when registering to vote is a popular, commonsense measure. States need to act now to preserve elections for American citizens.
Chad Ennis is Vice President of Honest Elections Project.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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