SAVE Act
- Sponsor
- Sen. Lee, Mike [R-UT]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Jan 16, 2025
Bottom line
This bill fundamentally alters federal voter registration requirements by mandating documentary proof of U.S. citizenship, aiming to prevent non-citizen voting while potentially increasing barriers for eligible citizens and imposing significant new administrative burdens on states.
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 require individuals to present documentary proof of U.S. citizenship when registering to vote in federal elections. It defines acceptable forms of proof, mandates states to establish processes for those without immediate proof, and requires ongoing programs to identify and remove non-citizens from voter rolls using federal and state data sources. The bill also expands enforcement mechanisms, including criminal penalties for election officials who register non-citizens without 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 maintaining public confidence in election outcomes. They contend that requiring documentary proof is a common-sense measure to protect national sovereignty and the sanctity of the vote, closing perceived loopholes in current registration processes.
Opponents contend
Opponents would likely argue that this bill creates unnecessary and burdensome barriers to voter registration, particularly for eligible citizens who may lack readily available documentary proof, disproportionately affecting minority groups, the elderly, and low-income individuals. They might contend it is an unfunded mandate on states and could lead to widespread disenfranchisement, while addressing a problem (non-citizen voting) that is statistically rare.
The bill is moderately complex due to its amendments to existing law and detailed definitions, requiring a focused read to understand its full implications for voter registration processes.
Section 2(a) amending Section 3 of the National Voter Registration Act of 1993
Establishes 'Documentary Proof of United States Citizenship' Definition
This section defines what constitutes acceptable documentary proof of U.S. citizenship for voter registration. It lists various forms of identification, including REAL ID-compliant IDs indicating citizenship, U.S. passports, military IDs with service records, government-issued photo IDs showing U.S. birth, and other IDs combined with birth certificates, adoption decrees, Consular Reports of Birth Abroad, Naturalization Certificates, or American Indian Cards.
Supporters argue
Supporters argue this detailed definition provides clear, verifiable standards for citizenship, preventing ambiguity and ensuring that only eligible citizens register to vote. They contend it offers multiple pathways for proof, accommodating various circumstances while maintaining security.
Critics contend
Critics might argue that the extensive list, while seemingly comprehensive, could still exclude eligible citizens who lack these specific documents or face difficulties obtaining them, particularly those in rural areas, the elderly, or those with non-traditional birth records.
Tradeoffs
Balances the goal of election security through citizenship verification against potential administrative burdens and accessibility challenges for eligible voters.
Section 2(b) amending Section 4 of the National Voter Registration Act of 1993
Mandates Documentary Proof of Citizenship for Voter Registration
This provision explicitly states that states shall not accept and process an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship with the application, regardless of the registration method used. This makes the provision of proof a mandatory prerequisite for all federal voter registrations.
Section 2(c) amending Section 5 of the National Voter Registration Act of 1993
Integrates Citizenship Proof into Motor Voter Registration
This section amends the 'motor voter' provisions, requiring states to verify an applicant's U.S. citizenship when they apply for a driver's license or state identification card and simultaneously register to vote. It also clarifies that false declarations of citizenship for voter registration can be used as evidence in criminal or immigration proceedings, increasing legal risk for non-citizens who attempt to register.
Section 2(d) amending Section 6 of the National Voter Registration Act of 1993
Mandates In-Person or Polling Place Presentation of Citizenship Proof for Mail Registrations
This section requires applicants using mail-in voter registration forms to present documentary proof of U.S. citizenship in person to an election official by the state's registration deadline, or at the polling place on election day if the state allows same-day registration. States must notify applicants of this requirement and make reasonable accommodations for individuals with disabilities.
Section 2(f) inserting new subsection (j) into Section 8 of the National Voter Registration Act of 1993
Establishes Comprehensive Citizenship Verification and Maintenance Program
This critical section mandates that states cannot register an individual without documentary proof of citizenship. It requires states to establish a process for applicants without immediate proof, involving an attestation under penalty of perjury and a determination by an official, accompanied by a uniform affidavit developed by the Election Assistance Commission (EAC). States must also implement ongoing programs to identify non-citizens using federal databases (like SAVE, SSA) and state agencies, and federal agencies must provide relevant information to state election officials upon request, free of charge. It also mandates DHS investigations for unlawfully registered aliens.
Section 2(k) amending Section 4 of the National Voter Registration Act of 1993
Extends Citizenship Verification Requirements to Exempt States
This section modifies the NVRA exemption for states that had same-day voter registration or no voter registration requirements prior to 1993. It specifies that the new citizenship verification and list maintenance requirements (Section 8(j) and (k)) will apply to these previously exempt states, unless they adopt identical requirements by law or regulation 60 days prior to the first federal election after the SAVE Act's enactment.
Section 5
DHS Notification of Naturalized Citizens to State Election Officials
This section requires the Secretary of Homeland Security to promptly notify the appropriate chief election official of the state in which an individual is domiciled upon receiving information that the individual has become a naturalized citizen of the United States.
Amends existing language to explicitly state that a false declaration of eligibility (including citizenship) made under penalty of perjury during voter registration can be used as evidence in criminal or immigration proceedings against an applicant who knowingly attempts to register or vote while not a citizen.
Section 2(c)(5) and 2(h)(2) amending Sections 5(c)(2)(D)(iii) and 9(b)(4) of NVRA
Why it matters:This is standard legislative practice for amending existing statutory language by modifying exceptions or conditions within a larger section, making it easy to overlook without a detailed line-by-line comparison.
Case for: Proponents would argue this strengthens the deterrent against non-citizens attempting to register or vote, providing a clear legal consequence for fraudulent declarations and reinforcing election integrity.
Case against: Opponents might argue this could create a chilling effect, deterring eligible citizens who are concerned about potential legal repercussions or confusion, especially those with complex immigration histories or who are part of mixed-status families.
Estimated impact: Increases legal risk for non-citizens who attempt to register, potentially impacting a small number of individuals but having a broader chilling effect on voter registration among certain communities.
Expands the private right of action to include violations by an election official who registers an applicant without documentary proof of citizenship. It also adds new criminal penalties for executive branch officers/employees providing material assistance to non-citizens attempting to register/vote, and for election officials who register applicants without documentary proof.
Section 2(i) amending Section 11(b)(1) and Section 2(j) amending Section 12(2) of NVRA
Why it matters:This is standard practice for modifying enforcement mechanisms within existing statutes. The changes are located in sections typically reviewed by legal experts rather than general policy analysts, making them less visible to a casual reader.
Case for: Proponents would argue these provisions are crucial for accountability, ensuring that election officials comply with the new citizenship verification requirements and that there are consequences for those who knowingly facilitate non-citizen voting.
Case against: Opponents might argue these provisions could create a climate of fear among election officials, leading to overly cautious or discriminatory practices, and potentially deterring officials from assisting voters for fear of legal repercussions, even in good faith.
Estimated impact: Increases legal liability for election officials and federal employees, potentially impacting administrative practices and voter assistance, and could lead to fewer registrations or more challenges to eligible voters.