Noncitizen Voting Issues in the Spotlight
By Justin Riemer, President, USGI
After weeks of Supreme Court headlines over high-profile election and redistricting cases, this week a federal rulemaking request of all things stole the election news spotlight. Monday marked the deadline for public comments on a rulemaking request by America First Legal (AFL) to the Election Assistance Commission (EAC) to add documentary proof of citizenship (DPOC) requirements to the National Voter Registration Form (Federal Form).
The response was extraordinary: the EAC received 383,153 comments, showing that both sides in the debate were energized to rally support and opposition. Those weighing in included 14 states, 9 U.S. Senators, 12 House members, several Secretaries of State, progressive groups like the ACLU and Brennan Center, and conservative ones like Grant’s sister organization RITE, Center for Election Confidence, Honest Elections Project, and the RNC.
The Help America Vote Act (HAVA) confines the EAC’s rulemaking authority primarily to developing the Federal Form, so petitions like these are rare. HAVA envisions a four-member Commission with two Republicans and two Democrats and the EAC has previously deadlocked on state requests to add proof of citizenship requirements to the National Form’s state-specific instructions. A similar stalemate seems all but certain here.
Even so, the intense interest in the petition, even one that is unlikely to result in the Federal Form requiring DPOC, at least without subsequent litigation, underscores the emergence of noncitizen registration and voting as the preeminent flash point in the “voting wars.”
DPOC is a nonstarter for most progressives and a must-have for most conservatives. Although RITE’s comment supporting the petition makes my views clear, one does have to wonder if there are solutions that could get bipartisan buy in. I know. Many progressives think no solution is needed because there’s no problem. But at a very minimum, can’t we agree that noncitizens registering is a bad thing? And that it does happen and not infrequently, even if the total numbers are a small percentage of overall registrations.
When researching for RITE’s petition comment, I was struck by how many instances of noncitizen registrations appeared to occur accidentally, usually through a rushed Motor Voter transaction, and the consequences are severe. Noncitizen registration through government incompetence is tragic, unacceptable, and deserves a policy response.
One possible solution: amend the National Voter Registration Act (NVRA) to prohibit DMVs and similar registration agencies from offering voter registration to those who provide documentation evidencing noncitizen status. Although some states may automatically skip the “Voter” part of a “Motor Voter” transaction for known or self-identified noncitizens, many do not and some states even interpret the NVRA to require registration agencies to offer applications to all customers.
Many state DMVs seem to be in denial they are in the voter registration business, but Congress enacted the NVRA over 30 years ago and they account for a plurality of all voter registrations. They are in it whether they like it or not. It’s time to consider whether they should take more responsibility.
Ten states have revised their voter-ID rules so far this year, marking a significant tightening in how voters must verify identity both at polling places and when casting absentee ballots. In total, 36 states now require some form of ID at the polls while 14 do not, signaling that voter-ID law continues to be one of the most actively amended components of election administration nationwide.
Arizona
- There continues to be fallout regarding the state’s failure to verify citizenship for roughly 200,000 voters.
California
- The Governor has signed three new pieces of legislation. One signed in October mandates that county election offices count ballots within 13 days after election day, aiming to speed up results reporting while preserving the existing 30-day certification deadline. The state still allows for mail ballots postmarked by election day to be counted if they arrive up to a week later, and those late-arriving ballots, along with provisional ballots and ballots missing signatures, are excluded from the 13-day clock. Another measure allows ballot processing to begin immediately after mailing rather than 29 days before election day. The third measure moves up deadlines for notifying voters of signature defects and for curing those defects.
- Deputies discovered 99 stolen, unvoted ballots at a homeless encampment in the south-Sacramento area, tied to the upcoming special election on Proposition 50. The ballots were returned to the Sacramento County Department of Voter Registration and Elections and have since been voided. The affected voters will have their ballots remailed.
- Legislators in California have started an initiative to get voter identification requirements on the ballots next November.
Florida
- SB 132 (Restoration of Voting Rights) requires the Commission on Offender Review to create and maintain a database with information about voting‐rights restoration status, and tasks the state with providing technical support. The commission would also be required to establish and present a comprehensive plan by July 1, 2027.
Georgia
- The State Election Board has adopted a recommendation to ask the legislature to end no-excuse absentee voting. In a separate 2-0 vote, the board agreed to begin the rulemaking process on a bipartisan proposal that would spell out when voters may use hand-marked paper ballots instead of ballot-marking devices.
Louisiana
- The Governor called for a three-week extraordinary legislative session beginning October 23 and ending no later than November 13 to focus solely on revising the election code, adjusting election dates and deadlines, funding, and planning for the upcoming 2026 election cycle.
Maine
- The Secretary of State’s office outlined the proposed referenda placed on the ballot this November 4th. Question 1 would introduce a photo ID requirement, alter absentee ballot rules, and impose new restrictions on drop box usage. The Secretary’s summary of Question 1 was previously challenged in court for being misleading.
Michigan
- The Michigan Association of County Clerks has formally opposed a proposed ballot measure that would introduce ranked-choice voting statewide starting in 2029, raising concerns about increased ballot length, voter confusion, and slower results reporting. Rank Choice MI is pushing back against those concerns.
- Election officials released a post-election audit report regarding recounts, precinct-level process audits, and a statistically valid ballot audit all pertaining to the 2024 general election results.
Nebraska
- A nonprofit group launched a campaign to collect signatures for several ballot initiatives ahead of the 2026 election. One initiative proposes shifting the state to a strict winner-take-all system for awarding presidential electoral votes. Another calls for all elections to use paper ballots counted by hand with implementation by July 2027, though machines with voter-verifiable paper records would be exempt.
New Jersey
- The draft audit procedure for the November 4, 2025 general election is now open for public comment under N.J.S.A. 19:61-9. Written comments must be submitted to NJ.Elections@sos.nj.gov by 5:00 p.m. today (October 24). The proposed procedure is available here.
New York
- A recent report highlights ballot defects in New York City’s upcoming election: Zohran Mamdani appears twice, once on the Democratic Party line and again on a minor-party line, and several citywide candidates are assigned different row labels depending on the borough.
North Carolina
- The General Assembly approved a new congressional map, with the changes concentrating on a previously competitive district held by a Democrat.
Ohio
- Lawmakers introduced legislation that would require all absentee ballots to be received by the time polls close on Election Day, rather than just postmarked by election day.
South Carolina
- The State Election Commission fired its executive director after a 3-2 vote and is now scrutinizing a contract originally estimated at $28 million for voting machine upgrades that ended up costing $32 million. Investigations are underway after the agency says the former director misrepresented the contract, collaborated on falsified documents, and oversaw a “toxic” work environment.
Texas
- A new law now requires curbside voters to sign a sworn statement affirming they cannot enter the polling place without assistance or risk to their health, and that they are requesting a reasonable accommodation. If they lie on this affidavit, they could face charges of perjury. Under that same law, drivers transporting voters to curbside may also have to separately sign a form.
- Secretary of State Jane Nelson identified 2,700 possible non-citizens registered to vote. These individuals were flagged after their information was cross-checked with information in the Department of Homeland Security’s SAVE system.
- Proposition 16 will appear on the November 4, 2025 ballot and proposes to amend the state constitution to explicitly state that only U.S. citizens may vote in the state’s elections.
Wyoming
- Following the mishandling of the 2024 election by a Weston County Clerk, four bills are advancing through the legislature designed to catch and correct election-administration failures before they undermine public trust. Bills look at increasing penalties and fines, outlining audit notification procedures, and allowing the Secretary of State to serve as a complainant.
Arizona
Republican Party of Arizona v. State of Arizona, No. CV2025-022859 (Ariz. Super. Ct. Maricopa Cnty.)
On October 22, a state court denied Arizona’s motion to dismiss a case challenging a statute extending voting rights to overseas U.S. citizens who have never resided in Arizona. Plaintiffs allege the statute violates residency requirements under the state constitution. This case is sponsored by RITE PAC.
District of Columbia
State of Arizona v. United States House of Representatives, No. 1:25-cv-03740 (D.D.C.)
On October 21, Arizona Attorney General Kris Mayes and Representative-elect Adelita Grijalva filed suit against the U.S. House of Representatives, alleging that the refusal to seat Grijalva following her certified special-election victory violates the U.S. Constitution. The complaint seeks a declaration that another official be permitted to administer the oath if the Speaker declines. The case arises amid a government shutdown that has delayed House proceedings. Plaintiffs argue the delay has left constituents in the Seventh Congressional District without representation.
Florida
Florida Rising Together v. Byrd, No. 6:24-cv-01682 (M.D. Fla.)
On October 16, plaintiffs filed an amended complaint renewing their challenge to Florida’s voter registration verification procedures, which require election officials to match applicants’ identifying information against government records. Restoring Integrity and Trust in Elections PAC (“RITE PAC”) has supported the intervention of the Republican Party of Florida, and the Republican National Committee also intervened in the suit. A federal court had dismissed the case on September 16.
Hawaii
RNC v. Hawaii, No. 1CCV-25-0001691 (Haw. Cir. Ct.)
On October 14, the RNC filed suit against Hawaii’s chief election officer, alleging that the Office of Elections failed to provide records relating to the state’s voter-roll maintenance despite obligations under the National Voter Registration Act of 1993 (NVRA) and Hawaii’s public records laws.
Indiana
Count Us In v. Morales, No. 1:25-cv-00864 (S.D. Ind.)
On October 14, a federal court denied a motion to dismiss a challenge to a law which excludes campus-issued student ID as an acceptable form of voter ID.
League of Women Voters of Indiana v. Morales, No. 1:25-cv-02150 (S.D. Ind.)
On October 21, several organizations sued Secretary of State Diego Morales and the co-directors of the Indiana Election Commission. The complaint challenges recently enacted laws requiring election officials to compare voter-registration data with Bureau of Motor Vehicles records to identify registrants who once held temporary identification and to demand documentary proof of citizenship within 30 days or face removal. Plaintiffs allege the process relies on outdated data and seek to enjoin enforcement of the new requirements ahead of the 2026 election.
Louisiana
Louisiana v. Callais, No. 3:24-cv-00122 (W.D. La.)
At oral argument on October 15, the Supreme Court’s conservative majority signaled openness to narrowing the permissible use of race in districting maps, potentially ending the judicially sanctioned practice of race-based districting altogether.
The case involves a dispute over the 2024 congressional map for Louisiana, in which the state legislature drew a second majority-black district in response to previous findings that the 2022 map likely violated Voting Rights Act of 1965 (VRA) Section 2. A three-judge federal panel ruled the 2024 map was an unconstitutional racial gerrymander under the Equal Protection Clause, prompting the state’s appeal to the Supreme Court.
Mississippi
Watson v. RNC, No. 1:24-cv-00025 (S.D. Miss.)
The U.S. Supreme Court has not yet decided whether to rehear Watson v. RNC following a conference held on October 17. Previously in this case, the Fifth Circuit had struck down a law allowing absentee ballots to be counted as long as they arrived within three days of election day.
New Jersey
Sammons v. Hogan, No. GLO-L-1286-25 (N.J. Super. Ct. App. Div.)
On October 10, 2025, a state appellate court ordered Gloucester County to reprint its general-election ballots after finding that the County Clerk’s redesigned “office-block” format unlawfully deviated from New Jersey’s statutorily-mandated “column” layout. The clerk had switched from the required party-column format to one grouping all candidates by office regardless of party. Plaintiffs, including the RNC, argued the change impaired the “Vote Column A” strategy and reduced Republican visibility. The appellate panel held that the clerk lacked discretion to depart from the column format under state law. The decision mandates the production of corrected ballots for in-person voting, while mail-in ballots will continue under the old design.
New York
County of Onondaga v. State of New York, No. 003095/2024 (N.Y. Sup. Ct. Onandaga Cnty.)
On October 16, the state’s highest court unanimously uphelda 2023 statute mandating that most town and county elections (outside of offices explicitly protected by the constitution) shift from odd- to even-numbered years, thus aligning with state and federal election cycles.
NY Citizens Audit Civic Fund v. James, No. 1:25-cv-1447 (N.D.N.Y.)
Filed October 16, 2025, by NY Citizens Audit Civic Fund and several individual plaintiffs against New York Attorney General Letitia James and officials of the New York State Board of Elections (NYSBOE). The complaint alleges that state officials retaliated against the plaintiffs’ election-audit activities in violation of their First Amendment rights.
North Carolina
Democracy North Carolina v. Hirsch, No. 1:23-cv-00878 (M.D.N.C.)
A federal district court is hearing arguments in a case challenging the same day voter- registration address verification provision of SB 747. Plaintiffs allege that the restrictions unconstitutionally target college students.
Pennsylvania
Eakin v. Adams County, No. 1:22-cv-340 (W.D. Pa.)
On October 14, the Third Circuit denied the RNC’s petition for en banc rehearing after previously affirming the lower court’s ruling striking down Pennsylvania’s mail ballot envelope dating requirement. A separate dissent from Judge Bove will follow.
McLinko v. Commonwealth, No. 1205 C.D. 2024 (Pa. Commw. Ct.)
On October 20, a state court affirmed a Final Determination by the state’s Office of General Counsel dismissing McLinko’s complaint, concluding that the Department of State’s 2018 “Directive Concerning HAVA-Matching Drivers’ Licenses or Social Security Numbers for Voter Registration Applications” does not violate Title III of HAVA. The Directive instructs county boards to collect either a driver’s license number (DLN), the last four digits of a Social Security number (SSN), or a declaration of neither, but does not require a database match before accepting a registration application. The court held that HAVA does not mandate a match as a prerequisite for registration.
A separate case sponsored by RITE, Rossman v. Schmidt, challenges the same directive on state law grounds.
- A recent report from the Center for Election Innovation & Research concludes that election administration in the U.S. is primarily financed by state and local governments, with federal dollars playing only a limited, episodic role. The analysis notes that funding responsibility is highly fragmented and varies widely by jurisdiction, leading to uneven capacity and planning environments across the country.
- A recent report from the Center for Tech and Civic Life titled Fostering Resilient Elections outlines how closer coordination between election offices and emergency-management agencies can strengthen election operations and protect continuity when disruptions occur.
- In a recent column, Ken Blackwell urges election officials to modernize voter-roll maintenance by incorporating commercially available identity and address-verification tools rather than relying solely on legacy government records. He argues such modernization would reduce bad data, cut wasted mailings, and improve the accuracy of registration lists.
- The Daily Caller featured an opinion piece by Marshal Trigg of RITE arguing that it’s time to end race-based districting altogether in light of the case Louisiana v. Callais and its implications for how states may constitutionally use race in drawing electoral maps.