Florida Citizenship Requirement Challenge (Democracy Defenders)
Black Voters Matter Fund et al v. Byrd et al
A pro-voting lawsuit challenging a Florida law requiring documentary proof of citizenship to register or remain eligible to vote.
Background
Pro-voting organizations filed a lawsuit against Florida officials in federal court over Florida’s SAVE act, which would require voters to provide documentary proof of citizenship (DPOC) or not be granted the right to register. The SAVE Act, Florida H.B. 991, conditions voter registration on “the State’s ability to independently verify citizenship through government records.” The lawsuit challenges H.B. 991 on six grounds: (1) the requirement of DPOC in the course of registration, (2) denying or delaying the registration of eligible applicants who submit voter registration applications are able to be processed in a timely manner, (3) the state’s failure to verify citizenship could lead to already registered voters being wrongfully removed from the voter registration list, (4) the law could make voters subject to different standards of review based off of their characteristics, (5) the law does not specify the 90 day no removal period from registration as mandated by federal law, and (6) this violates due process of law. Plaintiffs argue that these provisions violate the National Voter Registration Act (NVRA) and the U.S. Constitution. The plaintiffs are seeking an order blocking Florida from implementing H.B. 991.
Why it Matters
Imposing proof of citizenship requirements on voters disenfranchises voters—particularly minority, low-income, young, elderly, and naturalized citizens—who have a harder time gaining access to documentation. If implemented, this law could disenfranchise many future and current voters. For example, Kansas’s 2011 law and New Hampshire’s 2024 law requiring DPOC prevented large numbers of new registrants from registering to vote. Since Florida’s law looks to affect new voters in addition to old voter roles, this could disenfranchise even more voters than previous DPOC laws have.
Latest Updates
- Sept. 1, 2026: Plaintiffs filed their complaint.