In the wake of the Supreme Court’s recent decision, Republican governors and lawmakers have a unique opportunity to strengthen election integrity by passing proof-of-citizenship requirements for voter registration. The court’s ruling, which upheld Arizona’s law requiring proof of citizenship for state voter registration forms, sets a precedent for other states to follow.
The Help America Vote Act of 2002 created the U.S. Election Assistance Commission, which designed a federal voter registration form that does not requiring proof of citizenship. However, the Supreme Court has now made it clear that states can require proof of citizenship for voter registration, even if the federal form does not.
Arizona has been a pioneer in this area, requiring proof of citizenship since 2004. The state’s election integrity law, passed in 2022, extended this requirement to presidential elections and mail-in voting. While the law is currently on appeal, the Supreme Court’s recent decision has paved the way for other states to adopt similar measures.
The court’s ruling was not unanimous, with Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch voting to uphold the entire Arizona law. However, the majority opinion, written by Chief Justice John Roberts and joined by Justice Brett Kavanaugh, upheld the proof requirement for state voter registration forms, while allowing a lower court to block the provisions requiring proof for presidential voting and mail-in voting.
The decision has significant implications for public policy, particularly in light of recent cases of noncitizens being removed from voter rolls in Virginia and Texas. With the majority of Americans agreeing that noncitizens should not participate in U.S. elections, Republican governors and lawmakers should seize this opportunity to pass proof-of-citizenship requirements.
In states where the law allows for special sessions to be called on short notice, governors should convene their legislatures immediately to pass these laws. This will not only strengthen election integrity but also boost voter confidence in the system. For states with shorter registration deadlines, these laws could have a significant impact as early as 2024.
