Republican Gov. Ron DeSantis signed a bill Wednesday that will require proof of citizenship to vote and impose stricter voter ID restrictions on Floridians.
The new law, most of which won't take effect until after the midterm elections, is Florida's version of the federal SAVE America Act, a bill President Donald Trump has championed. That measure is currently stalled in the U.S. Senate, where it lacks the 60 votes needed to advance under current rules.
“This bill protects and expands integrity in our voter registration process,” DeSantis said. “Our Constitution in the state of Florida says only American citizens are allowed to vote in our elections, so we need to make sure that is the law.”
Democrats and voting rights advocates warn Florida's law will disenfranchise eligible voters who lack ready access to the documents that are needed to vote.
Already, the League of Women Voters of Florida and a coalition of advocacy groups, represented by the American Civil Liberties Union, have filed a federal lawsuit to block the law.
"We are most concerned about impact as it relates to the most vulnerable Florida voters," said Jonathan Topaz, attorney at the American Civil Liberties Union. "This could mean older Black voters who grew up in Jim Crow South who don’t have access to birth certificates, this could be naturalized citizens — we know naturalized citizens are flagged as noncitizens all the time."
Voters who were born in Puerto Rico, have changed their name or have lost documents may struggle to meet the requirements of the new law, he said.
Supporters of the legislation note that millions of Floridians have already shown government officials their passports or birth certificates when obtaining a REAL ID. They also argue the law is necessary to prevent voter fraud, despite little evidence of it occurring.
More than 9% of American citizens of voting age do not have proof of citizenship documents readily available, according to a study commissioned by the Brennan Center for Justice. Based on that metric, advocates fear that more than 1 million Floridians could struggle to cast a ballot starting next year, when the law will be fully implemented.
Other states have tried to impose documentary proof of citizenship requirements in the past, but courts have ruled they violate federal law. To comply with one such ruling, Arizona now has a bifurcated election system that allows those who haven't proved their citizenship to only vote in federal elections.
The system offers a window into the kinds of people who do not have access to the documents required by proof of citizenship laws. In Arizona, they are disproportionately voters of color and younger voters, according to an analysis by the Brennan Center. Votebeat reported that Arizonans who are only eligible to vote in federal elections often live around college campuses, suggesting they are students without their citizenship documents on hand.
Florida's law has different requirements than Arizona's, however. It asks election officials to verify voters’ citizenship after registration. For Floridians who have shown their passport or birth certificate to government officials when getting a driver’s license, their citizenship will be affirmed and their registration approved.
Those without this information on file will be asked to prove their citizenship within a month or they could be removed from the voter rolls.
Wendy Sartory Link, the supervisor of elections for Palm Beach County, said implementing this law will be a major challenge for election officials, particularly those in larger, more diverse counties.
Link said her office will need to roll out new rules and forms — all of which do not yet exist and will need to be written by the state — and rush to begin preparing for the proof of citizenship requirements that go into effect in January.
She said that computer systems will need to be updated — the voter file doesn't currently include a space for citizenship proof — and that new systems will need to be created among agencies to share data. Link also said she will need to hire new staffers to handle the increased workload, though the bill didn't give her any additional funding to pay for it. Once voters are asked for proof, she said, she's worried long lines will form with voters bringing proof of citizenship.
She also said she has many unanswered questions: Can she accept proof of citizenship over email even if she can't touch the raised seal to be sure it's an original document? Does she need to ask voters to prove their citizenship every time they update their voter registration? Does she need new trainings to evaluate the proof that voters may bring her?
"If somebody brings a birth certificate and it’s an Idaho birth certificate, I don’t know what that looks like. Am I supposed to know whether or not that’s a fraudulent birth certificate, or do I just accept it because it says Idaho birth certificate?” Link said.
Florida's new law also restricts the kind of photo IDs that voters can use to prove their identities at the poll, eliminating the use of retirement community and student IDs.
At polling sites near college campuses and retirement communities, Link said, this change could trigger long lines as more students fill out provisional ballots and need to later affirm their identities.
Out-of-state students may struggle to obtain the required ID unless they plan months ahead, too. In her community, she said, it also takes time to get an appointment for a Florida driver's license.
Lawmakers in a dozen states have advanced legislation this year that would require residents to prove their U.S. citizenship to register to vote or bring photo ID to the polls, according to the Voting Rights Lab, a nonpartisan group that tracks election legislation. Utah and South Dakota have also sent bills imposing a proof of citizenship requirement on to their governors.
