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Truth be Told: Why voting by non-U.S. citizens is not a 'serious problem'

We fact-check a claim made by House Speaker Mike Johnson that voters not having proof of U.S. citizenship is a "serious problem."
Voters stand in partitioned booths to fill out their ballots.
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The U.S. House of Representatives debated this week whether to tuck a provision into a funding bill that would require proof of U.S. citizenship when registering to vote.

Scripps News is fact-checking a claim made by House Speaker Mike Johnson explaining his support for the idea.

"Right now, we have no mechanism for the states to require proof of citizenship before they register to vote," Johnson said. "That is a serious problem."

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It is against the law to vote in federal elections if you're not a U.S. citizen.

And since 1993, voter registration forms have made applicants self-affirm their U.S. citizenship, under penalty of perjury.

But Johnson is right that federal law does not require voters to prove that they're Americans.

There's long been concern that such a rule could snag millions of eligible voters who do not have easy access to documents they would need to show, said Sean Morales-Doyle, director of the voting rights program at the nonpartisan Brennan Center for Justice.

"There are a lot of citizens in this country that don't have a passport and don't have a birth certificate handy," Morales-Doyle said.

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But what about Johnson saying that not requiring proof of citizenship is a "serious problem?" Not so, according to a Brennan Center survey that found out of more than 23 million votes examined in the 2016 election, only 30 incidents of suspected noncitizen voting.

"There is zero evidence that this is a problem impacting the outcome of any election," Morales-Doyle said.

Truth be told, Johnson's claim that not requiring proof of U.S. citizenship is a "serious problem" is mostly false.

While even a handful of illegal votes could swing a razor-close race, there is no evidence of foreigners voting illegally in large enough numbers to threaten election integrity.

There are also strict penalties to discourage non-U.S. Citizens from voting, including fines, prison time and deportation.