Summary#
This bill would make a new rule in federal highway law. It would let the Secretary of Transportation withhold part of a State’s apportioned surface transportation funds unless the State has certain laws requiring documentary proof of U.S. citizenship for voter registration in Federal elections. The withholding starts after fiscal year 2026 and grows each year until the State meets the rules.
- Main change: If a State does not pass and enforce specified proof-of-citizenship and verification laws for Federal-election registration, the Secretary must withhold 10% of that State’s apportioned surface transportation funds the first year, plus an extra 5% each year after until the State complies.
- Required state laws: The bill lists specific kinds of documents that must be accepted as proof of U.S. citizenship (for example, REAL ID showing citizenship, U.S. passport, certain birth certificates, naturalization certificate, etc.).
- Other requirements: States must set up an alternative process for people who cannot meet the document list, run programs to identify noncitizens on voter rolls, require in-person presentation of documents for mail registrants by a deadline, remove noncitizens from voter lists, allow private lawsuits against officials who register people without required proof, and create criminal penalties for registering someone who failed to present proof.
- Timing: The withholding rule applies to fiscal years that begin after fiscal year 2026.
What it means for you#
- States and state governments: States would need to pass and enforce new laws meeting the bill’s document lists and verification processes or face staged cuts to federal surface transportation funding.
- Election officials and local election offices: They would have to check documentary proof of citizenship for new registrants, run or participate in programs to find noncitizens, process alternative proof routes, handle in-person verification for mail registrants, and face possible private lawsuits or criminal penalties if they register someone who lacks the required proof.
- People trying to register to vote: New registrants would generally have to present one of the specified documents showing U.S. citizenship. People who apply by mail would have to present proof in person to an election office by the State deadline. Those without standard documents could use an alternative process, but the bill does not detail how that would work.
- Individuals without standard documents: People born abroad, people with lost or hard-to-get vital records, some elderly people, recent adoptees, and others who lack the specified documents could face extra steps or delays to register.
- Courts and private parties: The bill allows private lawsuits against election officials who register applicants without the documentary proof required by the State law. This could increase legal filings related to voter registration.
- Transportation projects and the public who use them: If a State does not comply, some federal highway and surface-transportation money would be withheld. That could slow or reduce road, bridge, and transit projects funded through those apportioned dollars.
Expenses#
No public fiscal estimate or budget note is included in the bill text or the provided material.
- The bill would reduce the federal surface transportation funds that a noncompliant State receives (starting at 10% withheld, then +5% per year until compliance). The total dollar impact would depend on each State’s annual apportionment.
- States and local election offices would likely face compliance costs to set up document-checking systems, alternative proof processes, programs to identify noncitizens on rolls, staff training, and legal defense against private lawsuits.
- Withheld federal transportation funds could delay or reduce spending on roads, bridges, and transit in affected States. The bill does not estimate these costs or savings.
- Legal and enforcement costs could rise because of the private right of action and the criminal penalties requirement.
Proponents' View#
The bill text suggests the following goals and rationales:
- The bill appears intended to ensure that only U.S. citizens are registered to vote in Federal elections by requiring documentary proof of citizenship.
- Making federal transportation funding contingent on these laws is intended to create a strong incentive for States to adopt and enforce the listed verification rules.
- Requiring removal of noncitizens and ongoing identification programs would be seen as improving the accuracy of voter rolls.
- Allowing private lawsuits and criminal penalties could be seen as ways to enforce compliance and deter improper registrations.
Opponents' View#
Based on what the bill requires, reasonable concerns and trade-offs include:
- One concern is that withholding transportation funds could harm infrastructure projects and people who rely on roads and transit, even though those people are unrelated to election rules.
- The bill does not clearly explain how the alternative process for people without the listed documents would work. That raises questions about access for eligible voters who lack paperwork.
- Requiring in-person proof for mail registrants may create a barrier for people who cannot easily travel to election offices, such as people with limited mobility, work constraints, or living in remote areas.
- The private right of action could lead to many lawsuits against election officials, increasing legal costs and administrative burdens for election offices.
- Criminal penalties for registering someone who lacks documentary proof could deter election workers and volunteers from assisting registrants, for fear of prosecution.
- The bill requires States to run programs to identify noncitizens on voter lists but does not set standards for accuracy or protection against wrongful removals, which may raise concerns about mistaken de-registration of eligible voters.
- The bill gives no fiscal estimate, so the size of the funding cuts and the resulting impact on transportation programs are unclear.