House Passes SAVE Act: Proof of Citizenship Required to Vote

Legislation Targets Noncitizen Voting

On April 9, the U.S. House of Representatives passed the Safeguard American Voter Eligibility Act, known as the SAVE Act, with a vote of 220-208. This bill mandates that individuals provide proof of U.S. citizenship to register to vote in federal elections, aiming to ensure that only American citizens participate in choosing national leaders. Four Democrats joined Republicans in supporting the measure, highlighting a rare bipartisan effort to address election integrity concerns amid a contentious political climate.

The SAVE Act requires voters to present documents such as a U.S. passport, a birth certificate, or a government-issued photo ID indicating citizenship when registering. States must also verify citizenship through federal databases and remove noncitizens from voter rolls, a process designed to close loopholes that some fear could allow illegal immigrants to influence election outcomes. With the legislation now headed to the Senate, its passage marks a significant step toward tightening voter registration rules ahead of future federal elections.

Origins and Urgency of the SAVE Act

The SAVE Act was reintroduced in the 119th Congress on January 3 as H.R. 22, following its initial passage in July of the previous year by a vote of 221-198. That earlier effort, led by Representative Chip Roy of Texas and backed by House Speaker Mike Johnson, stalled in the Senate, prompting renewed action in the current session. Supporters argue that the bill addresses a pressing need to safeguard elections, especially as border security remains a hot-button issue with millions of illegal crossings reported in recent years.

The urgency of the legislation stems from incidents where noncitizens were found on voter rolls, albeit in small numbers. For instance, Ohio Secretary of State Frank LaRose identified 137 suspected noncitizens among 8 million registered voters, while Georgia’s audit uncovered 1,634 attempted registrations by noncitizens over 25 years—all caught before votes were cast. These cases fuel the push for stricter rules, with proponents asserting that even rare instances undermine public trust in the electoral process.

House Speaker Mike Johnson emphasized the bill’s importance during floor debates, calling it ‘one of the most critical votes’ members would take. He argued that the current system, which relies on self-attestation of citizenship under penalty of perjury, lacks sufficient safeguards against potential abuse. The SAVE Act’s reintroduction reflects a determination to act decisively before the next election cycle ramps up.

Key Provisions Strengthen Enforcement

The SAVE Act amends the National Voter Registration Act of 1993, imposing uniform standards across states. Beyond requiring documentary proof of citizenship, it mandates that states establish programs to cross-check voter rolls with data from the Department of Homeland Security and Social Security Administration. This proactive approach aims to identify and remove ineligible voters before they can cast ballots, shifting the burden of verification from individuals to state officials.

Another provision allows private citizens to sue election officials who register voters without proper citizenship documentation, adding a layer of accountability. The bill also sets criminal penalties for officials who knowingly violate these rules, with fines and potential jail time as deterrents. States are further required to assist naturalized citizens by notifying them of their eligibility to vote once citizenship is confirmed, ensuring legal immigrants can exercise their rights without delay.

For voters lacking immediate access to passports or birth certificates, the legislation permits states to create alternative processes, such as submitting other evidence of citizenship with a sworn affidavit. This flexibility aims to balance strict enforcement with accessibility, though critics have raised concerns about its practicality in rural areas or for those who have changed names due to marriage. Regardless, the bill’s architects see it as a necessary framework to protect the integrity of federal elections.

Border Crisis Fuels Election Concerns

The SAVE Act’s passage coincides with heightened scrutiny of U.S. border policies, where over 1.6 million ‘gotaways’—individuals who evaded Border Patrol—were recorded between Fiscal Year 2021 and Fiscal Year 2023. This statistic, coupled with broader illegal immigration totals exceeding 7 million during the same period, has amplified fears that noncitizens could infiltrate voter rolls. While no widespread evidence exists of noncitizens swaying federal elections, the sheer volume of border activity has bolstered the case for preemptive measures like the SAVE Act.

Texas Attorney General Ken Paxton underscored this link in a letter to the Senate last year, warning that the ‘disaster’ at the border ‘opened the door to abuse of our electoral system.’ He urged swift passage of the bill to prevent what he called the ‘effective disenfranchisement of citizens’ by ensuring only legal voters participate. The House’s action on April 9 reflects a response to these concerns, positioning election security as a frontline defense against perceived threats to national sovereignty.

Senate Battle Looms Ahead

Despite its success in the House, the SAVE Act faces an uphill battle in the Senate, where Republicans hold a slim majority. The bill requires 60 votes to overcome a filibuster, meaning at least seven Democrats would need to cross party lines—a tall order given that 208 Democrats opposed it in the House. Senate Democrats previously blocked the measure three times last year, signaling strong resistance to what they view as unnecessary restrictions on voter access.

Republican Senator Mike Lee, an original co-sponsor, has vowed to fight for its passage, arguing that ‘every Senate Republican supports it.’ He pointed to the House’s bipartisan vote as evidence of its merit, urging colleagues to prioritize election integrity over partisan divides. If the Senate fails to act, House leaders may attach the SAVE Act to must-pass legislation, such as a spending bill, to force a resolution before the year ends.

The timing adds pressure, with midterm elections approaching in 2026 and public confidence in elections still shaky after years of disputes. Advocates see the SAVE Act as a chance to restore trust by ensuring that only American citizens decide America’s future, while its fate in the Senate will test the GOP’s ability to deliver on a core promise to its base.

States Already Moving Forward

Even as Congress debates, some states aren’t waiting for federal action. Arizona has enforced proof-of-citizenship requirements since 2004, though a Supreme Court ruling limits it to state elections. Louisiana and New Hampshire recently passed similar laws, while Texas and Michigan are considering their own versions. These efforts reflect a growing movement to tighten voter eligibility rules at the state level, often in response to local concerns about immigration and election security.

In Georgia, Secretary of State Brad Raffensperger’s 2022 audit found no successful noncitizen votes among 8.2 million ballots cast, yet he still supports stronger safeguards. ‘It’s a crime that’s hard to catch after the fact,’ he said, backing the SAVE Act as a proactive solution. These state-level actions provide a blueprint—and a preview—of what the SAVE Act could achieve nationwide if it clears the Senate hurdle.