U.S. Senator Roger Wicker of Mississippi and Senator Katie Britt of Alabama have introduced the Citizen Ballot Protection Act, a bill aimed at allowing states to require proof of American citizenship for individuals registering to vote by mail in federal elections.
Senator Wicker stated, “The right to vote is a sacred American value. For too long, cities across the U.S. have allowed noncitizens to vote in elections. Ensuring that United States citizens are the only people voting is a commonsense provision that will promote election integrity.”
Senator Britt emphasized, “Voting in our country is a sacred right that must solely be limited to American citizens. To allow States to uphold this principle should be simple commonsense. It should not be controversial that States have the legal right to prevent noncitizens – including illegal aliens and official representatives of foreign adversaries – from voting in State and Federal elections. Cities that allow noncitizens to vote in local elections disenfranchise hardworking American citizens, insult those American citizens who came to our country legally and took the time and effort to go through the citizenship process, and undermine faith in our entire electoral system – which is a cornerstone of our nation that we cannot allow to crumble. I’m proud to work with Representative Palmer and my Senate colleagues to ensure that we pass this legislation and stand up for the right of Americans – and only Americans – to vote in American elections.”
Other senators joining Wicker and Britt as co-sponsors include Cindy Hyde-Smith (R-Miss.), Shelley Moore Capito (R-W.V.), Bill Hagerty (R-Tenn.), Mitch McConnell (R-Ky.), Ted Cruz (R-Texas), Deb Fischer (R-Nebr.), and John Boozman (R-Ark.).
The proposed legislation comes after several jurisdictions, including Washington, D.C., began permitting noncitizen residents who have lived there for more than 30 days to participate in local elections starting in 2024. Similar measures have been adopted by cities in Maryland, Vermont, and New York.
Currently, states oversee federal elections but must follow requirements set out by the National Voter Registration Act (NVRA) of 1993, also known as the “motor voter law.” The NVRA requires all states to accept a federal mail voter registration form created by the U.S. Election Assistance Commission but allows them to develop their own forms if they meet federal criteria.
The Citizen Ballot Protection Act would amend Section 6 of the NVRA so states could explicitly require documentary proof of citizenship for both federal and state mail voter registration forms.
State changes made to these forms are reviewed by the U.S. Election Assistance Commission; however, both the commission and courts have previously interpreted rules against notarization or formal authentication as preventing states from requiring proof of citizenship with federal registration forms.
