Trump has made
false statements about noncitizen voters since his 2016 campaign, relying on faulty evidence. He’s revived the talking point in the weeks since the Nov. 3 election, which he lost to Democratic President-elect Joe Biden.
In this case, he has a point that the federal form that registers someone to vote doesn’t require documentation to show proof of citizenship. But Trump left out the efforts by many states to cross-check their records with available data to avoid this problem.
Lofty penalties for lying
People who wish to register to vote must attest under penalty of perjury that they are citizens and eligible to vote, according to
federal law.
Both the
federal registration form and
state versions warn that making false statements is a crime and that noncitizens should not fill out the form.
The consequences for noncitizens registering or voting include deportation, incarceration or fines. Noncitizens risk that a government official will check their voting record during a background check if they apply for naturalization.
"So anyone who’s not a citizen, and lies, is setting themselves up not only for future prosecution, but tanking their ability to become a citizen some day," said Loyola Law School professor Justin Levitt.
In an Arizona voting case, the
U.S. Supreme Court ruled in 2013 that states are obligated to permit registration for federal elections using the
federal form, which does not require documentary proof of citizenship. States may have their own form, but they must be willing to accept the federal form. Trump’s spokesperson didn’t respond to our request for evidence, but he specified "federal elections" in his statement.
Databases and driver’s licenses: How states limit noncitizen voting
It’s not apparent from Trump’s claim, but many states have tried various means of confirming the citizenship status of voters. These methods have not been foolproof and have led to some errors and legal fights.
Some states have permission to use a federal resource of data, called the Systematic Alien Verification for Entitlements, or
SAVE, for the purposes of verifying that voter registration applicants are citizens. Implemented in 1987 and administered by U.S. Citizenship and Immigration Services, SAVE was originally intended to verify eligibility for government benefits, such as Medicaid.
SAVE , is not a database of people who are U.S. citizens, but it will show a person’s immigration or citizenship status.