PolicyBrief
S. 3177
119th CongressNov 18th 2025
Citizen Ballot Protection Act
IN COMMITTEE

This bill amends the National Voter Registration Act to allow states to require proof of U.S. citizenship after federal elections for mail voter registration forms.

Katie Britt
R

Katie Britt

Senator

AL

LEGISLATION

Citizen Ballot Protection Act Allows States to Demand Proof of Citizenship After You've Already Voted

This bill, the Citizen Ballot Protection Act, takes a swing at the National Voter Registration Act of 1993, making one small administrative change and one potentially huge change to how states can verify who votes. The minor tweak updates a reference on the mail-in registration form from the Federal Election Commission (FEC) to the Election Assistance Commission (EAC)—a simple administrative cleanup. The real action, however, is the new power it hands to states.

The Catch-22 of Post-Election Proof

Under this proposal, states may now require a voter to provide proof of United States citizenship after they have already cast their ballot in a federal election. This is in addition to the existing checks and balances already built into the system. Think about that for a second: You register, you vote, and then, potentially, the state demands you produce your birth certificate or naturalization papers. If you can’t, or don’t, comply with this new post-election demand, what happens to your vote? The bill doesn't spell out the process, but the implication is clear: this could invalidate the ballot of an otherwise eligible voter.

Who Feels the Pinch?

This new power creates a significant administrative hurdle for voters and election officials alike. For the average person who registered via mail, this means a potential new layer of paperwork and follow-up. For example, if you recently moved, registered by mail, and cast your vote, you might suddenly face a deadline to dig up and submit documentation that you didn't need to show when you initially registered. This requirement could disproportionately affect people who don't have immediate access to these documents—maybe they were lost in a move, or they are just hard to retrieve quickly, like older naturalized citizens or those who rely on public transportation to get to a government office.

The State Discretion Wildcard

The biggest challenge here is the bill’s vagueness. It simply says a state may require this proof, leaving all the implementation details—what documents count, the deadline for submission, and the exact penalty for non-compliance—to the state’s discretion. This means the process could vary wildly. One state might make it simple, while another could create a highly restrictive and burdensome process. This broad, discretionary power could be used to create a chilling effect, making the act of registering and voting via mail a riskier proposition for eligible citizens who might struggle to meet a retroactive documentation demand.