SAVE America Act

Bill Number: S. 3752
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2026-01-29: Read twice and referred to the Committee on Rules and Administration.
Last Updated: 2026-04-15T18:20:19Z

AI-Generated Summary

Purpose of the Legislation

The Safeguard American Voter Eligibility Act (SAVE America Act) aims to strengthen election integrity by requiring proof of U.S. citizenship for voter registration in federal elections and mandating photo identification for voting in those elections. It seeks to prevent non-citizens from registering or voting while providing processes for verification.

Key Provisions

Definition of Documentary Proof of Citizenship: Specifies acceptable documents, including a REAL ID-compliant ID (a secure form of identification meeting federal standards), U.S. passport, military ID with birth records, government-issued photo ID showing U.S. birth, or a photo ID paired with items like a certified birth certificate, hospital birth record, adoption decree, naturalization certificate, or Consular Report of Birth Abroad.
Registration Requirements:
States cannot process voter registration applications for federal elections without documentary proof of citizenship, applicable to all methods (in-person, mail, motor vehicle offices, and public agencies).
For mail registrations, applicants must present proof in person to an election official by the state's deadline or at a polling place on election day (including early voting).
States must notify applicants of this requirement and provide reasonable accommodations for people with disabilities.
Alternative Processes for Lacking Documents:
States must create a system allowing applicants without standard proof to submit other evidence of citizenship under penalty of perjury (swearing truthfully on risk of legal punishment); officials determine eligibility and use a uniform affidavit developed by the Election Assistance Commission (EAC, a federal body that sets election standards).
For discrepancies in documents, states must allow submission of additional evidence.
Ongoing Verification and Removal:
States must establish programs within 30 days to identify non-citizens using federal databases like the Systematic Alien Verification for Entitlements (SAVE, a DHS tool to check immigration status), Social Security Administration verification, or state ID systems.
Federal agencies (e.g., DHS, SSA) must respond to state requests for citizenship verification within 24 hours, share data, and investigate non-citizens for removal proceedings (deportation processes).
States must remove non-citizens from voter rolls upon receiving proof or verified information.
DHS must notify state election officials when someone becomes a naturalized citizen.
Voter Identification for Federal Elections (Section 3):
Voters must present an "eligible photo ID" showing U.S. citizenship: a physical document with a photo, citizenship indicator, and either a driver's license number or last four digits of a Social Security number, issued by states, tribes, or federal entities like the State Department or military.
For in-person voting, ID is shown at the polls; for absentee voting, a copy is included with the ballot request and submission.
Exceptions: Additional documents can prove citizenship if the ID lacks it; states using SAVE quarterly can exempt pre-existing registrants if rolls indicate verified citizenship.
Applies to states without registration by confirming citizenship before voting.
Enforcement and Penalties:
Adds criminal penalties for election officials or federal employees who register non-citizens or provide assistance to them.
Creates a private right of action (allowing individuals to sue in court) against officials who register unqualified applicants.
EAC must issue implementation guidance within 10 days; the Paperwork Reduction Act (federal rules limiting paperwork burdens) does not apply to new forms.
Rules of Construction:
Does not affect provisional ballots (temporary ballots verified later) if citizenship is confirmed.
Preserves state exemptions from other federal laws.
Effective Date: Applies immediately upon enactment for registrations and voting in federal elections.

Significant Changes to Existing Law

Amendments to National Voter Registration Act (NVRA, 1993): Previously, NVRA facilitated registration (e.g., at DMVs) without mandating citizenship proof beyond self-attestation; now requires documentary evidence and federal data-sharing for verification, with explicit removal of non-citizens.
Amendments to Help America Vote Act (HAVA, 2002): Replaces prior ID provisions with stricter photo ID requirements tied to citizenship proof.
Introduces national standards overriding state variations for federal elections, including affidavits and SAVE integration, while exempting non-registration states if they verify citizenship pre-voting.

Potential Impacts

On Citizens: Could increase barriers to registration and voting for those without easy access to documents (e.g., low-income, elderly, or rural residents), potentially lowering turnout; however, alternative processes and accommodations aim to mitigate this.
On Government Agencies: State and local election offices face new administrative burdens for verification, notifications, and database programs; federal agencies like DHS and EAC must provide rapid data access without fees, increasing workload and inter-agency coordination.
On International Relations: Minimal direct impact, though enhanced SAVE use and deportation investigations could indirectly affect immigration enforcement and U.S. interactions with foreign nationals.
Overall, may reduce perceived non-citizen voting but requires states to update systems quickly, potentially straining resources.

Main Stakeholders Affected

U.S. Citizens: Eligible voters, particularly those registering anew or voting absentee, who must provide proof; naturalized citizens benefit from DHS notifications.
Non-Citizens: Immigrants and aliens (non-citizens, including legal residents) are targeted to prevent illegal registration or voting, with risks of investigation and removal.
Election Officials: State and local administrators responsible for implementation, verification, and removals.
Federal Agencies: DHS (via SAVE and naturalization notices), EAC (guidance and forms), SSA (verification), and others for data-sharing.
Voter Advocacy Groups: Organizations focused on access (e.g., for minorities or disabled) versus those emphasizing security (e.g., on fraud prevention).

Notable Legal, Constitutional, or Political Implications

Legal: Expands private lawsuits under NVRA for improper registrations and adds penalties, potentially leading to more litigation; integrates immigration tools (SAVE) into elections, raising data privacy concerns under laws like the Privacy Act.
Constitutional: May face challenges under the 14th Amendment's equal protection clause if seen as unduly burdening voting rights (a fundamental right), or under the Elections Clause (Article I, Section 4) for federal overreach into state processes; preserves provisional voting to avoid disenfranchisement claims.
Political: Promotes "election integrity" by addressing non-citizen voting fears, but could be viewed as altering access in ways that affect turnout demographics; requires swift EAC action, bypassing typical review periods for urgency.

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 (48)

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

Recent Actions

2026-01-29: Read twice and referred to the Committee on Rules and Administration.
2026-01-29: Introduced in Senate

Bill Versions

Safeguard American Voter Eligibility Act — issued 2026-01-29 — PDF (29 pages)