Press Release: Ohio Court Ruling Creates New Risks for Voter Registration Processes

For Immediate Release:
September 1, 2026

Contact:
dan@responsivegov.org

CHICAGO – A federal court in Ohio last week ruled that the Bureau of Motor Vehicles (BMV) must process a voter registration for any driver’s license applicant who indicates they are a U.S. citizen, even if the document they later present during their BMV transaction affirmatively demonstrates they are not a U.S. citizen. While ostensibly a pro-voter decision, this opinion unfortunately ignores the reality on the ground.

Under Ohio law, anyone getting a driver’s license or ID card at the Ohio BMV must prove legal presence in the United States. This means that individuals are presenting one of two types of ID – an ID that shows they are a citizen, or an ID that shows they are a non-citizen.

In light of this system, Ohio’s process for registering voters at the BMV makes sense. It prevents individuals who present affirmative proof of non-citizenship – like a green card – from being registered to vote. That protects the integrity of Ohio’s voter rolls while also preventing non-citizens from making paperwork errors that can lead to severe legal consequences. And it does so without disenfranchising any eligible voter.

The National Voter Registration Act (NVRA) clearly contemplates filtering out people who present proof of non-citizenship from voter registration opportunities. In fact, the United States Supreme Court has stated that the NVRA “does not preclude States from denying registration based on information in their possession establishing the applicant’s ineligibility.” This is precisely what Ohio is doing. Ohio’s system does not require any additional information beyond what the BMV already requires to complete the license transaction – instead, Ohio simply utilizes the best information already available to it (i.e., the ID presented by the individual) to establish ineligibility for voter registration.

This decision–if it stands–is likely to have significant, unintended consequences for voters, immigrants, and secure election administration.

To speak with a Responsive Gov expert about this matter, please contact dan@responsivegov.org.