By Cheri Crockett
Recently, we as League members have received calls to submit public comments to the U.S. Election Assistance Commission (EAC) opposing requiring documentary proof of citizenship for voting. Like many of us, you probably did not fully understand why this was necessary and would like to know more. Here is some background and explanation.
First off, some background on the EAC. Per the EAC’s website, “The EAC was established by the Help America Vote Act of 2002 (HAVA). The EAC is an independent, bipartisan commission charged with developing guidance to meet HAVA requirements” which include developing the federal voter registration form. The commissioners of the EAC are nominated by the president and confirmed by the senate. There are currently two Republican nominees and two Democratic nominees serving as commissioners. No new commissioners have been appointed to serve in this Congressional session.
On July 16th, the America First Legal organization filed a petition with the EAC asking them to start the rulemaking process to “amend 11 C.F.R. § 9428.4 and the federal voter registration form to require Documentary Proof of Citizenship (DPOC).” The EAC subsequently submitted the question of whether it should start this rulemaking process for public comment. This was the comment in opposition that you were requested to submit by midnight on October 20th.
This petition is one of many avenues that those who support requiring documentary proof of citizenship have attempted since President Trump took office on January 20th. The first was the president’s executive order #14248 issued on March 25th entitled “Preserving and Protecting the Integrity of American Elections” which, among other alleged voter fraud-opposing actions, would require potential voters to submit proof of citizenship to register to vote. LWVUS, LWV of Arizona and partners promptly responded to this executive order by filing a lawsuit on April 1st , League of Women Voters Education Fund v. Trump (now LULAC v. Executive Office of the President) arguing that “President Trump’s Executive Order 14248, which ordered the EAC to require documentary proof of citizenship on the federal voter registration form, threatened to withhold funds from states allowing post-election day receipt of mail ballots, and invited DOGE to assist in voter list maintenance, among other provisions, was an illegal order beyond the President’s powers under the United States Constitution and federal law.” This lawsuit is currently before the United States District Court for the District of Columbia which has issued a preliminary injunction. Briefing on motions for summary judgment is currently occurring.
The second attempt to require DPOC was the SAVE (Safeguard American Voter Eligibility) Act. According to LWVUS, “the SAVE Act would put up barriers to voting by requiring every single American citizen to provide very specific documents, chiefly by either presenting a passport or an original copy of their birth certificate, in person when registering to vote and anytime they update their voter registration.”
While not explicitly prohibiting third party groups from registering voters, according to nonprofitvote.org “its requirements would effectively make third-party voter registration drives unworkable. The key provisions that would affect outside groups include:
In-person proof of citizenship requirement: The bill requires citizens to provide documentary proof of citizenship in-person to an election official when registering to vote or updating their registration.
Elimination of mail and online registration: Because the proof must be submitted in person, mail-in and online voter registration would no longer be viable options for anyone who needs to provide documentation.”
This bill has passed the House of Representatives and has not yet been taken up by the Senate.
As the League of Women Voters, we will continue to oppose attempts by all parties to make registering to vote and voting harder for eligible voters and we will continue to provide opportunities for you to act to oppose these actions.
Sources:
About the EAC | U.S. Election Assistance Commission from Cornell Law School
America First Legal EAC DPOC Rule Petition from the America First Legal Foundation
Federal Register :: Preserving and Protecting the Integrity of American Elections March 28, 2025
LWV Legal Center : Voter Education Fund v. Trump Now LuLAC
LWVUS letter to the US Senate urging members to oppose the SAVE Act
The SAVE Act is the Wrong Solution for a Non-Problem from NonProfit VOTE
SAVE ACT & Voter Eligibility Talking Points | League of Women Voters
