Comments on Petition of America First Legal for Rulemaking Before the Election Assistance Commission
What's at Stake
The 红杏视频, along with several partner organizations, is opposing a request to the U.S. Election Assistance Commission from the America First Legal Foundation (AFL) for a new rulemaking to consider changing the federal voter registration form to add a requirement for documentary proof of citizenship.
The federal voter registration form was created by the National Voter Registration Act (NVRA), and under federal law almost all states in the country have to accept it as a form of mail voter registration. As intended by the NVRA, the form is a one page, streamlined application that an individual can complete and mail-in without providing any additional documentation. If the rules about the federal form are changed so that additional documentation is required, it is likely that many states would also change their own state voter registration forms to require documentary proof of citizenship.
This change would potentially disenfranchise millions of eligible U.S. citizens.
Summary
AFL is asking the EAC to start a new ruling making process to amend federal rule 11 C.F.R. 搂 9428.4, which provides the details of the content of the federal voter registration form. AFL is asking the EAC to add a requirement that any time an individual registers to vote or provides an update to their current registration, they provide an actual copy of their passport or one of a few other limited U.S. citizenship documents with their registration form.
This is the same kind of show your papers request that President Trump has tried to impose through his Executive Order 14,248 (Trump鈥檚 EO) and that is pending in Congress with the SAVE Act, Safeguard American Voter Eligibility Act, H.R. 22, 119th Cong. (2025), https://www.congress.gov/bill/119th-congress/house-bill/22/text. We have successfully stopped implementation of this provision of Trump鈥檚 EO, see League of United Latin American Citizens v. Executive Office of the President (鈥淟ULAC鈥), 780 F. Supp. 3d 135, 225 (D.D.C. 2025), and the SAVE Act has not yet made its way through Congress. Given that these approaches have failed, the opponents of voting rights and increases to voter registration are trying this new tactic.
The EAC is considering this request to change the requirements of the federal form, and asked for public comments by October 20, 2025. The 红杏视频 and partners submitted robust a comment explaining the reasons why the EAC should deny this request, and should not make any changes to the current format of the federal voter registration form. We also worked with partners and members of the 红杏视频 to generate comments in opposition. When the time period for submitting comments closed, there were approximately 383,153 comments. We hope most of these expressed opposition to this proposal.
Changes to the federal voter registration form to require that voters to provide documents proving their citizenship are completely unnecessary. All registration forms for voting in federal elections, including the federal voter registration form, require voters to both check a box that they are a citizen of the U.S. and to sign under oath with a penalty of perjury that they are a U.S. citizen. Moreover, non-U.S. citizens are prohibited by federal law from register to vote or cast a ballot in federal elections. It鈥檚 an existing crime that is punishable by up to five years in prison. When Congress enacted the NVRA with bi-partisan support in 1993, it determined that this positive affirmation of citizenship along with the significant penalties for violating the federal law are sufficient.
This current process has been working鈥攖he evidence is overwhelmingly clear that the instances of non-citizens voting are exceedingly rare. However, if an additional documentary proof of citizenship requirement is imposed, the impact on the ability of eligible U.S. Citizens to register and vote would be significant. Tens of millions of citizens do not possess or have easy access to the documentation that would be required under this proposal. And there would be a highly discriminatory impact on voters because naturalized citizens, voters with low incomes, voters of color, Native American voters, rural voters, and first-time voters are less likely to have the required documentation.
Having submitted comments, we now need to wait for the EAC鈥檚 response in the next few months.
Legal Documents
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10/20/2025
Comment from: 红杏视频, the 红杏视频 of the District of Columbia, the Brennan Center for Justice, the Legal Defense Fund, LatinoJustice PRLDEF, and Asian Americans Advancing Justice-AAJC -
10/20/2025
Comment from: Justin Levitt, Professor of Law at LMU Loyola Law School, Los Angeles -
10/20/2025
Comment from: Susan J. Pearson. Professor of History at Northwestern University -
10/20/2025
Comment from: D. Sunshine Hillygus, Professor of Political Science and Public Policy, Duke University -
10/20/2025
Comment from: 红杏视频 of New Hampshire and attachment -
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10/20/2025
Attachment to 红杏视频 NH Letter
Comments on Petition of America First Legal for Rulemaking Before the Election Assistance CommissionLegal DocumentsAttachment to 红杏视频 NH LetterDate Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
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10/20/2025
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10/20/2025
Comment from: 红杏视频 of Arizona -
10/20/2025
Comment of 红杏视频 of Georgia -
10/20/2025
Comment of 红杏视频 of Kansas -
07/16/2025
Original Petition from America First Legal Foundation
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 10/20/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.
Date Filed: 07/16/2025
Court: Election Assistance Commission
Affiliate: Washington, D.C.