In Austin, Texas, the push by President Donald Trump and congressional Republicans to make citizenship proof mandatory for voter registration has faced significant hurdles. Efforts to implement Trump’s executive order directing such a requirement for federal elections have been halted by a judicial ruling. Meanwhile, federal legislation targeting the same goal appears to lack the necessary support in the Senate. Concurrently, attempts at the state level have also hit roadblocks, even in traditionally Republican-led states.
One recent instance of this occurred in Texas, where a Senate bill requiring proof of citizenship did not achieve complete legislative approval before lawmakers adjourned this week. This proposal was among the most comprehensive in the United States, as it encompassed not only new voters but also the state’s existing 18.6 million registered voters.
Anthony Gutierrez of the voting rights organization Common Cause Texas criticized the bill sponsors for not adequately demonstrating how they would implement the bill without causing inconvenience to many voters.
Although illegal voting by noncitizens is already a punishable felony and a deportable offense, Trump and his supporters have advocated for a proof-of-citizenship rule, arguing it would bolster election integrity. Trump, before his victory, inaccurately claimed that noncitizens might vote in sufficient numbers to influence election outcomes. Though instances of noncitizen voting do exist, they are infrequent and typically unintentional, as various studies and state cases have confirmed.
Critics of the proof-of-citizenship measures argue that such requirements are overly stringent and risk disenfranchising millions of eligible voters, especially those who face challenges in accessing essential documents like birth certificates or passports, or have changed their name due to marriage.
The number of states deliberating on citizenship verification legislation tripled from 2023 to this year, according to Liz Avore from the Voting Rights Lab. However, this surge in bills hasn’t resulted in many being enacted into law. Legislation succeeded in Wyoming, but stalled or failed in several other Republican-led states including Florida, Missouri, Texas, and Utah. Ohio still has an active proposal, but Governor Mike DeWine has expressed reluctance to sign any bill that makes voting more challenging.
In Texas, although the proposal swiftly passed through the state Senate, it failed to reach a vote in the House. This was unexpected given the emphasis Texas Senate Republicans placed on the bill. Democratic Representative John Bucy, vice-chair of the House elections committee, expressed relief, suggesting that Texas avoided a mistake based on the experiences of other states.
Bucy particularly highlighted the issues faced by married women who have changed their last names, as evidenced in local elections in New Hampshire, which introduced a proof-of-citizenship requirement last year.
Past attempts by other states to set similar requirements have faced legal challenges and implementation problems. For instance, an Arizona audit revealed inefficiencies in data management impacted citizenship verification, leading to misclassification of around 200,000 voters. Kansas faced federal court intervention, which overturned its law after it barred nearly 30,000 people—mostly eligible U.S. citizens—from registering.
In Missouri, a proposed measure did not come to a vote despite passing a Senate committee. Senator Ben Brown, who supported the bill, cited time constraints and prioritized banning foreign contributions in state ballot campaigns. He plans to reintroduce the proposal next year.
Other states have refocused efforts on different electoral issues. Utah passed laws to add voter ID requirements and have voters opt-in to receive mail-in ballots. Florida’s failed proposal would have invalidated voter registration applications until citizenship was verified through various means. The legislation intended to align with Trump’s executive order, but it did not advance.