Four Indiana nonpartisan voting rights organizations filed a lawsuit against the state Tuesday for two new Indiana election proof of citizenship laws arguing that recently naturalized Hoosiers have been “needlessly harmed” by the unnecessary provisions.
The League of Women Voters of Indiana, Common Cause Indiana, Hoosier Asian American Power, and Exodus Refugee Immigration sued Secretary of State Diego Morales, and Indiana Election Division co-directors J. Bradley King and Angela Nussmeyer for House Enrolled Act 1264 and House Enrolled Act 1680.
Nussmeyer said she can’t comment on pending litigation. King and Morales did not respond to requests for comment.
Since July 1, the state has enforced the two laws, which “rely on stale, error-ridden data and demand that only certain U.S. citizens produce documentary proof of citizenship to register or to remain registered to vote,” according to the lawsuit.
“These laws put Indiana voters at risk, particularly our neighbors and members who have worked hard to become US citizens and voters,” Linda Hanson, president of the League of Women Voters of Indiana, said in a statement. “Every Hoosier deserves an election system that treats all eligible voters fairly. The League of Women Voters of Indiana is committed to blocking unnecessary barriers that attempt to disenfranchise certain voters in our communities.”
House Enrolled Act 1264, which was passed in the 2024 legislative session, was an election security bill that addressed, in part, that certain voters have to prove citizenship through a birth certificate, United States passport, United States naturalization documents, and then have their citizenship checked with the Bureau of Motor Vehicles’ list of temporary credentials.
Under HEA 1264, if “evidence exists that a registered voter is not a citizen,” there is a procedure for notification and appeal.
The Indiana Election Division officials crosscheck voter registration with the BMV database to identify people who were issued temporary identification, like driver’s licenses, according to the lawsuit. Temporary driver’s licenses are issued to some people who are noncitizens and lawfully in the country, according to the lawsuit.
Under the cross-checking requirement, all registered voters identified for having a temporary driver’s license must provide documentary proof of citizenship upon receiving a notice from their county registration office or else they will be removed from the voter rolls, according to the lawsuit.
Federal and state laws do not require Hoosiers who had a temporary driver’s license as noncitizens, who then became U.S. citizens, to update their credentials based on their citizenship status, according to the lawsuit. Their license remains valid through the expiration date, and many residents become U.S. citizens before their temporary license expires, according to the lawsuit.
“The BMV data regarding individuals who have a temporary credential, a form of identification obtained in the past when the individuals were noncitizens, are not an accurate or reliable way to identify Indiana residents who currently may be noncitizens,” according to the lawsuit.
House Enrolled Act 1680, which passed in the 2025 legislative session, covered various elections matters and, in part, challenged the documentary proof of citizenship provisions, according to the lawsuit.
The documentary proof of citizenship is never required of people born in the U.S. but only of certain naturalized citizens, people not born in the U.S. but become citizens through the formal naturalization process; or derived citizens, people not born in the U.S. but have become U.S. citizens automatically through their parents’ naturalization, according to the lawsuit.
Further, the documentary proof of citizenship goes against the National Voter Registration Act of 1993, which aims to increase the number of eligible citizens who register to vote, and the Civil Rights Act of 1964, which prevents discriminatory practices in the access to vote, according to the lawsuit.
“Only U.S. citizens may vote in state and federal elections, and the overwhelming evidence shows that Indiana does not face a problem with voting or attempts to vote by noncitizens,” according to the lawsuit.
Melissa Borja, co-chair of Hoosier Asian American Power said in a statement that the majority of Asian American eligible voters are naturalized citizens, so the two laws will negatively impact Asian Americans.
“For our community members, democracy is precious, because many of us come from countries where the right to vote is not a given,” Borja said. “These laws unfairly create barriers that prevent our community members from exercising their cherished right to vote and having their voices heard.”