SAVE Act

Bill Number: S. 128
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2025-01-16: Read twice and referred to the Committee on Rules and Administration.
Last Updated: 2026-04-15T18:20:46Z

AI-Generated Summary

Purpose

The Safeguard American Voter Eligibility Act (SAVE Act), S. 128, aims to prevent non-U.S. citizens from registering to vote in federal elections by requiring documentary proof of U.S. citizenship during the registration process. It amends the National Voter Registration Act of 1993 (NVRA), which previously allowed registration based on a signed affirmation of citizenship under penalty of perjury, without mandatory documentation.

Key Provisions

Definition of Documentary Proof: Establishes a list of acceptable documents to prove U.S. citizenship, including:
A REAL ID-compliant identification (a secure form of ID meeting federal standards).
U.S. passport.
Military ID with service record showing U.S. birth.
Government-issued photo ID showing U.S. birth.
Other photo IDs paired with items like a certified birth certificate (must include name, date/place of birth, parents' names, official seal, and filing date), hospital birth record, adoption decree, consular birth report abroad, naturalization certificate, or certain American Indian cards.
General Registration Requirement: States cannot process any voter registration application for federal elections unless the applicant provides this proof at the time of application, regardless of the method (e.g., in-person, mail, or agency-based).
Motor Vehicle and Agency Registrations:
Driver's license applications must include citizenship verification.
Voter registration agencies (e.g., public assistance offices) must ask about citizenship and require proof before distributing forms.
Mail Voter Registration:
The federal mail form must explain the proof requirement.
Applicants must present proof in person to an election official by the state's deadline (or at a polling place on election day in states allowing same-day registration).
Officials must notify applicants of this step and provide instructions; states must accommodate people with disabilities.
Alternative Processes for Lacking Proof:
Applicants without documents can sign an attestation of citizenship and submit other evidence for review by state officials.
If approved, an affidavit (standardized by the Election Assistance Commission, or EAC) confirms eligibility.
States must handle discrepancies in documents through additional verification.
Ongoing Verification and Removal:
States must create programs to check voter rolls using federal databases like the Systematic Alien Verification for Entitlements (SAVE) system from the Department of Homeland Security (DHS), Social Security Administration tools, or state ID records.
Federal agencies must respond to state requests for citizenship verification within 24 hours, share data, and not charge fees; DHS must investigate non-citizen registrations for potential deportation.
States must remove non-citizens from voter rolls upon receiving proof or verified information of non-citizenship.
Enforcement and Penalties:
Adds criminal penalties for election officials who register applicants without proof, or for federal employees aiding non-citizens in registration.
Allows private lawsuits against officials who violate the proof requirement.
Implementation Support:
EAC must issue guidance to states within 10 days of enactment.
Exempts new voter forms from the Paperwork Reduction Act (a law limiting federal paperwork burdens).
DHS must notify state election officials promptly when someone becomes a naturalized citizen.
Rules of Construction:
Does not affect provisional ballots (temporary ballots cast when eligibility is uncertain, counted if verified).
Does not impact state exemptions from other federal laws.
Applicability: Applies immediately to new registrations; certain states (e.g., those previously exempt from NVRA) have 60 days before their next federal election to adopt identical rules.

Significant Changes to Existing Law

From Attestation to Mandatory Proof: The NVRA previously relied solely on self-attestation of citizenship; this bill mandates physical documents or verified alternatives, shifting from trust-based to evidence-based registration.
Enhanced Verification Tools: Introduces mandatory use of federal databases (e.g., SAVE) for proactive citizenship checks and removals, expanding beyond the NVRA's prior focus on basic eligibility confirmations.
Expanded Removal Authority: States gain explicit permission to remove voters based on citizenship evidence, with conforming updates to notice and hearing procedures.
Federal Form Updates: The national mail registration form now includes fields for recording proof details and stricter privacy protections (e.g., limiting data use except in fraud cases).
Penalties and Liability: Adds specific criminal sanctions for non-compliance by officials and broadens private rights to sue, strengthening enforcement over the NVRA's general penalties.

Potential Impacts

On Government Agencies: State and local election offices will face increased administrative burdens, including new verification processes, database integrations, and staff training, potentially raising costs. Federal agencies like DHS and the EAC must provide rapid data access and guidance, enhancing inter-agency coordination but straining resources.
On Citizens: Eligible U.S. citizens without easy access to required documents (e.g., low-income, elderly, or rural residents) may encounter barriers to registration, possibly lowering turnout. Naturalized citizens benefit from DHS notifications to streamline their registration.
On Non-Citizens: Reduces opportunities for unlawful registration or voting, with automatic referrals to immigration enforcement for investigations and potential deportation.
On International Relations: Minimal direct impact, though it reinforces U.S. immigration enforcement by linking voter rolls to DHS data, which could indirectly affect perceptions of U.S. election integrity abroad.

Main Stakeholders Affected

U.S. Citizens and Voters: All potential registrants for federal elections, particularly those using mail or agency methods.
State and Local Election Officials: Responsible for implementing proofs, verifications, and removals.
Federal Agencies: EAC (guidance and forms), DHS (data sharing and naturalization notices), Social Security Administration (verification services).
Naturalized Immigrants: Gain easier access via notifications but must still provide proof.
Non-Citizen Residents: Including legal immigrants, who are prohibited from federal voting and face removal risks if erroneously registered.
Voter Advocacy Groups: May support or challenge based on access concerns.

Notable Legal, Constitutional, or Political Implications

Legal Implications: Could invite lawsuits under laws like the Voting Rights Act (which protects against discriminatory voting practices) or Help America Vote Act, if the proof requirements disproportionately affect certain groups (e.g., minorities or the poor). The private right of action expands enforcement but may lead to more litigation against officials.
Constitutional Implications: Aligns with the 14th Amendment's citizenship clause and Article I's voter qualifications for federal elections, emphasizing states' roles in elections. However, it might raise equal protection concerns (14th Amendment) if seen as unduly burdening voting rights without sufficient justification.
Political Implications: Promotes election security by addressing non-citizen voting fears, but the bill's focus on documentation could spark debates over voter suppression versus integrity, influencing partisan discussions on election reform. Its introduction by multiple senators signals strong Republican support for stricter controls.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Lee, Mike [R-UT]

Cosponsors (49)

Sen. Cruz, Ted [R-TX], Sen. Tillis, Thomas [R-NC], Sen. Cotton, Tom [R-AR], Sen. Cramer, Kevin [R-ND], Sen. Kennedy, John [R-LA], Sen. Graham, Lindsey [R-SC], Sen. Tuberville, Tommy [R-AL], Sen. Lummis, Cynthia M. [R-WY], Sen. Johnson, Ron [R-WI], Sen. Cornyn, John [R-TX], Sen. Crapo, Mike [R-ID], Sen. Hoeven, John [R-ND], Sen. Schmitt, Eric [R-MO], Sen. Risch, James E. [R-ID], Sen. Sullivan, Dan [R-AK], Sen. Moreno, Bernie [R-OH], Sen. Husted, Jon [R-OH], Sen. Budd, Ted [R-NC], Sen. Marshall, Roger [R-KS], Sen. Banks, Jim [R-IN], Sen. Blackburn, Marsha [R-TN], Sen. Scott, Rick [R-FL], Sen. Ernst, Joni [R-IA], Sen. Lankford, James [R-OK], Sen. Scott, Tim [R-SC], Sen. Hawley, Josh [R-MO], Sen. Hyde-Smith, Cindy [R-MS], Sen. Justice, James C. [R-WV], Sen. Cassidy, Bill [R-LA], Sen. Moody, Ashley [R-FL], Sen. Sheehy, Tim [R-MT], Sen. Daines, Steve [R-MT], Sen. Mullin, Markwayne [R-OK], Sen. Paul, Rand [R-KY], Sen. Rounds, Mike [R-SD], Sen. Britt, Katie Boyd [R-AL], Sen. Hagerty, Bill [R-TN], Sen. McCormick, David [R-PA], Sen. Fischer, Deb [R-NE], Sen. Young, Todd [R-IN], Sen. Barrasso, John [R-WY], Sen. Ricketts, Pete [R-NE], Sen. Moran, Jerry [R-KS], Sen. Curtis, John R. [R-UT], Sen. Capito, Shelley Moore [R-WV], Sen. Boozman, John [R-AR], Sen. Wicker, Roger F. [R-MS], Sen. Grassley, Chuck [R-IA], Sen. Thune, John [R-SD]

Recent Actions

2025-01-16: Read twice and referred to the Committee on Rules and Administration.
2025-01-16: Introduced in Senate

Bill Versions

Safeguard American Voter Eligibility Act — issued 2025-01-16 — PDF (24 pages)