Amid debate in Congress, Florida's Republican Legislature pushes election law changes

TALLAHASSEE, Florida — A New Chapter in Voting Legislation

Florida, a state historically known for its chaotic 2000 presidential recount, is now contemplating stringent new proof-of-citizenship requirements for voting, amidst a heated debate in Congress. This potential shift aims to transform the electoral landscape of the Sunshine State and may also see the permanent removal of recounts from its election processes, replaced by a new “vote validation” system designed to verify all ballots after they’re cast. Spearheading this initiative is Florida Secretary of State Cord Byrd, who has championed this idea for the past two years.

The state legislature is currently divided on the issue of eliminating recounts; however, Republicans in both the House and Senate appear unified in advancing comprehensive election legislation that could spark eligibility inquiries for thousands of Florida voters. This effort faces strong opposition from Democrats, who argue that the changes could disenfranchise many voters.

Proponents of the legislation have already referenced the SAVE America Act—recently passed by the Republican-controlled House in Washington—as a rationale for proceeding. “While the significant debate surrounding the SAVE America Act unfolds nationally, we must continue to position Florida as the gold standard for election integrity,” stated state Rep. Jenna Persons-Mulicka, a Republican from Fort Myers and the bill’s House sponsor.

With the annual legislative session approaching its conclusion, the election bills are well-positioned to pass, although Republican leaders must reconcile key differences between the House and Senate versions. A notable divergence is the proposal to eliminate the acceptance of college IDs as valid photo identification. The House’s stance seeks to prohibit college IDs, while the Senate’s version would maintain the status quo. Additionally, the two bills differ regarding the implementation timelines of certain requirements, with the House proposing some measures to take effect in 2027.

It is already illegal for non-citizens to vote in Florida, a prohibition that was enshrined in the state constitution in 2020. However, the proposed bills—HB 991 and SB 1334—aim to introduce new proof-of-citizenship requirements and enhance the role of the Department of Highway Safety and Motor Vehicles in verifying citizenship status.

Supporters of the legislation assert that it will not affect voters who have already verified their citizenship when obtaining a Florida driver’s license that complies with federal Real ID standards. Federal documents, like passports, will also be accepted as proof. Conversely, critics warn that these new requirements could pose significant challenges for voters registered in years past who may lack a driver’s license number or Social Security number.

Concerns have been raised about the difficulty or costs associated with obtaining birth certificates. Furthermore, individuals who have changed their names—due to marriage or divorce—will require legal documentation to substantiate their name changes. “Even if you have been voting for years, you won’t be able to vote until you submit a birth certificate or passport,” warned Amy Keith from Common Cause Florida. “If you can’t afford those documents or find them impossible to obtain, too bad. You don’t get to vote. That’s what this bill does.”

During a recent state House hearing on the bills, state Rep. Ashley Gantt, a Democrat from Miami, recounted her struggles in obtaining a birth certificate for her elderly aunt to comply with Real ID standards. Her aunt, a former federal employee, was born in a South Carolina setting where racial segregation prevented her from being born in a hospital. “Many elderly black voters lack birth certificates due to systemic racism,” Gantt asserted.

While there have been no statewide estimates on how many of Florida’s approximately 13.3 million registered voters could be impacted, preliminary surveys from election supervisors suggest that thousands of voters may be registered without information linked to a driver’s license.

The Florida Office of Election Crimes and Security’s 2025 report noted that preliminary investigations had been completed for over 835 individuals, with 198 potentially identified as non-citizens who had either registered or voted illegally. Of those, 170 cases were referred to law enforcement.

Despite Florida earning a reputation for effectively managing elections post-recount, Governor Ron DeSantis has advocated for tighter voting regulations. Recent changes have included stringent restrictions on mail-in voting and a requirement for voters to renew their mail-in ballot requests every two years.

This legislative initiative could usher in a fresh wave of significant changes before DeSantis departs from office. Notably, the House bill proposes establishing a parallel system ahead of the 2028 presidential election, designed to validate votes prior to the certification of the election. It also seeks to eliminate the recount process that once captivated the nation in 2000. However, Senate Republicans have so far resisted the “vote validation” effort, with one senator expressing skepticism, suggesting that only one company may be capable of providing the necessary software.

While critics argue that this year’s legislation may disenfranchise senior citizens and students, Republicans maintain that legislative action is necessary to prevent non-citizens from casting ballots. “No non-citizen should ever cast a ballot in Florida, and certainly not in a way that dilutes the votes of citizens,” asserted state Rep. Berny Jacques, a Republican from Seminole.