Is Voter Fraud by Immigrants Worth 2 New Laws?

Election integrity is fraught with allegations, largely unproven. But the very hint becomes fodder for more debate.

While Hoosier representatives make far less than those of other states, their hours are valued at about $43/hour. Hundreds of them recently spent those paid hours addressing the possibility of fraud by voters. While one news outlet after another stakes claims about how non-existent such concerns are, none give a number. But we found that the conservative Heritage Foundation — creators of Project 2025 — offers a place to explore possible cases of election fraud with its database.

Records since 1982, the earliest year in the database, show 59 possible cases of Hoosier voter fraud over the past 43 years. That’s about 1.2 possible cases per year out of hundreds of thousands of voters. The database lists all the names. The last 10 names on the date filtered on the list include James Bartlett, Troy Kemper, Janet Reed, Jerome Kesler, Max Judson, Lowell “Ross” Colen, Beverly Shelton, Butch Morgan Jr. and Doug Campbell. Reading the database’s description of each of the 59 cases shows that none of these individuals were non-citizens attempting to vote.

Although so few cases of election fraud are attempted (and are caught), and in spite of the fact that non-citizen voting is rarely at issue, two recent state laws target immigrants who might try to vote.

The two new Indiana laws — House Enrolled Acts 1264 and 1680 — pose significant risks of disenfranchising eligible voters, especially naturalized U.S. citizens. Both were designed to address unfounded concerns about non-citizen voting, but in practice, they create bureaucratic hurdles that can unjustly strip voters of their rights.​

House Enrolled Act 1264, which took effect on July 1, 2025, mandates a citizenship “cross-check” for currently registered voters using state Bureau of Motor Vehicles data. Voters who have BMV-issued temporary credentials are flagged and must prove citizenship within 30 days of notification by their county election office, or their registration is canceled. Acceptable proof includes a birth certificate, passport, naturalization document or similar evidence.​

House Enrolled Act 1680 imposes a similar “cross-check” requirement for new registrants using a BMV temporary credential to sign up. If flagged, applicants have only 30 days to provide documentation, or their application is rejected. Notably, there’s no explicit appeals process for those rejected under this law, unlike Act 1264, which does provide for appeals to the county election board. This lack of recourse adds to the confusion and potential for disenfranchisement.​

Both laws hinge on flawed and outdated BMV data about temporary credentials. Many naturalized citizens legally use temporary credentials for years after becoming citizens, owing to long credential windows and costly updates. Yet the state’s system doesn’t recognize this nuance, creating ripe conditions for error.​

This approach means:

• Naturalized citizens bear the brunt of repeated checks and documentation demands.​
• If flagged, eligible voters must locate rarely used paperwork — like passports or birth certificates — in a short window, or risk being removed from the rolls.​
• Less than half of Americans have a passport, making it very difficult for many to comply in time.​

The result is that eligible voters, especially those who were born outside the U.S., are forced to jump through complex bureaucratic hoops, with the real possibility of losing their voting rights if they miss paperwork or deadlines.​

Indiana’s new laws are part of a recent wave of “citizenship check” legislation passed in response to the myth of widespread non-citizen voting. Experience elsewhere demonstrates severe unintended consequences:

• In Kansas, a similar law blocked more than 31,000 eligible residents — 12 percent of new applicants — from registering. Courts struck down the Kansas law as unconstitutional.​
• Arizona’s citizenship check laws have been repeatedly challenged and found unlawful in court.​
• Texas’ efforts to purge “non-citizens” removed thousands of legitimate U.S. citizens due to database mismatches and errors; most flagged voters turned out to be citizens and had their registrations canceled simply for missing a mailed notice or responding late.​

Early implementation data — drawn from county reporting — already suggests widespread confusion with respect to Indiana’s new laws. Monroe County flagged 39 voters, including individuals who had been citizens for decades but were still listed incorrectly. In Hamilton County, more than 120 voters were flagged, but only a minority successfully responded with documentation. Inconsistent processes across counties, unclear notification methods and questions about what recourse affected voters have added to the uncertainty and risk.​

A further danger comes from the lack of a centralized, up-to-date citizen registry, which means the state relies on imperfect BMV records to make life-altering decisions about voting rights. Those who don’t regularly check mail or miss notification letters are at especially high risk, since Indiana does not have same-day voter registration. If citizens show up at the polls with proof of citizenship after their registration has been canceled, it is often too late to restore their voting rights for that election.​

If you receive a notification from your county voter registration office, do not ignore it. Gather your documentation: birth certificate, passport, naturalization certificate or a consular report of birth abroad. Submit it promptly — within the required 30 days — to your county election office and confirm your status afterward. Organizations like the League of Women Voters, Hoosier Asian American Power, Common Cause Indiana and Exodus are tracking these issues; notify them if you’ve been affected and seek help if needed.​

Provisional ballots may be available if your status is in question, but whether these votes are ultimately counted remains unclear, as implementation varies and some procedural gaps remain unresolved.​

House Enrolled Acts 1264 and 1680 risk repeating the mistakes witnessed in Kansas, Arizona, and Texas — stripping thousands of eligible voters of their rights through flawed data and rushed deadlines. Lawmakers and community organizations must press for clearer, fairer voting processes. The League of Women Voters should advocate for improvements, educate communities about these risks, and help build networks that ensure no eligible voter is left behind as these new laws take effect.

The League of Women Voters is a nonpartisan, multi-issue political organization which encourages informed and active participation in government. For information about the League, visit the website www.lwvmontcoin.org; or, visit the League of Women Voters of Montgomery County, Indiana Facebook page.