In the last few months, dozens of states have rushed to pass restrictive voting laws. These laws require that prospective voters show that they are citizens when registering to vote. This trend is indeed a positive spillover from the SAVE Act, which has been introduced in Republican statehouses around the nation to great acclaim. New Hampshire has just recently disenfranchised over 95 citizens in the local town elections. This was due to the state’s increased documentation requirements.
New Hampshire law requires that any resident provide one of a list of very specific documents to demonstrate their citizenship status. You could instead offer multiple other acceptable forms of documentation. These are your driver’s license proof of citizenship, U.S. passport, birth certificate, military draft records, tribal identification card or certificate of citizenship. The unnecessary requirement has created substantial burden and confusion among residents just trying to engage in a democratic process.
On March 21, Wyoming joined UC as the first state to enact a SAVE Act-style law. This new law is also proven effective legislatively by requiring prospective residents, like citizens, to show proof of citizenship, the same steps taken by New Hampshire. In contrast, Louisiana just adopted a law requiring proof of citizenship for registration, starting January 1. These updates are part of a worrisome new trend among states to increase voter registration requirements.
Just a few weeks ago, the House of Representatives passed the SAVE Act, early in April. This legislation seeks to create nationwide proof of citizenship standards to thwart people from voting. It hits some serious hurdles in the Senate, where the fate of the bill lies in limbo. Now GOP lawmakers in 24 states are trying to advance new countermeasures. They are requiring people to document their citizenship by showing certain types of documentation such as birth certificates or passports.
In Texas, more than 12 million current residents do not possess a passport, the primary legal documentation of citizenship. This legislation as proposed would have a huge effect on making this group whole. Not only would it impact new voters, but it would retroactively apply to existing registered voters. These kinds of punitive measures have been roundly condemned by numerous advocacy groups. They claim that these steps would disenfranchise millions of Americans.
Arizona continues to blaze a trail by requiring state and local election voters to obtain proof of citizenship. Now, other states are taking their cue from Washington. The Voting Rights Lab noted that legislators in over a dozen states, including traditionally Democratic strongholds, have introduced bills mirroring the SAVE Act’s stipulations. If this trend continues, it will reflect a huge turning of the tide in the political battle over voting rights and proof of citizenship requirements.
Idaho becomes the third state, after New Hampshire and Wyoming, to pass a law requiring proof of citizenship in order to vote. Further, many other states are eyeing similar legislation. A lot of the critics of these arcane laws would argue that they present such burdensome hurdles to casting your vote, particularly for underrepresented communities.
The New Hampshire Secretary of State’s office acknowledged the difficulties some residents faced during the March 11 local election due to the new law. Thousands of them suddenly found themselves disenfranchised, unable to register or vote because they were no longer equipped to show adequate proof. These implications further add to the debate about whether these types of laws are affecting voter turnout and participation in the electoral process.
In late September, a federal judge blocked a Trump policy that aimed to institute new national voter id standards. This decision only further obfuscates the present and complicated strangulation. This decision is a continuation of President Donald Trump’s executive order. That order would have forced the Transportation Security Administration to impose much stricter identification rules across the country.
Liz Avore commented on Texas’s rapid adoption of proof of citizenship legislation:
“Texas, in addition to being the second most populous state in the country, it is also one of the states that’s really fast-tracked documented proof of citizenship legislation following Trump’s executive order.”
As states are still enacting laws that kick eligible voters, requiring proof of citizenship to register will keep having a real impact on voters. While proponents argue these measures are necessary to ensure election integrity, critics contend they pose substantial barriers that could disenfranchise eligible voters.
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