President Donald Trump has pushed Congress to pass a proof-of-citizenship law, signed an executive order seeking a national voter ID requirement and tried to limit mail voting through U.S. Postal Service changes.
None of those moves succeeded in time to affect this year's midterm elections. It's a different matter in the states.
More than three dozen voting laws passed in Republican-controlled states are taking effect for the first time this year, many
of them containing elements of Trump's stalled proposals. They include changes to what IDs are acceptable to register for the first time and requirements to show proof of citizenship, an issue the Republican president has tried but failed to get through Congress.
“Trump’s attacks on our elections are deeply damaging, but they are not happening in isolation,” said Sophia Lin Lakin, director of the American Civil Liberties Union’s Voting Rights Project. ”Across the country, states are also advancing restrictions that make it harder for eligible voters to cast a ballot."
Some new laws seek to make voting easier. Others continue a trend in Republican-controlled states of imposing restrictive rules that began in 2021 after Trump's false claims of widespread fraud in his 2020 presidential election loss to Democrat Joe Biden. Trump's continued false claims have resonated with Republican voters, a majority of whom believe Biden was not legitimately elected despite all evidence to the contrary. Trump lost dozens of court challenges, his own attorney general found no evidence of widespread fraud, and reviews, audits and recounts in the battleground states where he contested his loss all affirmed Biden’s victory.
Among the changes confronting voters as early voting gets underway: Students in New Hampshire can no longer use student IDs; Utah voters returning mail ballots must include more information on the envelope; and some voters in Mississippi might need birth certificates or passports to verify their identities.
Republican lawmakers who support the tighter voting laws, especially around voter ID, describe them as common sense changes.
New Hampshire state Rep. Donald McFarlane said he sponsored the bill to eliminate student IDs as acceptable for voting because colleges don’t have the same controls when issuing those cards as government agencies.
“The change removes a special exception and applies the same government-issued ID standard to all voters,” he said, adding that his bill had bipartisan support.
Students, he said, can still get state IDs free of charge.
The new requirements have not gone unchallenged.
In South Dakota, the ACLU has filed a lawsuit seeking to halt a new law that includes requiring voters registering for the first time to present the most common forms of ID — driver's licenses, Tribal IDs and non-driver state IDs. They must be presented in person at places that accept registration.
“Proof of citizenship in itself is not terrible,” said Kathryn Johnson, president of the League of Women Voters of South Dakota.
Her concern is the requirement to present the IDs in person.
“We’re kind of a remote state, so sometimes it takes a drive, and you have to coordinate, you have to take off work, and all of these kinds of things,” she said.
Ohio has a proof of citizenship requirement in effect for the first time this year for those registering to vote or updating their voter registration information at a Bureau of Motor Vehicles location. The state also eliminated its four-day grace period for mail ballots, which now must be received at local election offices by Election Day.
Yet the biggest concern for voting rights groups is an ongoing purge of the state's voter rolls. The databases used to check citizenship against voter registration lists can be outdated, said Freda Levenson, legal director of the ACLU of Ohio, which has sued to overturn the law.
“Vast numbers of perfectly eligible voters are vulnerable to being disenfranchised,” she said.
Republican state Sen. Theresa Gavarone, one of the primary sponsors of the bill, challenged the ACLU's legal action and said the problem it addresses is a real one.
“In the past two years, hundreds of noncitizens have been removed from Ohio’s voter rolls," she said in an email. "Every single vote cast by a noncitizen disenfranchises a lawful Ohio voter.”
Outside an early voting center in Wayne County, Ohio, retired steel worker Dan Walter, an independent voter, said he opposes requiring documentary proof of citizenship to vote.
“It’s to keep people from voting, it sounds to me like,” he said.
His wife, Jody, a retired aerospace executive and a Democrat, said she felt the same way about Ohio's new requirement for registering to vote.
“A driver’s license doesn’t prove citizenship, and that’s all they ask for now,” she said. “It’s going to be an obstacle for so many people.”
Genia Fortune had a different view. A nurse, the Millersburg resident described herself as an independent and said she voted for President Barack Obama, a Democrat, and later for Trump. She believes Trump's false claims that the 2020 election was stolen and sees requiring documentary proof of citizenship as a necessary precaution.
“I just feel like you need to be a citizen and show proof of ID,” she said.
The Trump administration has pushed multiple strategies to influence this year’s midterm elections, most of them stymied by Congress or the courts.
Chris Diaz, the director of legislative tracking at the Voting Rights Lab, which tracks state legislation, said the group has seen several versions of the Republican president’s proposals passed by his allies in the states.
A recently released report by the group highlighted some of the key areas drawing Republican lawmakers’ attention, including mail balloting, voter ID and the hunt for noncitizens on voter rolls.
Noncitizen voting has been a focus of the Trump administration despite it being a rare problem. The U.S. Department of Justice recently announced it had brought charges in roughly 90 cases for various types of election misconduct, including 50 against people who are alleged to have voted as noncitizens. The U.S. had 227 million registered voters for the 2024 presidential election.
The Brennan Center for Justice has identified nearly 40 laws in 21 states taking effect this election season that will make it harder for eligible voters to register, stay on the rolls or cast ballots.
The report from the center, part of the New York University School of Law, found that many of the new laws target subsets of voters.
“What I want voters to take away from this is that elections are still run by the states and there are still people in many states who are trying to make it harder for you to vote," said Sean Morales-Doyle, senior director of the center’s Voting Rights and Elections Program. “But that's all the more reason to go make a plan to vote and participate.”
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Fields reported from Washington, and Smyth reported from Wooster and Millersburg, Ohio.
