Comment on Petition Submitted by America First Legal Foundation to the U.S. Election Assistance Commission Regarding Proof of Citizenship Requirements for Voter Registration
To the Commissioners of the U.S. Election Assistance Commission:
U.S. Vote Foundation and its Overseas Vote initiative respectfully submit this comment in strong opposition to the petition filed by the America First Legal Foundation requesting that the U.S. Election Assistance Commission (EAC) require documentary proof of U.S. citizenship for voter registration.
U.S. Vote Foundation (US Vote) and our Overseas Vote initiative is a nationally recognized, nonpartisan nonprofit organization with a long and distinguished history of service to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) community. Since our founding in 2005, our mission has been to simplify and improve the process of voter registration and absentee ballot request for all eligible American citizens living and serving abroad. Over the past two decades, we have helped millions of voters successfully register and vote, providing critical civic technology and data, as well as help desk support to across all 50 states and U.S. territories.
Both UOCAVA, and its subsequent enhancement through the Military and Overseas Voter Empowerment (MOVE) Act, were enacted with overwhelming bipartisan support. These laws established a secure, uniform, and efficient system to ensure that military members, their families, and U.S. citizens residing abroad can participate in American elections. For nearly forty years, the UOCAVA program has operated smoothly and securely across the country, without any credible indication of systemic wrongdoing or voter fraud. On the contrary, UOCAVA represents one of the most successful, automated, and bipartisan voting systems in the history of the United States.
The petition now before the EAC seeks to impose new documentary proof-of-citizenship requirements on voter registration. This proposal is unnecessary, unsupported by evidence, and would create serious new risks and barriers for UOCAVA voters. The current system is not broken, and there is no evidence that non-citizens are registering or voting under UOCAVA procedures. Voters already verify their identities using secure, statutorily prescribed methods, including the last four digits of their Social Security number, combined with name, date of birth, and last U.S. residence address. Election officials are able to securely validate this information using existing systems.
By contrast, requiring voters to transmit copies of citizenship documents such as passports introduces major security and logistical problems. There is no secure, standardized, or federally certified system for U.S. voters to upload or transmit these sensitive identification documents, nor for election officials to verify them safely. The systems currently in use—primarily paper mail or email—are not designed to protect personally identifiable information of this nature. Both of these can be intercepted.
UOCAVA voters are not lacking in identity documents; we are U.S. citizens. The concern is the absence of secure channels for document transmission and verification. Asking voters to send copies of passports through insecure systems would expose them to unacceptable risks of identity theft and data breach. No American citizen should ever be asked to risk their personal data or identity in order to exercise the right to vote.
Moreover, the proposed requirement would create severe new barriers to participation among overseas and military voters. Voter registration and participation rates among eligible overseas citizens remain extremely low—ranging between three and eight percent in contrast with participation of over 60% for domestic voters. Additional administrative burdens, such as a requirement to provide and transmit citizenship documents, would almost certainly drive participation rates down even further.
The practical challenges are substantial. Many voters live in countries with unstable or disrupted postal systems, some of which will not reliably deliver mail to the United States. These issues were compounded by new restrictions on international mail implemented during this administration. As a result, requiring voters to physically mail copies of citizenship documents would be infeasible for many and could effectively disenfranchise entire groups of citizens who are otherwise eligible and motivated to vote.
It is essential to emphasize that the existing system for overseas and military voter registration is already secure, functional, and verified. Election officials can confirm voter identity through existing means. There is no operational or security justification for imposing new citizenship-document requirements. This proposal would not enhance election integrity—it would introduce new vulnerabilities and undermine confidence in the well-functioning UOCAVA process.
If the Commission is interested in strengthening the administration of UOCAVA voting, we urge a focus on improvements that genuinely enhance security and access, such as developing secure communication channels between voters and election officials, supporting state adoption of online tools designed for UOCAVA use, and maintaining the bipartisan commitment to ensuring that military and overseas voters can participate safely and efficiently in every election. Additional suggestions are outlined in our UOCAVA Reform Agenda is available on our Overseas Vote site: https://www.overseasvotefoundation.org/us-overseas-voting-reform-agenda
For over two decades, U.S. Vote Foundation and Overseas Vote have worked to support the growing participation of overseas and military voters. The current UOCAVA framework functions as intended—safely, reliably, and without evidence of abuse. Introducing proof-of-citizenship requirements without the creation of an appropriate, secure technological infrastructure would endanger voters and the electoral process alike.
For these reasons, we strongly urge the Election Assistance Commission to reject the petition submitted by the America First Legal Foundation. This proposal would harm, not help, American voters—particularly those serving our nation abroad or living overseas—and would undermine one of the most successful voting programs in U.S. history.
Respectfully submitted,
Susan Dzieduszycka-Suinat
President and CEO, U.S. Vote Foundation
Founder, Overseas Vote
Mark Ritchie
Acting Chair
U.S. Vote Foundation
Submitted by:
U.S. Vote Foundation
October 7, 2025
[email protected]
U.S. Vote Foundation
4325 N Old Glebe Rd
Arlington, VA 22207