02/11/2025 --axios
A bill introduced by a House Republican requiring voters to provide documentary proof of citizenship when they register to vote has triggered alarm bells among voting and civil rights organizations.The big picture: The Safeguard American Voter Eligibility (SAVE) Act aims to restrict noncitizen voting — which is exceptionally rare and illegal. But voting rights advocates warn it could risk disenfranchising U.S. citizens who don't have proof of citizenship readily available.According to the nonpartisan Brennan Center for Justice, more than 9% of American citizen (21.3 million people) of voting age don't have proof of citizenship at hand.Driving the news: The bill, championed by Rep. Chip Roy (R-Texas), has been on the congressional radar for months, first introduced in May 2024 and reintroduced to the 119th Congress last month.Roy, in a statement provided to Axios, characterized voting rights groups' concerns as "absurd armchair speculation."He added that the "legislation provides a myriad ways for people to prove citizenship and explicitly directs States to establish a process for individuals to register to vote if there are discrepancies in their proof of citizenship documents due to something like a name change."Catch up quick: Claims of millions of undocumented immigrants voting began circulating during the 2016 election. President Trump, without evidence, contended at the time he lost the popular vote to Hillary Clinton by nearly 2.9 million votes because 3 million (or more) undocumented immigrants voted.But a Brennan Center nationwide study of the 2016 election across 42 jurisdictions found that officials referred only an estimated 30 incidents of suspected noncitizen voting for further investigation or prosecution.What does the SAVE Act do?The bill, which seeks to amend the National Voter Registration Act of 1993 (NVRA), would require Americans seeking to register or re-register to vote to present a a REAL ID-compliant ID that indicates U.S. citizenship, a passport or another citizenship document.Other "[v]alid government-issued photo identification" cards that do not indicate birthplace or citizenship must be presented alongside a birth certificate, a naturalization certificate, an adoption decree or other listed forms of documentation demonstrating status or birthplace.The Brennan Center writes that the bill would "functionally eliminate mail registration" because it requires people to present documentary proof of citizenship in person.As noted by Roy, the bill directs states to establish a process for applicants to provide "additional documentation" to establish that the applicant is a citizen "in the event of a discrepancy with respect to the applicant's documentary proof of United States citizenship."Reality check: Citizenship is already a requirement to vote.The NVRA requires states to use a common voter form, including confirming that the applicant is a citizen under penalty of perjury. Noncitizens who register often do so by mistake and very rarely cast a ballot. The stakes of voting as a non-U.S. citizen, even unintentionally, are very high. Punishments include prison time and possible deportation.What are the concerns about the bill?Groups like the Brennan Center, the nonpartisan Campaign Legal Center and the left-leaning Center for American Progress have warned the SAVE Act could add significant voting barriers. CLC says the act imposes "unnecessary barriers" to the registration process, noting that most voters could not use their driver's license alone to register — enhanced drivers licenses, which demonstrate citizenship, are only available in five states.Married women who have changed their last names, young voters and voters of color are more likely to have problems accessing necessary documentation, the Brennan Center says.The Bipartisan Policy Center, in a July brief, stated that while the goal of ensuring only citizens register to vote is important, the sweeping changes outlined in the bill would take time — and funding, which the mandate does not include — for states to implement. Zoom out: Kansas tried to implement a rule mandating documentary proof of citizenship to vote, but it was struck down in court as a violation of the constitution and the NVRA.Arizona implemented a similar law, but the Supreme Court upheld only partial enforcement. People who can't provide proof of citizenship can register to vote in the state using federal forms and are only permitted to vote in federal races.What's next: The bill passed the House last July, earning support from five Democrats along and 216 Republicans. However, the Senate has not voted on the legislation, and it's unlikely seven Democrats would back the bill for it to overcome a filibuster. Go deeper: Census: Over half of Virginia's immigrants are eligible to vote
