Elections Committee advances automatic voter registration bill after debate over citizenship verification
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Summary
Senate Bill S.88, which expands automatic voter registration tied to DMV and Medicaid transactions, was advanced from committee after debate over whether the bill would require applicants to demonstrate they are not U.S. citizens to avoid registration; counsel said the opt‑out remains and agencies were being given clarification.
Senator Christine Gonzalez, chair of the Senate Elections Committee, said the committee moved and reported Senate Bill S.88 to the finance committee on Feb. 26, 2026, after extended discussion over how the bill treats citizenship verification during Department of Motor Vehicles (DMV) transactions.
S.88, introduced by Senator Gennares, would amend the election law to expand automatic voter registration and preregistration opportunities linked to certain DMV and Medicaid transactions. During committee discussion, Senator Walzick raised concerns that, as written, the bill could require DMV applicants who do not check the non‑citizen box to “demonstrate that they are not a United States citizen” or else be registered to vote.
"This bill requires that somebody has to prove — has to demonstrate that they are not a citizen or they will be registered to vote," Senator Walzick said, questioning how an applicant would prove that negative to the DMV.
Chair Gonzalez responded that the bill preserves an opt‑out and that the DMV already verifies citizenship through multiple documents for some transactions. "If the DMV cannot verify that someone is a citizen, then the process to register to vote is ending — they are not sending that information to the board of elections," Gonzalez said, noting the bill contains language to prompt applicants about potential penalties for non‑citizen registration.
Committee counsel added that the amendment did not eliminate the opt‑out and that the provision aims to clarify agency duties: "When we made this amendment to the bill, we did not strike the language that permits an opt out. ... If you see that this person is not a citizen, you can't pass this information along to the State Board of Elections (SBOE)," counsel said.
The exchange drew repeated questions about operational details: whether a checkbox on DMV forms would remain, what documentation would be accepted, and how Board of Elections screening would interact with DMV flows. Chair Gonzalez and counsel said the bill's language and existing processes would leave the opt‑out in place while clarifying the agencies' responsibilities.
The bill also includes language noting criminal penalties and possible removal proceedings for non‑citizens who register or preregister, which the chair cited as a notice to applicants about legal consequences. Senators asked for technical clarifications and said they would relay substantive questions to the bill sponsor, Senator Gennares.
After discussion and a motion to move the bill (motion seconded and supported by members), the committee reported S.88 to the finance committee with two recorded oppositions. The bill will next be considered in the Senate finance committee.
Provenance: topicintro SEG 028, topfinish SEG 320.