Eligibility Verification and Documentary Proof of Citizenship for Registration Requirements Act

Summary

Citizenship eligibility for registration; duties of the chief election official to make a credible and reliable determination of applicant status based on citizenship status information received from government entities; interaction with local election officials of information on eligibility; necessary documents acceptable as evidence of U.S. citizenship; verification of citizenship status of all registered voters on the current voter registration list who have not yet been verified; requirement to county election offices to independently establish agreements and utilize the Systematic Alien Verification for Entitlements (SAVE) program with the office of United States Citizenship and Immigration Service (USCIS); requirement of notation of citizenship on driver license or state ID card and replacement with change in citizenship status; requirement of evidence of citizenship status from drivers license agency and other state agencies that provide public funded benefits to non-citizens to chief election official and state election office; procedures for proof of citizenship for citizenship and provisional voting and requirements for voting; authority to chief election official to meet the federal requirements of the National Voter Registration Act in relation to the federal voter registration form.   

Eligibility Verification and Documentary Proof of Citizenship for Registration Requirements Act

Section 1: Eligibility of Applicants for Voter Registration — Citizenship.

  • (A) The [Chief Election Official ] shall identify those applicants who are potentially ineligible based on their status as a non-United States citizen by comparing or receiving information from other governmental entities as authorized by law.
  • (B) Upon receipt of information from other governmental entities indicating an applicant may be ineligible based on his or her status as a non-U.S. citizen, the [Chief Election Official ] shall review the information and make an initial determination as to whether the information is credible and reliable.
  • (C) If the [Chief Election Official ] determines that the information is credible and reliable, the [Chief Election Official] must notify the [local election official] and provide a copy of the supporting documentation indicating potential ineligibility of the applicant to be registered.
  • (D) Upon receipt of the notice that the [Chief Election Official] has made a determination of initial credibility and reliability of information, the [local election official] must adhere to notice procedures and provide the applicant the opportunity to provide a document acceptable as evidence of United States citizenship before the denial of registration.
  • (E) If the applicant provides a document acceptable as evidence of United States citizenship, the [local election official] must record the type of document in the statewide voter registration system.

Section 2: Section 2: Verification of Citizenship of All Registered Voters 

  • (A) The [Chief Election Official] shall verify the citizenship status of all voters registered as of [insert date] whose status has not already been verified as a United States citizen.
  • (B) If the citizenship status of a registered voter cannot be verified or the voter record does not indicate that the registered voter’s citizenship is verified, the [state election official] must notify the [local election official] who must notify the registered voter. The [Chief Election Official] shall review the information provided from the [Driver’s Licensing Agency] and make an initial determination as to whether the information is credible and reliable.
  • (C) If the [Chief Election Official] determines that the information is credible and reliable, the [Chief Election Official] must notify the [local election official] and provide a copy of the supporting documentation indicating the potential ineligibility of the voter.
  • (D) The [local election official] will take steps to notify the voter in a timely manner of the lack of citizenship documentation and provide the opportunity to provide the required documentation to their [local election official] within 30 days or the voter will receive notice of removal from the official voter registration list. The voter will have the opportunity to appeal the removal, provide necessary documentation, and restore the registration no later than book closing prior to Election Day.

Section 3: Necessary Documents to Prove Citizenship

  • (A) If the applicant’s status as a United States citizen cannot be verified by the records of the (Drivers Licensing Agency) – the documents “acceptable as evidence of U.S citizenship” include the following: 
    1. An original or certified copy of a United States birth certificate.
    2. A valid, unexpired United States passport.
    3. A naturalization certificate issued by the United States Department of Homeland Security.
    4. A Consular Report of Birth Abroad provided by the United States Department of State.
    5. A current and valid [State] driver license or [State] identification card issued by the [Insert Driver’s Licensing Agency], if such license or identification card indicates United States citizenship on it and confirmation of underlying documentation of citizenship.
    6. A current and valid photo identification issued by the Federal Government or the state which indicates United States citizenship.
    7. An order from a federal court granting United States citizenship.
    8. Documentary evidence of citizenship issued by a federally recognized Indian tribe.
    9. Certificate of citizenship.
  • (B) Requirements in Case of Name Discrepancies in Documentation
    1. If there is a discrepancy in the name on documentation presented by an applicant to establish citizenship, the applicant may submit additional documentation as necessary to establish the name on the citizenship documentation is a previous name of the applicant.

Section 4: County offices use the SAVE Program for Citizenship Verification

  • (A) County election offices within the state are directed to gain access and utilize the Systematic Alien Verification for Entitlements (SAVE) program with United States Citizenship and Immigration Services to support the verification of citizenship and investigate the citizen status of applicants or registered voters.   

Section 5: Driver’s License Notation of Citizenship and Replacement Upon Change In Citizenship

  • (A) By [Date], a [insert state] driver’s license or ID card issued must include whether the licensee is a U.S. citizen and a replacement must be issued (at no charge) when a licensee changes his or her U.S. citizenship status.  

Section 6: Citizenship Data Sharing Between Driver’s License Agency with the Chief Election Official and State Election Office  

  • (A) The [Driver’s Licensing Agency] shall furnish [weekly or monthly] to the [Chief Election Official]:  
    1. Information identifying those persons who during the preceding [week or month] presented evidence of United States citizenship upon being issued a new, renewed, or replacement [state] driver’s license or state identification card.
    2. The information must contain the person’s name; address; date of birth; last four digits of his or her social security number, if applicable; state driver license number or state identification card number, if available; the type of documentary proof the person provided in support of his or citizenship; and, if applicable, the person’s alien registration number of other legal status identifier.

Section 7: Citizenship Data from Certain State Agencies Shared with the Chief Election Official

  • (A) To the extent permissible under federal law, every state agency that provides public funds, scholarship, or other public funded benefits to noncitizens shall report the name, address, and all other identifying information in their possession, for each noncitizen recipient on a quarterly basis to the [Chief Election Official]. 
  • (B) An order or decree from a federal court granting or recognizing United States citizenship.

Section 8: Process of Confirming Proof of Citizenship and Provisional Voting

  • (A) If a completed voter registration application has been received by the book closing deadline and the records of the [Driver’s Licensing Agency] indicate that the applicant is not a United States citizen or has not provided a document acceptable as evidence of United States citizenship, the applicant must provide a document acceptable as evidence of United States citizenship. If the applicant provides the necessary evidence, [election official] shall place the applicant’s name on the registration rolls as an active voter. If the applicant has not provided the necessary evidence or the number has not otherwise been verified prior to the applicant presenting himself or herself to vote, the applicant shall be provided a provisional ballot. The provisional ballot shall be counted only if the number is verified by the end of the canvassing period or if the applicant presents a document acceptable as evidence of United States citizenship no later than [insert deadline following the election].

Section 9: Federal Requirements in Registration  

  • (A) The [Chief Election Official] shall have the authority to engage in rulemaking or policy to meet any specific federal requirements of the National Voter Registration Act. 

Section 10: Reporting and Transparency

  • (A) The [Chief Election Official] shall submit an annual report to the leadership of the legislature and pertinent committees of jurisdiction regarding elections on the number of:
    1. Applicants for voter registration:
      • (a) Who have been fully verified as Untied States citizens; and
      • (b) Who have not been verified as United States citizens and applications were rejected.
    2.  Registered voters:
      • (a) Whose United States citizenship could not be verified, did not provide a document acceptable as evidence of United States citizenship, and were removed from the statewide voter registration system; and
      • (b) Whose registration record was updated with a document acceptable as evidence of United States citizenship.