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A look at state laws requiring proof of citizenship for voter registration

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In March, Wyoming Gov. Mark Gordon (R) allowed HB 156—a law requiring proof of citizenship to register to vote—to become law without his signature. In response, the Equality State Policy Center filed a lawsuit challenging the law. As the lawsuit goes through the court, we’re looking at how other states approach proof of citizenship requirements.

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections. The law also establishes the punishment of a fine, one year in prison, or both for violation. However, it does not apply to state and local offices. In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states needed to create a separate registration system for state elections to require proof of citizenship.

As a result, the 49 states with voter registration systems (North Dakota does not have a voter registration system) have taken different approaches toward voter registration.

In all 49 states, applicants registering to vote must declare they are U.S. citizens by signing a declaration under penalty of perjury or other punishment. In seven of those 49 states, applicants must also provide proof of citizenship at the time of voter registration by providing official documentation such as a birth certificate or passport. Rules regarding the type of applicable documentation may differ from state to state.

In six of those seven states, proof of citizenship is required only for new registrants. In Wyoming, however, new registrants and those updating their voter registration must provide proof of citizenship.

Wyoming is the only state that has enacted such a law so far this year. In 2024, Louisiana and New Hampshire enacted their laws. Since 2022, we’ve followed 59 bills introduced in state legislatures requiring proof of citizenship to register to vote.

Court decisions invalidated Kansas’s proof of citizenship law, and Georgia and Louisiana have not implemented the requirements of their proof of citizenship laws. 

A Kansas state law that went into effect in 2013 required voters to provide proof of U.S. citizenship when registering to vote. However, the provision was challenged in court, and on June 18, 2018, Judge Julie Robinson struck down the proof of requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule.

Louisiana state law requires a voter registration applicant to provide proof of citizenship to register to vote. A Georgia law, passed in 2009, required voters to provide proof of U.S. citizenship when registering to vote. As of July 2025, neither state had implemented the requirement.

Click here for more information about laws requiring proof of citizenship for voter registration in the United States. You can also click here to view information about laws permitting noncitizens to vote in the United States. Finally, check out our Election Administration Legislation Tracker for the latest developments in state election laws.

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