Florida Governor Ron DeSantis signed a bill into law on Wednesday that mandates proof of U.S. citizenship for voter registration and implements stricter identification requirements at polling places. Most provisions of the new law are scheduled to take effect after the upcoming 2024 midterm elections. The legislation has generated support from those citing election integrity and opposition from voting rights advocates and Democrats who express concerns about potential voter disenfranchisement and administrative difficulties.
The new law requires election officials to verify a voter's U.S. citizenship and restricts acceptable photo IDs at polling places.
Key Provisions of the Law
The new law introduces several changes to Florida's election procedures:
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Citizenship Verification: The legislation requires election officials to verify a voter's U.S. citizenship after registration. This process involves cross-referencing the state's voter registration database with the driver's license database maintained by the Florida Department of Highway Safety and Motor Vehicles, which verifies citizenship for federal REAL ID requirements. Floridians whose citizenship is already affirmed through documents provided for a driver’s license will have their registration approved. Those without this information on file will be given one month to provide proof of citizenship or face removal from voter rolls.
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Stricter Voter Identification: The law restricts the types of acceptable photo IDs at polling places. Student IDs and retirement community IDs will no longer be permitted. Accepted forms of identification will continue to include driver’s licenses, state ID cards, military IDs, and concealed weapons licenses.
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Implementation Timeline: The provisions of the bill are set to take effect after the 2024 midterm elections.
Proponents' Stated Rationale
Supporters of the legislation, including Governor DeSantis, State Senator Erin Grall (R-Vero Beach), and State Representative Jenna Persons-Mulicka (R-Fort Myers), assert that the bill is necessary to protect and expand integrity in the voter registration process and to prevent voter fraud. Governor DeSantis stated that the Florida Constitution mandates only American citizens can vote. Senator Grall cited instances of non-citizen voting as evidence supporting the need for the changes, while Representative Persons-Mulicka stated the bill helps Florida maintain its leadership in election integrity. The state's top election official, Secretary of State Cord Byrd, has expressed support for citizenship verification efforts. Supporters also noted that millions of Floridians have already provided passports or birth certificates when obtaining a REAL ID.
Opponents' Concerns and Legal Challenges
Democrats and voting rights advocates have expressed concerns that the law could disenfranchise eligible citizens and complicate the voting process for both voters and election administrators. They argue there is insufficient evidence of widespread non-citizen voting or other voter fraud to justify such changes. Concerns have been raised about potential impacts on specific voter groups, including older Black voters who grew up in the Jim Crow South, naturalized citizens, individuals born in Puerto Rico, and those who have changed their name or lost documents. The removal of student and retirement center IDs is also cited as potentially disenfranchising college students and elderly residents who may not possess other accepted forms of identification. State Representative Jervonte “Tae” Edmonds (D-West Palm Beach) stated that protecting elections should not come "at the cost of constitutional voting rights."
A federal lawsuit has been filed to block the law by the League of Women Voters of Florida and a coalition of advocacy groups, represented by the American Civil Liberties Union (ACLU). A study by the Brennan Center for Justice found that over 9% of American citizens of voting age do not have readily available proof of citizenship documents, which advocates estimate could affect more than 1 million Floridians once the law is fully implemented.
Implementation Aspects and Potential Difficulties
Wendy Sartory Link, Supervisor of Elections for Palm Beach County, outlined several potential implementation challenges for election offices. These include developing new rules and forms, updating computer systems, establishing inter-agency data sharing, and hiring additional staff without increased funding. Concerns were also raised regarding verifying the authenticity of diverse citizenship documents and managing potential long lines at polling sites due to the new ID restrictions.
Florida's law differs from similar documentary proof of citizenship requirements attempted in other states, where courts have ruled such measures violate federal law. For example, Arizona operates a bifurcated election system where voters without citizenship proof are limited to federal elections, a system an analysis by the Brennan Center indicated disproportionately affects people of color and younger individuals. Florida's law, however, uniquely requires election officials to verify citizenship after registration.
Broader Context and Legislative Outcome
The legislation aligns with the federal SAVE America Act. Similar legislation requiring proof of U.S. citizenship to register or photo ID at polls has been advanced in a dozen other states this year, according to the Voting Rights Lab, with Utah and South Dakota also sending such bills to their governors.
The measure passed the Florida Senate with a vote of 27-12, with most Republicans supporting it and all Democrats opposing. The House gave final approval on a 77-28 vote before sending the bill to Governor DeSantis for signing.