A government watchdog group is threatening Minnesota with a lawsuit over its practice of allowing registered voters to “vouch” for potential voters who cannot provide proof of residency. Minnesota allows voters to register on Election Day and forgo proof of residency if another registered voter will affirm their eligibility to vote at a polling place. A registered voter can vouch for up to eight potential voters. The group America First Legal is threatening the state with a lawsuit, alleging the practice violates the National Voter Registration Act. America First Legal is representing Republican U.S. House candidate Paul Wikstrom, who is challenging incumbent Rep. Betty McCollum, D-Minn. A challenge under the federal law could be difficult, as a spokeswoman for Minnesota Secretary of State Steve Simon was quick to point out the state is exempt from the federal statute. “The National Voter Registration Act does not apply to Minnesota’s vouching laws. Minnesota has been exempt from the NVRA since the time the NVRA was passed,” Cassondra Knudson, a spokeswoman for the secretary of state’s office, told the Daily Signal. The National Voter Registration Act, also known as the “Motor Voter Act,” allows people to register to vote when getting their driver’s licenses. The law also requires states and localities to take measures to ensure voter registration lists are accurate and up to date. Minnesota is one of six states exempt from the law, according to the U.S. Election Assistance Commission. The others are North Dakota, which does not require voters to register, and four other states that allow Election Day voter registration: Idaho, New Hampshire, Wisconsin, and Wyoming. However, Minnesota stands out because the state’s law allows a registered voter to “vouch” for up to eight potential voters, America First Legal says. Furthermore, employees of residential facilities such as group homes, elder homes, or rehabilitation clinics may vouch for an unlimited number of registrants. The state frequently does not verify vouched registrations until after these voters cast their ballots—by which time it’s too late, according to a letter from Minneapolis lawyer Erick G. Kaardal and America First Legal attorney James K. Rogers to Simon. “Minnesota does not use provisional ballots for vouched registrations,” the letter states. “Once individuals register through vouching and vote, their ballot is immediately counted and commingled with other ballots, making it impossible to segregate or remove that ballot if the registration is later determined to be invalid. County election officials verify vouched registrations after the election through postal verification cards and database checks, but by that time, the ballot has already been counted. “Vouched registrations have substantially higher rates of undeliverable postal verification cards than registrations completed using documentary proof of residence, suggesting that a significant number of vouched individuals may not reside at the addresses provided. Similarly, voters registered through vouching are later placed in challenged status on voter rolls at significantly higher rates than voters who registered with documentary proof, indicating an elevated risk of registration irregularities.” The Minnesota “vouching” law has been in place in some form for about 50 years, said Knudson, the spokeswoman for the Minnesota Secretary of State’s office. “Use of the process is rare. In the 2024 general election, less than 0.6% of votes cast used this process,” Knudson said. “About 71% of those voters were already registered to vote but needed to update their name or address in their voter record.” She added that vouching is commonly used in senior living facilities or when an eligible voter has moved to a new address. “Every voter who registers or updates their registration on Election Day, including those who are vouched for, is recorded by local election officials and verified in our state database after each election,” Knudson added. “If a discrepancy is found during this process, it is referred to local law enforcement for investigation and possible prosecution.”