Article Summary –
House Republican leaders are advocating for the SAVE Act, a bill requiring documentary proof of U.S. citizenship to register to vote, claiming it will prevent noncitizens from affecting elections, but experts argue it is unnecessary and could disenfranchise many eligible voters, including married women who have changed their names and military personnel serving abroad. Critics, including the Brennan Center for Justice and Common Cause, argue that noncitizen voting is exceedingly rare and the Act would create unnecessary barriers, potentially impacting over 21 million Americans who lack immediate access to citizenship documents. Additionally, the legislation could disrupt voter registration by mail, making it difficult for service members and older Americans to register, thereby disenfranchising a significant number of eligible voters.
House Republican leaders are advancing a bill to tighten voter registration requirements, claiming it will prevent noncitizens from impacting U.S. elections. Critics argue the bill is unnecessary and could disenfranchise citizens, especially married women with name changes and military personnel abroad.
“American citizens — and only American citizens — should decide American elections,” stated Speaker of the House Mike Johnson (R-LA), Majority Leader Steve Scalise (R-LA), Majority Whip Tom Emmer (R-MN), and Republican Conference Chair Lisa McClain (R-MI) in a joint statement. “House Republicans are determined to codify this commonsense idea with the SAVE Act which puts in place commonsense safeguards to prevent noncitizens from abusing our democratic process.”
A February analysis by the Brennan Center for Justice, a nonpartisan organization, warned, “If enacted, it would devastate voter registration while disenfranchising tens of millions of eligible American citizens.”
What is the SAVE Act?
The Safeguard American Voter Eligibility Act, or SAVE Act, was introduced on Jan. 3 by Texas Republican Rep. Chip Roy.
The bill mandates Americans to provide “documentary proof of United States citizenship” for voter registration, such as a passport or military ID. States can create alternative verification methods for those lacking such proof and accommodate citizens with disabilities or name changes.
It imposes criminal penalties on election officials who do not fully comply. “This draconian legislation would also subject state and local election officials to hefty criminal fines and up to five years in federal prison,” stated a Democratic fact sheet.
The bill is cosponsored by 106 Republican representatives. The Senate version, sponsored by Utah Republican Sen. Mike Lee, has 19 GOP cosponsors.
Similar legislation passed the House in 2024 but never reached a Senate vote.
Is it needed?
Roy’s office argues the bill is necessary to counter Democratic efforts undermining election integrity laws. “While only U.S. citizens can legally vote in Federal elections, Federal law has generally preempted and undermined state laws requiring proof of citizenship,” Roy’s office claims in a statement.
Aaron Scherb of Common Cause called it a “solution in search of a problem,” noting, “It is already illegal for noncitizens to vote in federal elections.” Research shows noncitizen voting is extremely rare, with no evidence of it affecting U.S. election outcomes.
A Cato Institute blog post found no evidence of significant illegal noncitizen voting. A 2017 Brennan Center study reported only 30 suspected noncitizen voting incidents out of 23.5 million votes, or 0.0001%.
What would the act’s dangers be?
A 2023 Brennan Center survey found 9% of American adults lack easily accessible citizenship documents. Rep. Joseph Morelle noted the law would disenfranchise many, especially married women with name changes and military personnel.
Morelle stated that immediate enactment would mean states need new processes for voters with name discrepancies. This could prevent many, including 84% of married women who change their names, from registering in time.
The Center for American Progress said in a report that the bill could disenfranchise 69 million women and 4 million men unable to use birth certificates for registration.
Morelle said the bill’s documentation requirements would end mail-in voter registration, impacting military members: “Men and women putting their lives on the line would not be able to register to vote.”
He also warned of difficulties for older Americans and those in nursing homes. Scherb noted rural voters and those with disabilities could also face challenges if the SAVE Act becomes law, stating, “It would be hugely disruptive and would silence tens of millions of Americans.”
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