With the Supreme Court now affirming that states can require proof of citizenship to register to vote, Republican governors and lawmakers should act swiftly to implement these election integrity measures before Election Day. Where state constitutions allow, they should call special legislative sessions to pass such laws.
The Help America Vote Act (HAVA) of 2002 established the U.S. Election Assistance Commission (EAC) and authorized it to create a federal voter registration form that can be used nationwide as an alternative to state-specific forms.
Arizona has mandated proof of citizenship for voter registration since 2004. In the 2013 case Arizona v. Inter Tribal Council, the Supreme Court ruled 7-2 that under HAVA, individuals can register using the federal form without providing proof of citizenship, as the EAC’s form does not require it. Consequently, the court held that only federal law applies when the federal form is used, meaning Arizona cannot demand proof of citizenship for those using this form.
In 2022, Arizona expanded its proof-of-citizenship requirement to include presidential elections and mail-in voting. This led to legal challenges, and while the appeal is ongoing, the Supreme Court recently delivered a split decision. The court upheld the requirement for state forms but allowed a lower court to block the provisions concerning presidential and mail-in voting.
This ruling indicates that a majority of the Supreme Court supports the idea that states can require proof of citizenship for voter registration. In a year where states like Virginia and Texas have removed thousands of noncitizens from voter rolls, the risk of illegal votes influencing close elections is evident.
Given this legal backing and strong public support—over 86 percent of Americans believe noncitizens should not vote—Republican governors should promptly call special sessions to pass laws similar to Arizona’s. These measures will enhance election security and boost public confidence.
With the election approaching, many states have short registration deadlines, and some even allow same-day registration and voting. Enacting these laws quickly could have a significant impact by 2024.
In states where special sessions cannot be called immediately, conservative lawmakers should campaign on this issue, promising to introduce relevant legislation in January. However, in states where it is possible, there is no time to waste.
Ken Blackwell is Chairman of the Center for Election Integrity at the America First Policy Institute and previously served as U.S. Ambassador and Ohio Secretary of State.
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