EAC Comment in Opposition to DPOC Requirement
In July, anti-voter group America First Legal Foundation (AFL) submitted a petition for rulemaking to the Election Assistance Commission (EAC), requesting the EAC amend the federal voter registration form to require Americans to show a passport or other citizenship documents when registering to vote. These show-your-papers requirements create unnecessary barriers that are particularly hard on students, among other communities. Fair Elections Center is submitting this comment to oppose adding barriers to voter registration. As expressed in our comment, Elections Assistance Commission (EAC) should not—and cannot—make the changes to the national mail voter registration form to add a show your papers proof requirement to register to vote as requested in the Petition for Rulemaking submitted by America First Legal. Such changes would violate federal laws.
Specifically, adopting a DPOC requirement would plainly contradict prior EAC decisions, as well as responses to prior requests from states to add a DPOC requirement to their state instructions on the Federal Form. EAC declined to establish documentary proof requirements for naturalization and citizenship respectively because it was not necessary to validate the eligibility of an applicant and would not serve any additional election security purpose than a citizenship attestation requirement alone. Critically, the EAC should decline to add this requirement now because it will disenfranchise many of the millions of otherwise eligible voters in the United States who lack access to DPOC.
Documentary Proof of Citizenship Petitions in Michigan Fact Sheet
What is a Documentary Proof of Citizenship (DPOC) Requirement to Register to Vote?
-Documentary proof of citizenship policies require that before otherwise-eligible citizens can register to vote, they must provide paperwork showing that they are U.S. citizens in addition to their voter registration forms. For most people, that would mean providing a passport or a birth certificate to register.
-Voters in Michigan and almost every state currently register by simply swearing or affirming in writing that they are citizens under penalty of perjury.
Ohio SAVE Act
OH SB 153/HB 233 would require documentary proof of citizenship, along with other sweeping changes to election code like banning the use of drop boxes and requiring multiple forms of identification to match your voter registration. The bill would also drastically change the process for citizen-led ballot initiatives.
National Mail Voter Registration Form Comment
In April of 2025, Fair Elections Center submitted a comment to the Election Assistance Commission, urging the commission to avoid making changes outlined in the President’s Executive order, “Preserving and Protecting the Integrity of American Elections,” to the national mail voter registration form. Making these changes would, FEC noted, would violate the NVRA and the Administrative Procedure Act.
Florida Omnibus Anti-Voter Bill
HB 1381 is an omnibus (multi-issue) anti-voter bill which among other things adds documentary proof of citizenship to register to vote, shortens the list of accepted voter IDs for voting including taking student ID off the list, adds harmful data sharing and list maintenance provisions, and adds a requirement of marking citizenship status on driver licenses & identification cards.