U.S. Senator Katie Britt Leads Republican Senate Rules Committee Members in Reintroducing Legislation to Help Prevent Noncitizens From Voting in Federal Elections

WASHINGTON, D.C. – U.S. Senator Katie Britt (R-Ala.), a member of the Senate Committee on Rules and Administration, today led all Republicans on the committee in reintroducing the Citizen Ballot Protection Act, the Senate companion bill to legislation introduced in the U.S. House of Representatives by Representative Gary Palmer (AL-06).

The bill would ensure States are able to better verify that only American citizens are voting in federal elections by codifying the ability of States to require that an applicant provide proof of American citizenship when registering to vote via mail-in application.

“Voting in our country is a sacred right that must solely be limited to American citizens. To allow States to uphold this principle should be simple commonsense,” said Senator Britt. “It should not be controversial that States have the legal right to prevent noncitizens – including illegal aliens and official representatives of foreign adversaries – from voting in State and Federal elections. Cities that allow noncitizens to vote in local elections disenfranchise hardworking American citizens, insult those American citizens who came to our country legally and took the time and effort to go through the citizenship process, and undermine faith in our entire electoral system – which is a cornerstone of our nation that we cannot allow to crumble. I’m proud to work with Representative Palmer and my Senate colleagues to ensure that we pass this legislation and stand up for the right of Americans – and only Americans – to vote in American elections.”

“The Citizen Ballot Protection Act is a great step towards restoring faith in the ability to conduct free and fair elections and preventing illegally cast ballots from swaying the outcome. I’m thankful for Senator Britt’s leadership on this issue and championing this legislation in the Senate,” said Representative Palmer.

“The right to vote, which is a cornerstone of our democracy, is a distinct honor and privilege granted to American citizens. That is why I am proud to help introduce the Citizen Ballot Protection Act, legislation that further protects that right by strengthening states’ ability to ensure only American citizens are voting in federal elections,” Senator Capito said.

“Protecting the integrity of our elections is vital, which includes empowering states to verify that only eligible voters are allowed to register. I am pleased to join Senator Britt and our colleagues on this commonsense legislation that can help restore trust in a fundamental aspect of our political system,” said Senator Boozman.

“Mississippi has administered a successful voter ID program for years.  Confidence in our elections will only improve by making it easier for all states to ensure that only eligible citizens cast votes,”Senator Hyde-Smith said.

“It’s unconscionable that our nation doesn’t have the proper systems in place to ensure that only American citizens are voting in our elections,” said Senator Hagerty. “This dilutes the voting power of citizens and their faith in election integrity. I’m pleased to join this legislation that will ensure only American citizens are choosing our leaders.”

“The right to vote is a sacred American value. For too long, cities across the U.S. have allowed noncitizens to vote in elections.  Ensuring that United States citizens are the only people voting in our elections is a commonsense provision that will promote election integrity,” said Senator Wicker.

Original cosponsors of the legislation include all Republican members of the Senate Rules Committee: Chairman Mitch McConnell (R-Ky.) and Senators Ted Cruz (R-Texas), Shelley Moore Capito (R-W.Va.), Roger Wicker (R-Miss.), Deb Fischer (R-Nebr.), Cindy Hyde-Smith (R-Miss.), Bill Hagerty (R-Tenn.), and John Boozman (R-Ark.).

In 2024, Washington, D.C., began to allow noncitizens who have been residents for more than 30 days to vote in local elections, opening the door to the possibility that foreign nationals, including embassy staff from countries such as China and Russia, could be casting ballots at the polls in our nation’s capital.

In recent years, cities in Maryland, Vermont, and New York have also passed measures allowing noncitizens to vote in local elections.

While States have the primary responsibility of overseeing federal elections, the National Voter Registration Act (NVRA) of 1993 – also commonly referred to as the “motor voter law” – lays out certain registration requirements for federal elections.

The Citizen Ballot Protection Act relates specifically to Section 6 of the NVRA, which requires that each State accept and use the federal mail voter registration application form developed by the U.S. Election Assistance Commission.

Section 6 also allows a State to develop and use its own mail voter registration form as long as it meets all of the same criteria the NVRA requires for the federal mail voter registration form.

The Citizen Ballot Protection Act simply amends the NVRA to explicitly allow States to put in place a proof of citizenship requirement for both the federal mail voter registration form and any State mail voter registration forms that they might develop.

Specifically, NVRA states that the federal mail voter registration form:

• May require only such identifying information (including the signature of the applicant) and other information (including data related to previous voter registration) as is necessary to enable the State election official to assess the eligibility of the applicant to vote.

• Shall include a statement that specifies each eligibility requirement (including citizenship), contains an attestation that the applicant meets each requirement, and requires the signature of the applicant under penalty of perjury.

• NVRA further states that the federal mail voter registration form may not include “any requirement for notarization or other formal authentication.”

State modifications to the federal form are reviewed by the U.S. Election Assistance Commission. Unfortunately, both the Election Assistance Commission and the courts have interpreted the prohibition on “any requirement for notarization or other formal authentication” as precluding efforts by some States to include a requirement of documentary proof of American citizenship with the federal form.

One of the most notable instances of this issue is a 2013 Supreme Court ruling which held that Arizona could not require documentary proof of citizenship on the federal registration form without U.S. Election Assistance Commission approval.

The full text of the bill can be read here.

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