COLUMBUS, Ohio — Ohioans must now prove their citizenship to register or update their voter profile at the BMV. A federal appeals court has allowed the previously paused law to go into effect days before the voter registration deadline.
In a 2-1 decision, the Sixth Circuit Court of Appeals decided that Ohio's citizenship check can proceed as litigation continues.
Red Wine & Blue and the Ohio Alliance for Retired Americans filed suit in 2025 against House Bill 54, which requires individuals wanting to register to vote at the BMV to provide proof that they are U.S. citizens.
RELATED: Ohio advocates file lawsuit against new BMV proof of citizenship requirement to register to vote
Ohioans have until Oct. 5 to register to vote before the midterms. Jen Miller with the League of Women Voters of Ohio said the judges just made registration more difficult.
"Our biggest concern is that once someone has proved their citizenship once, we don't want them to have to prove it over and over again," Miller said. "We don't want to have a lot of hoops for folks to jump through."
Case Western Reserve University elections law professor Atiba Ellis said the court still needs to evaluate whether the law violates the National Voter Registration Act (NVRA).
"The goal of the NVRA was to make sure that states would not only affirmatively offer the ability to register, but it also was meant for states to not create overly burdensome burdens around registration," Ellis said.
Supporters of the law, like President Donald Trump, say that this is common sense.
"All voters must provide proof of citizenship. Are you a citizen of our country, please?" Trump said in a speech this summer. "These reforms are urgently needed to stop the vulnerabilities."
RELATED: Ohio election officials warn against Trump’s mail-in ballot changes
Sec. of State Frank LaRose is cheering the ruling, despite a dozen of his own audits showing there is no evidence of widespread voter fraud or noncitizens voting. Ohio’s laws are why the state is the gold standard of elections, he has said.
"They're all secure, they're all convenient," LaRose told us last week. "You just need to make your plan, do your research, and make your voice heard."
Advocates say this could create roadblocks for Ohioans who may not know to bring these documents or who can’t afford to pay for additional citizenship proof.
"When we keep layering requirements or confusion, it can be compounding to the point that it's hard for that person to have their voice heard," Miller said.
We are waiting to hear back from the BMV to see if they are implementing the policy yet.
Proving your citizenship
Bring a state driver’s license issued after April 7, 2023, your birth certificate, a US passport or naturalization documents in order to prove your citizenship.
However, you do not need to prove citizenship if you register anywhere besides the BMV or online.
CLICK HERE to check your registration status.
Follow Statehouse and Columbus bureau reporter Morgan Trau on X, Instagram and Facebook. Email her at Morgan.Trau@wews.com.