The ACLU, along with several partner organizations, is opposing a request to the U.S. Election Assistance Commission from the America First Legal Foundation (AFL) for a new rulemaking to consider changing the federal voter registration form to add a requirement for documentary proof of citizenship.   The federal voter registration form was created by the National Voter Registration Act (NVRA), and under federal law almost all states in the country have to accept it as a form of mail voter registration. As intended by the NVRA, the form is a one page, streamlined application that an individual can complete and mail-in without providing any additional documentation. If the rules about the federal form are changed so that additional documentation is required, it is likely that many states would also change their own state voter registration forms to require documentary proof of citizenship.   This change would potentially disenfranchise millions of eligible U.S. citizens.

Representing itself and two journalists from Lawfare, the American Civil Liberties Union brought a lawsuit to enforce Freedom of Information Act (FOIA) requests made to the Social Security Administration and U.S. Citizenship and Immigration Services regarding changes made to the SAVE program, which has been touted as being used by states in order to remove voters from the registration rolls. While the government made public statements about the SAVE program being updated, the details of those changes, such as the particular programs and databases that have been altered, the ways they have been altered, and the nature and extent of any use and sharing of individuals’ personal information by the federal agencies entrusted with that information, have all been kept secret.