6th Circuit Greenlights Ohio’s Proof-Of-Citizenship Law For Midterms; Circuit Court Allows Ohio BMV to Require Proof of Citizenship for Voter Registration

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6th Circuit Greenlights Ohio’s Proof-Of-Citizenship Law For Midterms:

A federal appellate court ruled on Wednesday that Ohio can enforce its law requiring proof-of-citizenship to vote in the midterm elections.

In a 2-1 decision, the 6th Circuit Court of Appeals paused a preliminary injunction issued by Ohio-based Senior District Judge Solomon Oliver Jr. last month. The Obama appointee’s order sought to block the Buckeye State from enforcing its statutory requirement that individuals provide documentary proof-of-citizenship when registering to vote.

As described by Courthouse News, Oliver argued that the contested provision is “preempted by the National Voter Registration Act and increases the likelihood that U.S. citizens fail to register for elections.” The injunction also suspended “the requirement for documentation ahead of the Oct. 5 registration deadline for the midterm election.”

After initial review, 6th Circuit Judges John Nalbandian and Whitney Hermandorfer, both Trump appointees, determined that the four factors used to decide whether to stay Oliver’s order all favor Ohio. Such factors include the likelihood that Ohio “will defeat the injunction,” the “irreparable harm” Ohio will suffer if the injunction is allowed to remain in place, “the prospect of harm to others,” and “the public interest.”

“At this juncture, Ohio appears primed to succeed in vacating the injunction on threshold grounds. Because those grounds are sufficient to warrant entry of a stay, we need not address the merits of the district court’s NVRA analysis,” the majority ruled.

Nalbandian and Hermandorfer went on to note that Oliver likely lacked jurisdiction to enter a preliminary injunction and that the left-wing challengers likely lacked standing to bring their suit. The judges also determined that the challengers’ lawsuit suffers from a “problem of mootness” because they have already “obtained Ohio drivees licenses and registered to vote.”

The majority furthermore raised concerns that Oliver’s injunction “appears to run afoul” of the Purcell principle, a judicial doctrine that says federal courts should avoid changing state election rules on the eve of an election. “Recent Purcell precedents,” the court ruled, “cut in favor of a stay.” --->READ MORE HERE

Photo by Jim Neuger/ Maine Morning Star

Circuit court allows Ohio BMV to require proof of citizenship for voter registration:

Ohio officials can continue using a new proof of citizenship requirement for people who register to vote at the Bureau of Motor Vehicles. In a divided ruling, The Sixth Circuit Court of Appeals lifted a lower court order on Wednesday.

It comes less than two weeks before Ohio’s voter registration deadline.

The case

Under 2025’s Ohio House Bill 54, BMV clerks offer clients the opportunity register to vote, but only after completing a driver’s license application which requires documentary proof of citizenship.

Two civic organizations, The Ohio Alliance for Retired Americans and Red Wine & Blue, challenged those provisions.

The National Voter Registration Act, commonly known as the motor voter law, requires vehicle registration agencies to offer the opportunity to register when someone submits a driver’s license application. It also directs states to require the “only the minimum amount of information necessary.”

Voter registration forms — including those available at many other public agencies around Ohio — have no proof of citizenship requirement. Instead, applicants declare under penalty of perjury that they are eligible to vote.

Red Wine & Blue and the Ohio Alliance for Retired Americans argued the BMV conditioning access to voter registration services on proof of citizenship violates the minimum information standard.

The groups presented two members who were initially barred from registering, both women, whose documents didn’t reflect their name change after marriage.

In one case, Margaret Dutcher showed up with a valid U.S. Passport — documentary proof of her citizenship — but was still unable to register because she did not have all the documents necessary to get a license. --->READ MORE HERE

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