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JEFFERSON CITY — Voting rights activists warned Monday that an attempt to require birth certificates or passports to prove citizenship when registering to vote in Missouri could trigger a lawsuit. Speaking on legislation crafted in response to a constitutional change approved by Missouri voters in November, organizations ranging from the League of Women Voters to the American Civil Liberties Union said they believe the Republican-led proposal could disenfranchise various groups that don’t have ready access to those documents. The legislation heard by members of the Senate Local Government, Elections and Pensions Committee is sponsored by Sen.
Ben Brown, R-Washington. It lays out a requirement for voters to provide a passport, birth certificate or other means of proving they are citizens when they register. Currently, voters check a box stating they are U.
S. citizens. Noncitizen voting was already illegal under Missouri law before the approval of Amendment 7 by a 61-38 margin in November, but the modification alters the Missouri Constitution to explicitly ban noncitizen voting.
“The people of the state have made it clear where they stand on this issue,” Brown told the committee. Brown said he added a provision to ensure Missourians who are already registered don’t have to re-register using the new requirements. There are few incidents in which noncitizens cast or attempt to vote in Missouri elections.
In some instances, foreign-born residents seeking driver’s licenses have checked the box unintentionally. Missouri Secretary of State Denny Hoskins, who oversees elections in the state, supports the plan. Becky Arps, research director for Americans for Citizens Voting, cited instances in other states where noncitizens were mistakenly registered to vote.
“Are these foreign nationals changing elections. Maybe. Maybe not,” said Arps, who supports the measure.
“This bill ensures confidence in our election process,” said Chandra Hendren of the Heritage Action for America organization. But League of Women Voters President Marilyn McLeod earlier said a sizable number of citizens don’t have passports or easy access to their birth certificates, potentially stopping them from registering. A 2023 survey involving the Brennan Center for Justice and other groups found that more than 9% of American citizens of voting age, or 21.
3 million people, don’t have proof of citizenship readily available. Among the barriers is cost. A U.
S. passport costs $130 for adults. “We always want to make sure we make it as easy to register to vote as we can,” said Nancy Copenhaver of the League of Women Voters.
Denise Lieberman, an attorney for the Missouri Voter Protection Coalition, said the change could cause confusion. “There is no database in the United States of who is a citizen or not,” Lieberman said. “We think the net effect of the bill is to reduce access for some citizens,” said Otto Fajen, representing the National Education Association’s Missouri chapter.
Rick Stream, a former lawmaker who serves as a director of St. Louis County Election Board, said the proposed changes could result in an “administrative nightmare” without further work. “Certainly, the small counties are going to have trouble with that,” Stream said.
St. Charles County election chief Kurt Bahr said the legislation doesn’t address how people who register online will provide documentation. “There are potential complications,” said Bahr, a former member of the Missouri House.
There is similar legislation pending in the House. Rep. John Simmons, R-Washington, is sponsoring legislation that would put a mark on driver’s licenses showing if a motorist is a U.
S. citizen. But, House Bill 861 doesn’t outline what proof is needed.
Instead, if approved, the Missouri Department of Revenue would coordinate with the U.S. State Department to establish criteria for verifying citizenship.
The debate in Missouri comes after the U.S. House of Representatives in July passed a proof-of-citizenship requirement for voter registration.
The bill, which did not advance in the Senate, would have required noncitizens to be removed from state voter rolls and require new applicants to provide documentary proof of U.S. citizenship.
It also would require states to establish a process for applicants who can’t show proof to provide other evidence beyond their attestation of citizenship, though it’s unclear what that evidence could include. The legislation is Senate Bill 62 ..