SAVE Act
The Safeguard American Voter Eligibility Act (SAVE Act) would overhaul the National Voter Registration Act of 1993 by requiring documentary proof of United States citizenship for all registrations to vote in federal elections. It expands the types of acceptable citizenship-proof documents, creates new processes for individuals who cannot provide proof, and broadens verification and enforcement mechanisms (including potential removal of noncitizens from voter rolls). The bill also directs federal guidance, narrows the scope of forms and processes to emphasize citizenship verification, and provides a framework for states to adopt similar requirements. It would take effect on enactment and apply to registrations submitted on or after that date, with a limited pathway for states to adopt comparable requirements before certain elections. In short, the SAVE Act seeks to ensure that only U.S. citizens are registered to vote in federal elections by mandating documentary proof, expanding verification avenues (including interagency data-sharing), and imposing new duties and penalties on officials and agencies involved in voter registration.
Key Points
- 1Documentary proof of U.S. citizenship required for federal voter registration
- 2- Defines allowed documents, including REAL ID-compliant IDs, a valid U.S. passport, certain forms of military and government IDs with U.S. birthplace, and a robust list of birth/citizenship evidence (birth certificates, hospital records, adoption decrees, CRBA, naturalization certificates, etc.).
- 3New processes for those without documentary proof
- 4- If an applicant cannot provide proof, states may allow an attestation under penalty of perjury plus other supporting evidence, with an official affidavit verifying citizenship eligibility before registering.
- 5- States must establish processes for resolving discrepancies and for acquiring additional documentation as needed.
- 6Expanded verification and data-sharing authorities
- 7- States may use information from DHS (SAVE system), SSA (SSN verification), state agencies, and other sources to verify citizenship status.
- 8- Federal agencies would assist by sharing relevant information and DHS would conduct investigations if an alien is unlawfully registered.
- 9Enforcement, penalties, and removal
- 10- New penalties for officials who assist noncitizens to register or vote, and for individuals who register without proper proof.
- 11- States would have a duty to remove noncitizens from official voter rolls upon receipt of documentation or verified information of noncitizenship.
- 12- Private rights of action are preserved to enforce compliance.
- 13Implementation, scope, and flexibility
- 14- The Election Assistance Commission must issue guidance within 10 days of enactment.
- 15- Paperwork Reduction Act would not apply to voter registration materials created or modified under this bill.
- 16- States may adopt identical requirements within 60 days before the first federal election after enactment, preserving a pathway to begin implementing these rules sooner in some cases.
- 17Administrative and governance details
- 18- DHS must notify state election officials upon naturalization.
- 19- The act clarifies that nothing about the SAVE Act overrides provisional ballots or other federal/state exemptions unrelated to NVRA.
- 20- Effective date is immediate; applies to registrations submitted on or after enactment.