Federal Court Blocks Ohio’s Driver’s License Voter Registration Citizenship Requirement Ahead of November Elections

A federal judge has temporarily blocked Ohio from requiring residents to provide documentary proof of U.S. citizenship when registering to vote at Bureau of Motor Vehicles offices, finding the requirement likely conflicts with federal law.

U.S. District Judge Solomon Oliver Jr. on Tuesday granted a preliminary injunction against the provision, which was included in a transportation budget signed by Republican Governor Mike DeWine in March 2025.

The rule requires applicants registering through the motor vehicle agency to provide documents such as a passport or birth certificate—a requirement that does not apply to Ohioans who register through other methods.

“The record shows, and Defendants acknowledge, that signed attestation to U.S. citizenship is ‘the minimum amount of information necessary,’ to enable Ohio’s election officials to assess voter eligibility and administer other parts of the election process,” Oliver wrote in his ruling.

Oliver, an appointee of former President Bill Clinton, found the requirement likely violates the National Voter Registration Act—the 1993 federal “motor voter” law designed to facilitate voter registration through motor vehicle agencies.

The judge also determined that Ohio could not limit the opportunity to register to applicants who successfully obtain a driver’s license rather than offering it to those who apply.

“To interpret this section of the NVRA otherwise would allow States to make registering to vote at the BMV more onerous, and could result in fewer voter registrations because the opportunity to apply was not proactively offered to otherwise eligible citizens,” Oliver wrote.

The lawsuit was brought by Red Wine & Blue and the Ohio Alliance for Retired Americans, represented by Elias Law Group. The groups argued that Ohio’s documentary requirement was preempted by federal law.

Ohio Secretary of State Frank LaRose, a Republican, stated the state would immediately appeal the decision. “Under this order, the Bureau of Motor Vehicles would be required to offer a voter registration form to a person who’s applying for a driver’s license, even if that person can’t verify they’re a citizen,” LaRose said in a statement.

“We strongly disagree with that decision, and I’ve asked our legal team to file an immediate appeal. I will vigorously defend our legal authority to safeguard our voter rolls and protect the integrity of Ohio’s elections,” LaRose added.

LaRose pointed to a Franklin County case from 2018 involving a lawful permanent resident who voted after a motor vehicle agency clerk allegedly led her to believe she could register. The woman acknowledged knowing she was not a citizen but was found not guilty on the basis of entrapment.

“The Franklin County case proves it’s not enough to just have a person’s attestation,” LaRose said. “Ohio has a constitutional requirement to ensure that only U.S. citizens are voting in our elections.”

The Ohio case comes amid growing Republican efforts at state and federal levels for documentary proof-of-citizenship requirements for voter registration. Noncitizens are already prohibited from voting in federal elections, and documented instances of noncitizen voting are rare. Courts have recently considered similar citizenship-documentation requirements in other states.

The injunction arrives shortly before Ohio’s October 5 voter-registration deadline for the November 3 midterm elections. The requirement remains blocked while the litigation proceeds unless a higher court intervenes.

“With the registration deadline just weeks away, eligible Ohioans will now have the opportunity to register to vote at the BMV without having to produce unnecessary paperwork that is not required by federal law,” Ben Stafford, a partner at Elias Law Group representing the plaintiffs, stated in a prepared message.