U.S. District Judge Solomon Oliver Jr. has temporarily halted Ohio’s requirement that voters provide documentary proof of U.S. citizenship when registering to vote at Bureau of Motor Vehicles offices, ruling the measure likely conflicts with federal law.
The injunction, granted by Judge Oliver on Tuesday, blocks a provision in a transportation budget signed by Republican Governor Mike DeWine in March 2025. This rule mandates that applicants using motor vehicle agencies for voter registration submit documents such as passports or birth certificates—a requirement not applied to those registering through other methods.
In his ruling, Judge Oliver noted that “signed attestation to U.S. citizenship is ‘the minimum amount of information necessary’” for election officials to verify eligibility and manage the voting process. He found the state’s requirement likely violates the National Voter Registration Act (NVRA), a 1993 federal law designed to streamline voter registration through motor vehicle agencies.
The judge also determined Ohio cannot restrict voter registration opportunities to applicants who already hold driver’s licenses, stating such limitations would make BMV-based registration “more onerous” and could lead to fewer registered voters.
The lawsuit was filed by Red Wine & Blue and the Ohio Alliance for Retired Americans, represented by Elias Law Group. The groups argued that Ohio’s documentary requirement is preempted by federal law.
Ohio Secretary of State Frank LaRose, a Republican, stated the state would immediately appeal the decision. “Under this order, the Bureau of Motor Vehicles would be required to offer a voter registration form to a person who’s applying for a driver’s license, even if that person can’t verify they’re a citizen,” LaRose said in a statement. He emphasized Ohio has a constitutional duty to ensure only U.S. citizens vote.
LaRose referenced a 2018 Franklin County case involving a lawful permanent resident who voted after being misled by a motor vehicle agency clerk into believing she could register. The woman admitted she was not a citizen but was found not guilty due to entrapment. “The Franklin County case proves it’s not enough to just have a person’s attestation,” LaRose added.
The Ohio case occurs amid growing Republican efforts at both state and federal levels to implement documentary proof-of-citizenship requirements for voter registration. Noncitizens are prohibited from voting in federal elections, and documented cases of noncitizen voting are rare. Courts have recently examined similar requirements in other states.
The injunction remains in effect until a higher court intervenes, as it arrives weeks before Ohio’s October 5 voter registration deadline for the November 3 midterm elections. Ben Stafford, a partner at Elias Law Group representing the plaintiffs, noted that “eligible Ohioans will now have the opportunity to register to vote at the BMV without having to produce unnecessary paperwork that is not required by federal law.”
