States Move Forward With Citizenship Voting Requirements Despite Federal Gridlock

Several Republican-led states are advancing legislation requiring documentary proof of citizenship for voter registration while federal efforts remain stalled in the Senate. South Dakota and Utah have already passed such measures, creating two-tier voting systems similar to Arizona's model.

JEFFERSON CITY, Mo. (AP) — Despite congressional gridlock over President Donald Trump’s push for stringent citizenship verification in voting, Republican-controlled states are advancing their own legislation demanding documentary evidence of citizenship for voter registration and maintenance on electoral rolls.

This week saw final passage of citizenship documentation laws in South Dakota and Utah, while Florida’s House has approved similar measures and Missouri held committee discussions. Meanwhile, Michigan advocates for voter citizenship verification delivered 750,000 petition signatures this week, seeking to place a constitutional amendment before voters in November.

Current federal statutes already ban non-citizens from participating in U.S. elections, with violations carrying penalties including fines, jail time, and deportation.

Voter registration currently requires individuals to swear under oath, with perjury penalties, that they hold U.S. citizenship. However, Trump argues this system falls short and wants voters to present citizenship documentation.

The proposed federal Safeguard American Voter Eligibility Act, known as the SAVE America Act, would mandate documentary citizenship proof for voter registration. Acceptable documents would include U.S. passports, naturalization certificates, or birth certificates paired with government-issued photo identification.

The federal proposal also includes photo ID requirements for ballot casting, which numerous states already enforce. While the Republican-controlled House passed the measure last month along largely partisan lines, Senate Democrats have threatened a filibuster, creating an impasse.

The new South Dakota and Utah laws establish dual-track voting systems. Citizens providing documentation can participate in all elections, while those without such proof may only vote in federal contests for president, Senate, and House seats.

This split system mirrors Arizona’s approach, where tens of thousands of undocumented voters can only participate in federal elections. Arizona adopted this framework following a 2013 Supreme Court decision preventing states from mandating citizenship documentation for federal voting.

Both South Dakota and Utah’s measures become effective upon gubernatorial approval, potentially affecting newly registered voters before November’s elections.

Utah’s legislation additionally directs election administrators to utilize U.S. Immigration and Customs Enforcement’s online verification system for checking existing voters’ citizenship status. Flagged individuals would receive notices requesting citizenship proof to maintain full voting eligibility.

The Michigan initiative and Florida House legislation take different approaches, avoiding upfront citizenship documentation requirements during registration. Instead, these measures establish background verification processes that could trigger citizenship documentation requests.

Michigan’s proposal would have the secretary of state examine driver’s license records, jury duty files, and federal Homeland Security and Social Security databases to verify registered voters’ citizenship. Flagged individuals unable to provide citizenship proof would face removal from voter rolls.

Florida’s bill would mandate election officials verify all registered voters’ citizenship through the state’s driver’s license database. Anyone whose citizenship remains unverified would need to submit documentary evidence.

Trump and Republican allies have spent years highlighting concerns about non-citizen voting in American elections. While documented instances remain uncommon, some cases have emerged.

In 2024, a Chinese student faced perjury and attempted illegal voting charges after registering with a University of Michigan student ID and falsely claiming U.S. citizenship. He subsequently contacted local clerks requesting ballot retrieval before leaving the country.

This incident partially motivated the Michigan ballot initiative, according to Paul Jacob, chairman of Americans for Citizen Voting, the supporting organization.

“We want a system we can have confidence in,” Jacob said. “The way you avoid big problems in elections is to fix the small problems when they rise up and present themselves.”

Constitutional amendments restricting voting to “only citizens” have garnered strong support in state ballot measures. However, voting rights advocates warn that documentary proof requirements create complications.

During recent Florida House discussions, Democratic state Rep. Ashley Gantt shared her aunt’s story of being born at home in South Carolina when some hospitals excluded Black patients. Without a birth certificate, demonstrating citizenship has proven challenging, Gantt explained.

Citizenship proof laws “would stop many thousands — if not more — U.S. citizens from voting in Florida,” said Michelle Kanter Cohen, policy director and senior counsel at the nonprofit Fair Elections Center. “It requires documentation that a lot of eligible citizens don’t have, or don’t have access to.”

A 2024 University of Maryland Center for Democracy and Civic Engagement study found approximately 21 million people — representing 9% of voting-age citizens — lack citizenship documentation or cannot readily obtain it.

States implementing citizenship proof requirements frequently face legal challenges.

Kansas adopted such requirements 15 years ago, ultimately blocking over 31,000 U.S. citizens from voter registration. Federal courts ruled the Kansas law unconstitutionally burdened voting rights, and enforcement ceased in 2018.

New Hampshire and Louisiana both enacted citizenship proof laws two years ago, sparking lawsuits. New Hampshire’s law underwent trial last month and awaits judicial decision. Louisiana’s election commissioner admitted in December court documents that the requirement hasn’t been enforced.

A nonprofit organization also challenged Wyoming’s citizenship proof law from last year. However, a federal court dismissed the case, ruling the group lacked legal standing to sue.