The "Safeguard American Voter Eligibility Act" aims to ensure that only U.S. citizens register to vote in federal elections by requiring documentary proof of citizenship for voter registration and establishing penalties for violations. It also mandates federal agencies to share information with state election officials to verify voter eligibility and remove non-citizens from voter rolls.
Mike Lee
Senator
UT
The "Safeguard American Voter Eligibility Act" (SAVE Act) aims to ensure that only U.S. citizens register to vote in federal elections by requiring documentary proof of citizenship during voter registration. It amends the National Voter Registration Act of 1993 to include citizenship verification and mandates states to verify citizenship using various databases and federal information. The Act also establishes penalties for registering non-citizens and provides guidance for states to implement these changes.
The Safeguard American Voter Eligibility (SAVE) Act is shaking up how voter registration works for federal elections, and it's effective immediately. This new law requires anyone registering to vote to provide "documentary proof of U.S. citizenship." That means showing documents like a REAL ID-compliant driver's license, a U.S. passport, or a birth certificate along with a government-issued photo ID (SEC. 2). This is a major change to the National Voter Registration Act of 1993, which previously did not have this documentary requirement.
The core of the SAVE Act is a strict mandate: no proof, no registration (SEC. 2). The bill lists specific documents that qualify, including things like a passport, a birth certificate accompanied by a government photo ID, or a REAL ID-compliant driver’s license (SEC. 2). If you're registering through the mail, you now need to include this proof with your application (SEC. 2). Even if you're registering at the DMV, this new citizenship check is now part of the process (SEC. 2). The law does offer a process for those who can't provide these documents but swear they're citizens, though it involves submitting other evidence and signing a special affidavit (SEC. 2).
The SAVE Act doesn't just affect new registrations. It also requires states to actively check their existing voter rolls for non-citizens (SEC. 2). States are supposed to use databases from the Department of Homeland Security (the SAVE program), the Social Security Administration, and other state agencies to identify and remove any non-citizens currently registered (SEC. 2). Federal agencies are required to respond to information requests from state election officials within 24 hours, suggesting a much faster, more integrated system for verifying voter eligibility (SEC. 2). The Act also establishes criminal penalties for knowingly helping a non-citizen register or vote, or for registering someone without documentary proof of citizenship (SEC.2).
While the bill aims to secure elections, the practical impact could be significant. Imagine a newly naturalized citizen who hasn't yet updated their driver's license or a young person whose birth certificate is with their parents across the country. Obtaining these documents takes time and, often, money. This could create a real barrier to voting, especially for people with limited resources, those who move frequently, or those who simply don't have easy access to the required paperwork. The requirement for states to actively check voter rolls also raises questions. How will these checks be conducted fairly? What happens if someone is wrongly flagged as a non-citizen? The bill does allow for provisional ballots (SEC. 6), but the added steps and potential for errors could still discourage participation. The added cost to states for implementing all of this is also a big question mark. The bill also establishes a "private right of action," meaning individuals can sue if they believe someone was registered without proper proof (SEC. 2). This could open the door to challenges and legal battles, potentially slowing down the voting process and creating more confusion.