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LWVUS Action Alert for Members: Election Assistance Commission Comments Meeting - 3 PM MT
About this event
LWVUS Action Alert! League members, join the LWVUS online for information on commenting to the Election Assistance Commission about requiring documentary proof of citizenship to vote.
League members only and registration is required.
If you're a League member and need help registering for this meeting, email: lwvadc.defending.democracy@gmail.com with SAVE on the subject line and your name, email address, and League for assistance.
Registration is required. You can register for one or all sessions.
TO SUBMIT A COMMENT TO THE ELECTION ASSISTANCE COMMISSION:
To submit comments to the Election Assistance Commission (EAC) regarding a proposed rule that would require citizenship documentation for federal voter registration, use the public comment docket on
https://regulations.gov
The specific docket for this proposal is EAC-2025-0236, and the deadline for comments is October 20, 2025.
Background on the proposed rule:
The proposed rule stems from a petition asking the EAC to require documentary proof of U.S. citizenship for federal voter registration, which is currently not mandated under the National Voter Registration Act (NVRA) where applicants attest to citizenship under penalty of perjury.
Why the League of Women Voters opposes the proposed rule:
- Non-citizen voting is rare:
- Minimal impact: Evidence shows that illegal voting by non-citizens is not a significant problem in U.S. elections. The Brennan Center for Justice surveyed election officials across 42 jurisdictions after the 2016 election and found only 30 cases of suspected non-citizens voting out of 23.5 million total votes cast, a rate of 0.0001%.
- Severe consequences already exist: Federal law prohibits non-citizens from voting in federal elections and imposes harsh penalties for doing so, including fines, imprisonment, and deportation. This provides a strong deterrent against illegal voting.
- Existing checks already verify citizenship:
- Affirmation under oath: When registering to vote, all citizens must sign an oath affirming their eligibility under penalty of perjury. This legally binding declaration is the primary method of confirming citizenship.
- Database cross-checks: State election officials routinely cross-reference voter registration applications with other government databases, including motor vehicle records, Social Security Administration data, and U.S. Citizenship and Immigration Services' SAVE program. This allows for verification without requiring voters to provide documents.
- List maintenance: State and federal laws require election officials to regularly clean and update voter rolls by removing people who have died, moved, or become otherwise ineligible. Officials cross-check records with agencies like the U.S. Postal Service and state death records to ensure accuracy.
- New laws risk disenfranchising eligible citizens:
- High costs and burdens: Millions of eligible Americans do not have easy access to documents like birth certificates or passports. For many, obtaining these documents can be a costly, time-consuming, and bureaucratic process involving fees and travel, disproportionately affecting low-income individuals, people of color, the elderly, and those in rural areas.
- Disproportionate impact: Requiring documentary proof of citizenship would place new barriers on millions of eligible citizens, including women who have changed their names and citizens who were born at home and never received an official birth certificate.
- Demonstrated harm: When Kansas enacted a documentary proof of citizenship requirement, it blocked over 30,000 eligible citizens from registering to vote between 2013 and 2016. A federal court later struck down the law as unconstitutional.
- Burden on election administration:
- Logistical complexity: Implementing a documentary proof of citizenship requirement would create a costly and complex logistical challenge for election administrators.
- Inefficient use of resources: Given the rarity of illegal non-citizen voting, this approach would impose unnecessary and burdensome regulations on all voters to address a problem that existing safeguards already effectively control.
How to submit your comment:
Comments must be in writing and are publicly posted, so do not include private personal information.
Method 1: Submit online via Regulations.gov (recommended)
Submit comments on the Federal eRulemaking Portal at www.regulations.gov/commenton/EAC-2025-0236-0001. You can type comments directly or upload a file. Providing an email allows for confirmation and a tracking number.
Method 2: Submit by mail
Send written comments, referencing Docket Number EAC-2025-0236, to:
U.S. Election Assistance Commission
633 3rd Street NW, Suite 200
Washington, DC 20001
Attn: Office of the General Counsel
Ensure mailed comments arrive before the October 20, 2025 deadline.
What to include in your comment:
Your comment can address any aspect of the proposed rule, such as your position on the requirement, the reasons for your stance, potential impacts on voters or election administration, and thoughts on specific proposed documents like U.S. passports or Real ID-compliant driver's licenses.
Location
Online meeting
USA
Event Contact(s)
Barbara Dungey
Support:Email lwvadc.defending.democracy@gmail.com
Registration Info
Registration is required
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