Technical corrections only. v2 updates the bill's status from 'Introduced in House' to 'Engrossed in House,' removing introductory sponsorship information and adding a House passage attestation. No substantive policy changes were made to the bill's text.
SAVE Act
- Sponsor
- Rep. Roy, Chip [R-TX-21]
- Committees
- Committee on House Administration (primary)
- Last action
- Apr 10, 2025
Bottom line
This bill fundamentally alters federal voter registration requirements by mandating documentary proof of U.S. citizenship, aiming to prevent non-citizens from voting while potentially increasing administrative burdens and barriers to registration for eligible citizens.
What it actually does
This bill, known as the Safeguard American Voter Eligibility (SAVE) Act, amends the National Voter Registration Act of 1993 (NVRA) to mandate that individuals present documentary proof of United States citizenship when registering to vote in federal elections. It defines acceptable forms of proof, establishes processes for applicants without immediate documentation, and requires states to implement ongoing programs to verify citizenship and remove non-citizens from voter rolls, leveraging federal agency data. It also introduces criminal penalties for election officials who register applicants without the required proof.
Proponents argue
Supporters argue the bill is essential to safeguard the integrity of federal elections by ensuring that only eligible U.S. citizens cast ballots, preventing potential fraud and upholding the principle of national sovereignty in voting. They contend that requiring proof of citizenship is a common-sense measure to protect the sanctity of the vote and restore public confidence in election outcomes.
Opponents contend
Opponents contend that this bill creates unnecessary barriers to voter registration, disproportionately affecting eligible citizens who may lack readily available documentary proof, such as the elderly, low-income individuals, and minority groups. They argue it is a form of voter suppression based on unsubstantiated claims of widespread non-citizen voting and would lead to the disenfranchisement of legitimate voters.
The bill is relatively short and its core changes are clearly articulated, making it accessible for an informed reader to understand its primary implications within a reasonable timeframe.
Section 2(a), amending NVRA Section 3
Establishes Specific Forms of Citizenship Proof
This provision amends the National Voter Registration Act of 1993 (NVRA) to define what constitutes 'documentary proof of United States citizenship' for voter registration purposes. It lists various acceptable documents, including REAL ID-compliant identification indicating citizenship, valid U.S. passports, official U.S. military identification with service records, government-issued photo IDs showing U.S. birth, or other photo IDs presented alongside documents like certified birth certificates, adoption decrees, Naturalization Certificates, or American Indian Cards.
Supporters argue
Proponents argue that this clear and comprehensive definition provides a standardized, verifiable method to confirm citizenship, preventing ambiguity and ensuring that only eligible individuals register to vote. They contend it is a crucial step for maintaining election integrity.
Critics contend
Opponents argue that while the list is detailed, it may still create barriers for eligible citizens who lack these specific documents or face difficulties obtaining them, such as the elderly or those born at home, leading to potential disenfranchisement.
Tradeoffs
This provision balances the desire for robust and standardized proof of citizenship against potential administrative burdens and accessibility challenges for some eligible voters who may not readily possess the specified documents.
Section 2(b), amending NVRA Section 4
Mandates Proof of Citizenship for Federal Voter Registration
This section prohibits states from accepting and processing any application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship with the application. This new requirement applies to all methods of voter registration within a state, fundamentally changing the initial registration process.
Section 2(c), amending NVRA Section 5
Amends Motor Voter Act to Include Citizenship Verification
This provision modifies the existing 'Motor Voter' provisions, which allow individuals to register to vote when applying for a driver's license. It now requires states to verify an applicant's U.S. citizenship during this process if they also wish to register to vote. Additionally, it clarifies that false declarations of eligibility, including citizenship, can be used as evidence in criminal or immigration proceedings.
Section 2(d), amending NVRA Section 6
Requires In-Person Proof for Mail Registrants
This provision mandates that applicants who submit voter registration applications by mail must present their documentary proof of U.S. citizenship in person to an appropriate election official. This must occur by the state's registration deadline or, if permitted, at the polling place on election day. States are also required to notify applicants of this new in-person requirement and ensure reasonable accommodations for individuals with disabilities.
Section 2(f) and (g), amending NVRA Section 8
Mandates Ongoing State Programs for Citizenship Verification and Removal of Noncitizens
This provision requires states to establish ongoing programs to identify and remove non-citizens from voter registration rolls. States are mandated to use information from sources like the Department of Homeland Security (DHS) through the Systematic Alien Verification for Entitlements (SAVE) system, the Social Security Administration (SSA), and state ID/driver's license agencies. Federal agencies are required to provide relevant citizenship information to state election officials upon request within 24 hours, free of charge. DHS is specifically mandated to investigate for removal proceedings if an alien is found unlawfully registered.
Section 2(j), amending NVRA Section 12
Establishes Criminal Penalties for Registering Non-Citizens
This provision creates new criminal penalties for certain actions related to non-citizen voting. Specifically, it criminalizes an officer or employee of the executive branch providing material assistance to a noncitizen attempting to register or vote in a federal election. It also establishes criminal penalties for an election official who registers an applicant to vote in a federal election who fails to present documentary proof of U.S. citizenship.
This provision clarifies that the new requirements for ongoing citizenship verification and removal of non-citizens (under NVRA Section 8(i) and (j)) do not apply to states that are currently exempt from the NVRA (e.g., those with same-day registration or no voter registration requirement for federal elections). However, this exemption is conditional: these NVRA-exempt states can choose to adopt identical requirements by law or regulation at least 60 days prior to the first federal election after the SAVE Act's enactment, thereby opting into these specific provisions.
Section 2(k), amending NVRA Section 4
Why it matters:This is standard legislative practice for modifying existing statutory exemptions, ensuring that the new law interacts correctly with pre-existing legal frameworks. It provides a specific carve-out and an opt-in mechanism for certain states.
Case for: Proponents would argue this ensures that even NVRA-exempt states contribute to the goal of citizen-only voting, providing a pathway for them to adopt the new verification standards if they choose, thereby broadening the impact of the bill's core intent.
Case against: Opponents might contend it subtly pressures exempt states to adopt burdensome requirements that they were previously excused from, potentially undermining their existing voter access mechanisms and imposing new, unfunded mandates on them if they choose to comply.
Estimated impact: Could extend the bill's requirements to states currently exempt from NVRA, potentially increasing administrative burden and changing voter registration processes in those states, depending on their legislative action.
This section explicitly states that Subchapter I of chapter 35 of title 44, commonly known as the 'Paperwork Reduction Act,' shall not apply to the development or modification of voter registration materials under the National Voter Registration Act of 1993 (NVRA), as amended by this Act. This includes the development or modification of any voter registration application forms.
Section 4
Why it matters:This provision could be seen as a mechanism to expedite the implementation of new forms and guidance without the typical regulatory review process mandated by the Paperwork Reduction Act. This might be intended to avoid delays in rolling out the new citizenship verification requirements.
Case for: Proponents would argue that bypassing the Paperwork Reduction Act streamlines the process for the Election Assistance Commission (EAC) and states to quickly update voter registration forms and guidance to comply with the new citizenship proof requirements, preventing bureaucratic delays that could hinder timely implementation.
Case against: Opponents might contend that removing the Paperwork Reduction Act's oversight eliminates an important safeguard for public input and review of new forms. This could lead to poorly designed, confusing, or overly burdensome materials that could inadvertently disenfranchise eligible voters or create administrative inefficiencies.
Estimated impact: This provision will accelerate the rollout of new voter registration forms and guidance by the EAC and states, potentially reducing the time available for public and stakeholder review of these critical documents.