registers to vote and who is eligible to do so. Federal requirements, on the other hand, generally have focused on specific federal interests, such as protecting the integrity of the federal elective process and the exercise of fundamental rights to which constitutional protection has been expressly granted.32 Federal laws do, however, have quite a bit to say about citizenship and voting. Specifically, in 1993 the federal role in the election process expanded significantly with the enactment of the NVRA. This legislation required, among other things, that forms used to register persons to vote in federal elections clearly state “each eligibility requirement (including citizenship)” and that persons registering to vote in federal elections affirm that they meet “each eligibility requirement (including citizenship).” 52 U.S.C. §§ 20504(c)(2)(C), 20506(a)(6)(A)(i), 20508(b)(2). Nine years later, Congress passed the Help America Vote Act of 2002, which reemphasized these requirements in the case of voters who register to vote via mail by requiring the states to place a citizenship question on mailed registration forms. 52 U.S.C. § 21083(b)(4)(A)(i). In addition to these federal requirements relating to voter registration, registering to vote and voting by non-citizens may be prosecuted under four separate federal criminal laws: (a) Fraudulent registration and voting: 52 U.S.C. § 20511(2) As already discussed, the NVRA enacted a criminal statute that reaches the knowing and willful submission to election authorities of false information that is material under state law. 52 U.S.C. § 20511(2). Because all states currently make citizenship a prerequisite for voting, statements by prospective voters concerning 32 For example, the states are prohibited from depriving “citizens of the United States” of the franchise on account of any of the following factors: race (amend. XV), gender (amend. XIX), non-payment of poll tax (amend. XXIV), age of 18 or older (amend. XXVI; 52 U.S.C. § 10701), residency after 30 days (52 U.S.C. § 10502), or overseas residence (52 U.S.C. § 20302). 61

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