Kansas once enacted a law requiring proof of citizenship for voter registration, but the initiative backfired spectacularly, disenfranchising thousands of eligible voters and drawing national attention. Today, as Republicans push for similar laws nationwide, Kansas stands as a cautionary tale.
The Origins of Kansas’ Proof-of-Citizenship Law
In 2011, Kansas passed a law mandating proof of U.S. citizenship for voter registration. Implemented in 2013, the law aimed to prevent illegal voting but instead blocked over 31,000 eligible U.S. citizens—12% of first-time registrants—from voting.
Federal courts ultimately declared the law unconstitutional in 2018, citing it as an undue burden on voting rights. Since then, Kansas has not enforced the requirement.
The Fallout: Disenfranchising Eligible Voters
Critics of the law, like Steven Fish, a Kansas warehouse worker and plaintiff in a lawsuit against the state, highlighted its disproportionate impact. Fish was unable to register due to difficulties obtaining an original birth certificate.
Fish’s story was far from unique. By 2013, 57% of those blocked were unaffiliated voters, and 40% were under 30. Even veterans born in the U.S. faced obstacles.
“There wasn’t a single one of us that was actually an illegal or misrepresented any information,” Fish said.
Federal Courts Reject Kansas’ Approach
The courts found scant evidence of noncitizens voting in Kansas. Between 1999 and 2012, the state identified only 39 instances—an average of three per year. This evidence, they ruled, didn’t justify the law’s sweeping disenfranchisement of eligible voters.
Despite the legal defeat, Kris Kobach, Kansas’ former secretary of state and architect of the law, remains an advocate. He argues that technological advancements could make implementing similar laws more feasible in the future.
National Implications and Renewed Efforts
Kansas’ experience has done little to deter other states from pursuing proof-of-citizenship laws. In 2023, Arizona enacted a similar requirement for state and local elections, and the GOP-led U.S. House passed related legislation.
Yet voting rights advocates warn that such measures disproportionately affect marginalized groups, including the young, unaffiliated, and those lacking easy access to documents like birth certificates or passports.
Voting Rights Advocates Push Back
Legal experts, like Mark Johnson, who challenged Kansas’ law, believe future attempts to implement proof-of-citizenship requirements will face significant legal hurdles.
“We’ve got the template for a successful court fight,” Johnson said, predicting a wave of litigation against similar laws.
