‘Show Your Papers’ Order Permanently Barred for Voters
A federal judge has permanently blocked a proposal to require documented proof of citizenship for federal voter registration forms, ruling that the executive branch cannot impose such requirements. The change was dictated in an executive order back in March of this year.
According to CNN, US District Judge Colleen Kollar-Kotelly in Washington, DC, stated that under the U.S. Constitution, the authority to regulate federal elections rests with Congress and the states, not the presidency.
The ruling sides with both Democratic and civil rights groups, both of which argued that these requirements would have created discriminatory barriers for eligible voters — especially for Black voters, young people, and those without easy access to specific documents like passports or birth certificates.
In a joint statement, plaintiffs and counsel, who are a coalition of voting and civil rights organizations, said:
“The court’s ruling confirms what we have long argued,” the statement read. It also specified that the presidency, “may not rewrite election law to impose a burdensome show-your-papers rule that would shut out countless Americans from the ballot box. This executive order was an attempted overreach of power, bypassing the Constitution’s clear allocation of authority to Congress and the states to set election rules. Our democracy is strongest when every eligible voter can register and vote free from expensive and unnecessary requirements.”
The U.S. Election Assistance Commission is now barred from adding a citizenship proof requirement to the national voter registration form, and other executive order provisions—like receiving all mail-in ballots by Election Day—remain under legal challenge.
In Kansas, the proof-of-citizenship voting requirement was in effect for three years. The stipulation led to a chaotic voting experience before it was overturned in federal court. Roughly 30,000 eligible people were barred from registering to vote.
It's worth noting that voting by noncitizens is actually quite rare. In a 2017 study conducted by the Brennan Center and shared by Reuters, of 23.5 million votes cast, there were roughly 30 cases of noncitizens voting.
The White House has not yet commented on the ruling.