Capito helps introduce GOP-led bill to require more proof of citizenship for federal elections

Legislation led by U.S. Sen. Shelley Moore Capito (R-WV) would ensure states could better verify that only American citizens are voting in federal elections.

The Citizen Ballot Protection Act, S. 3177, which Sen. Capito cosponsored alongside seven other Republicans, would codify the ability of states to require that an applicant provide proof of American citizenship when registering to vote via mail-in application.

“The right to vote, which is a cornerstone of our democracy, is a distinct honor and privilege granted to American citizens,” Sen. Capito said. “That is why I am proud to help introduce the Citizen Ballot Protection Act, legislation that further protects that right by strengthening states’ ability to ensure only American citizens are voting in federal elections.”

While states have the primary responsibility of overseeing federal elections, the National Voter Registration Act (NVRA) of 1993 provides certain registration requirements for federal elections.

If enacted, S. 3177 would relate specifically to Section 6 of the NVRA, which requires that each state accept and use the federal mail voter registration application form developed by the U.S. Election Assistance Commission.

Section 6 of the law also allows a state to develop and use its own mail voter registration form as long as it meets all of the same criteria the NVRA requires for the federal mail voter registration form.

If enacted, S. 3177 would amend the NVRA to explicitly allow states to put in place a proof of citizenship requirement for both the federal mail voter registration form and any state mail voter registration forms that they might develop, according to a bill summary provided by Sen. Capito’s staff.

State modifications to the federal form are reviewed by the U.S. Election Assistance Commission, which along with the courts have interpreted the prohibition on “any requirement for notarization or other formal authentication” as precluding efforts by some states to include a requirement of documentary proof of American citizenship with the federal form.

For instance, a 2013 U.S. Supreme Court ruling held that Arizona could not require documentary proof of citizenship on the federal registration form without approval from the U.S. Election Assistance Commission.

Among the cosponsors who joined Sen. Capito in introducing the bill were U.S. Sens. Roger Wicker (R-MS) and Deb Fischer (R-NE).