If the DMV issues driver’s licenses to non-citizens, how does the State verify those licenses are not valid for voting? DMV registration skips the question if they are non-citizens, but what happens if they register in the office after receiving the driver’s license?
There is no state law process to verify that a NCDL number is associated with a non-citizen when processing that information for voter registration—the verification in the law is to confirm a person’s identity. The law requires that applicants attest to being a citizen, under penalty of perjury.
In terms of when a driver’s license is presented as a photo ID, the photo ID law does not include a citizenship-checking component. The purpose of the photo ID law, as written in the statute itself, is “to confirm the person presenting to vote is the registered voter on the voter registration records.” In other words, it is to confirm the voter’s identity. Lots of different IDs that are authorized for voting may be issued to noncitizens with legal status, including military and veterans cards, student and public employee ID cards, and out-of-state driver’s licenses for new voters. It is not the photo ID that determines your eligibility to vote; that has been determined when the person registered. The ID is to confirm that you are the person who has registered. Other provisions of our law require that voters attest to their eligibility to vote (eg, by signing the VTD) once the check in official determines they are a registered voter and have satisfied the photo ID requirement.
If an SSN can be issued to non-citizens, how does the State verify those that are ineligible for voting purposes?
There is not a requirement or procedure in state law to verify whether a SSN is associated with a citizen or non-citizen when processing a registration form, and we are not aware of any way to plug in an SSN to any state or federal database to make that determination. The state and federal law requirement is for applicants to attest to being a citizen, under penalty of perjury. And voters are warned of the consequences for voting illegally. As with the NCDL, the verification in the law if they include a SSN is to confirm a person’s identity.
Summer P Heatherly, Director
Henderson County Board of Elections
828-697-4970
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