Federal judge blocks Ohio proof-of-citizenship rule for BMV voter registration

A federal judge has temporarily blocked Ohio from enforcing a new requirement that people provide documentary proof of citizenship before being offered the opportunity to register to vote during a driver’s-license or state-identification transaction.

U.S. District Judge Solomon Oliver Jr. issued the preliminary injunction Aug. 25 in Red Wine & Blue v. LaRose, case No. 1:25-cv-01760. Ohio Secretary of State Frank LaRose said the state would immediately appeal.

The ruling comes before Ohio’s Oct. 5, 2026, voter-registration deadline for the Nov. 3, 2026, general election.

What the injunction changes

The order bars Ohio officials from relying on the House Bill 54 amendment to Ohio Revised Code Section 3503.11(A)(1) to require a driver’s-license applicant to produce documentary proof of citizenship before being offered the opportunity to register to vote or update an existing registration.

The order applies to applicants seeking a first driver’s license or state identification card and to people renewing one. It also covers applicants whose license or identification applications are ultimately unsuccessful because they lack documents needed for the credential.

Oliver found that Ohio’s process had made the registration offer depend on an applicant successfully obtaining a license or state ID. In the court’s reading of the National Voter Registration Act, the offer must be made when the motor-vehicle application is submitted, rather than only after the BMV approves the credential.

The judge also found that requiring documentary proof of citizenship likely exceeded the minimum information necessary for election officials to assess registration eligibility. Ohio’s other registration methods use a citizenship attestation on the registration form rather than requiring separate citizenship documents.

Who is covered — and who is not

For an Ohio citizen applying for or renewing a driver’s license or state ID, the immediate effect of the order is that Ohio officials may not require separate citizenship documents before making the voter-registration offer while the injunction remains in effect.

The order does not require that offer for applicants who identify themselves on BMV Form 5745 as a U.S. national, permanent resident or temporary resident, or who otherwise provide information showing they are not U.S. citizens.

The ruling does not authorize noncitizens to register or vote. The court’s order preserves the exclusion for applicants whose information establishes noncitizen status, and a registration offer does not automatically place anyone on the voter rolls. Final eligibility decisions remain with election officials.

Why the Oct. 5 deadline matters

Ohio’s registration deadline for the Nov. 3 general election is Oct. 5, 2026. The court said eligible Ohio residents could miss that deadline if the BMV does not affirmatively offer registration during license transactions, including transactions that do not result in an issued credential.

Ohioans who need to register or update an address should watch for current instructions from the Ohio Secretary of State and county boards of elections. The state’s appeal could produce additional court action before the deadline, so the BMV procedure may remain subject to change.

What has not changed

The injunction concerns how voter registration is offered at the BMV. It does not eliminate Ohio’s separate photo-identification requirements for casting a ballot.

Ohio’s Secretary of State says voters must show a valid, unexpired photo ID with the voter’s name and photograph when voting. Acceptable forms include an Ohio driver’s license or state ID, a U.S. passport or passport card, and certain military, Ohio National Guard or Department of Veterans Affairs IDs.

What happens next

LaRose announced an immediate appeal and argued that the ruling could require BMV employees to offer registration forms to applicants who cannot verify citizenship. Those are the secretary’s stated objections, not a determination that the appeal has merit.

The Aug. 25 order is preliminary, not a final judgment on the entire lawsuit. As of Aug. 27, the available state announcement confirms that Ohio plans to appeal, but does not establish that an appellate court has stayed or overturned the injunction. Unless a later court order changes it, the preliminary injunction remains the operative ruling described in this case.

Sources

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