Election Official May Not Require A Voter To Provide Proof Of Citizenship

North Dakota Attorney General

Request: Must an election official take an individual voter at his or her word or may the election official require the voter to present proof of citizenship if the voter’s identification indicates the individual is not a U.S. citizen?

Conclusion: The statutory identification requirements only allow for verification of an elector’s name, age, and residence.  They do not speak to citizenship or to a method of proving citizenship.  Without a clear statutory requirement by the legislature to prove citizenship or a constitutionally permissible method by which to prove it, an election official has no authority to request proof of citizenship.  If an individual states he or she is a United States citizen, the election official must take the individual at his or her word.

This opinion may be viewed at: 2022-L-05

North Dakota Attorney General

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