Eligibility Verification and Documentary Proof of Citizenship for Registration Requirements Act

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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 — Citizenship.  

  • (A) The [chief election official] shall identify those registered voters 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 _____.   
  • (B) Upon receipt of information from other governmental entities indicating a voter may be ineligible based on his or her status as a non-U.S. citizen, the [chief election official or designee] shall review 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 name or responsible party] and provide a copy of the supporting documentation indicating potential ineligibility of the voter to be registered.   
  • (D) Upon receipt of the notice that the chief election official has made a determination of initial credibility and reliability, the [local election official or other responsible party] must adhere to the [notice, due process procedures] before the removal of a registered voter’s name from the statewide voter registration system.   
  • (E) If the voter provides a document acceptable as evidence of United States citizenship, the local or applicable election official] must record the type of document in the statewide voter registration system.  

Section 2: 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.  

Section 3: Verification of Citizenship of All Registered Voters   

  • (A) The [Chief Election Official or Body] 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 [state election office] 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 [state election office] determines that the information is credible and reliable, the [state election office] 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 office will take steps in a timely manner to notify the voter of the lack of citizenship documentation and provide the voter the opportunity to the applicant to provide the required documentation within 30 days or the voter will receive notice of removal from the official voter registration list.   

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 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 [Drivers Licensing Agency] shall furnish [weekly or monthly] to the State 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 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) 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 and state election office.   

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 [Drivers 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.