Notice2025-15930
Petition of America First Legal Foundation for Rulemaking Before the Election Assistance Commission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 21, 2025
Issuing agencies
Election Assistance Commission
Abstract
On July 16, 2025, the Election Assistance Commission (EAC or Commission) received a petition for rulemaking submitted by America First Legal Foundation asking the Commission to amend EAC Regulations and the National Mail Voter Registration Form to require documentary proof of United States citizenship to register to vote in federal elections.
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Notices]
[Page 40825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15930]
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ELECTION ASSISTANCE COMMISSION
Petition of America First Legal Foundation for Rulemaking Before
the Election Assistance Commission
AGENCY: Election Assistance Commission.
ACTION: Rulemaking Petition: Notification of Availability.
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SUMMARY: On July 16, 2025, the Election Assistance Commission (EAC or
Commission) received a petition for rulemaking submitted by America
First Legal Foundation asking the Commission to amend EAC Regulations
and the National Mail Voter Registration Form to require documentary
proof of United States citizenship to register to vote in federal
elections.
DATES: Comments must be submitted on or before October 20, 2025.
ADDRESSES: All comments must be in writing. Interested persons should
not provide in their comments any information that they do not wish to
make public, such as a home street address, personal email address,
date of birth, phone number, social security number, driver's license
number, or any information that is privileged or confidential.
Interested persons are encouraged to submit comments using the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket number
EAC-2025-0236. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by
docket number EAC-2025-0236, by postal mail at: U.S. Election
Assistance Commission, 633 3rd Street NW, Suite 200, Washington, DC
20001. Attn: Office of the General Counsel.
FOR FURTHER INFORMATION CONTACT: Camden Kelliher, EAC General Counsel.
Telephone: (202) 360-3160; Email: <a href="/cdn-cgi/l/email-protection#3d5e565851515455584f7d585c5e135a524b"><span class="__cf_email__" data-cfemail="5c3f373930303534392e1c393d3f723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 16, 2025, the Election Assistance
Commission received a petition for rulemaking submitted by America
First Legal Foundation, asking the Commission to amend 11 CFR 9428.4
and the federal voter registration form to require documentary proof of
United States citizenship to register to vote in federal elections.
The National Voter Registration Act (NVRA) of 1993 (52 U.S.C.
20501-20511) created a single federal form that all states are required
to accept and use for voter registration for federal elections. The EAC
is responsible for maintaining and, as necessary, amending this form.
The NVRA mandates that states ``accept and use the mail voter
registration application form prescribed by the [EAC] . . . for the
registration of voters in elections for Federal office''; that the form
contain the following question: ``Are you a citizen of the United
States of America?''; and that the form ``include a statement that . .
. specifies each eligibility requirement (including citizenship)'' and
``requires the signature of the applicant, under penalty of perjury.''
The NVRA also empowers the EAC to ``require . . . information . . .
necessary to enable the appropriate State election official to assess
the eligibility of the applicant and to administer voter registration
and other parts of the election process.''
The Help America Vote Act (HAVA) requires that the NVRA form
include a question about citizenship status, requiring attestation of
United States citizenship under penalty of perjury, without
necessitating documentary proof of citizenship (52 U.S.C.
21083(b)(4)(A)). The implementing regulations for this requirement are
provided in 11 CFR 9428.4.
The petition submitted by America First Legal Foundation seeks to
initiate a rulemaking process to amend 11 CFR 9428.4 and the federal
voter registration form to require applicants to provide one of the
following as proof of citizenship: U.S. Passport, State-issued Real ID-
compliant driver's license indicating that the applicant is a citizen,
an official military identification card that indicates the applicant
is a citizen of the United States, or a valid Federal or State
government-issued photo identification if such identification indicates
that the applicant is a United States citizen or if such identification
is otherwise accompanied by proof of United States citizenship.
The EAC seeks comments on the petition. The public may inspect the
petition here: <a href="https://www.eac.gov/sites/default/files/2025-08/America_First_Legal_EAC_DPOC_Rule_Petition.pdf">https://www.eac.gov/sites/default/files/2025-08/America_First_Legal_EAC_DPOC_Rule_Petition.pdf</a>. The EAC will not
consider the petition's merits until after the comment period closes.
Camden Kelliher
General Counsel, U.S. Election Assistance Commission.
[FR Doc. 2025-15930 Filed 8-20-25; 8:45 am]
BILLING CODE 4810-71-P
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