Colorado Springs – The state should make it mandatory for people to show proof of citizenship when registering to vote, El Paso County Clerk and Recorder Bob Balink told county commissioners Thursday.
While citizenship is required by federal law, Balink said he has no way to verify whether a person is a citizen. He thinks a birth certificate, passport, naturalization papers or a certified copy of a birth certificate should be shown when registering.
In Colorado, people are asked to affirm their citizenship during the registration process but are not required to show proof.
Balink testified during a special session last week in favor of a bill that would have required proof, but the measure failed.
Now, Balink wants Coloradans to encourage the legislature to take up the issue again or encourage the secretary of state to amend election rules.
Balink said he is hesitant to make proof mandatory in El Paso County because the county would be sued and county taxpayers would have to shoulder the cost of legal bills.
“I’m trying to get an intellectual discussion going,” Balink said. “I am here to enforce the law, and when it says specifically that the clerk and recorder must register eligible electors, and that’s defined as a citizen, I think self-affirmation is not enough.”
Last month, a federal judge upheld an Arizona law requiring proof of citizenship to register, while a federal judge in Georgia this week blocked enforcement of a law that required a photo ID be presented in order to vote. In New Hampshire, proof of citizenship is required to register.
Mark Silverstein, legal director for the American Civil Liberties Union, said he doesn’t believe there is a problem with non-citizens registering to vote.
“They already have to sign an oath to vote and they would be committing perjury if they voted,” Silverstein said. “It’s hard for me to believe that there is any significant number of non-citizens that are so interested in voting that they would take such a risk of a felony prosecution.”
He said requiring eligible voters to provide documents could be a burden for some voters.
“Many people don’t have the documents that prove they are citizens, yet they have been voting for years,” he added. “Some people might find that if they tried to go get their birth certificate at their hometown county courthouse, that it might have burned down 50 years ago.”
Balink said that exceptions could be made for those who have a financial hardship to get copies of a birth certificate.
“I absolutely don’t want to deny anyone the right to vote who is eligible,” Balink said.
Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.
