Federal law requires applicants registering to vote to attest to U.S. citizenship under penalty of perjury but does not require documentary proof such as a passport or birth certificate. Several states have proposed or enacted laws requiring such documents at registration, sparking legal challenges and partial court invalidations.
Supporters argue that citizenship is a constitutional prerequisite for voting in federal elections and that requiring documentary proof is a modest, common-sense safeguard against noncitizen registration — particularly given lax cross-checking of registration databases against immigration records.
Critics argue that documented evidence of noncitizen voting in federal elections is exceedingly rare, that millions of eligible Americans lack ready access to a passport or birth certificate, and that document requirements disproportionately burden the elderly, naturalized citizens, and lower-income voters. They also argue the existing attestation under penalty of perjury, combined with criminal penalties, is sufficient deterrent.