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Here’s what’s in Trump’s SAVE America Act the hill
Supporters say the measure would strengthen election integrity and restore trust in the voting process. But critics argue there is little evidence of widespread fraud and warn the requirement could make it harder for eligible Americans to vote.
Here’s what’s in the SAVE America Act:
The bill lists several acceptable forms of proof, including a valid U.S. passport, a military ID paired with a record showing a U.S. birthplace, and a government-issued photo ID listing the person’s place of birth.
REAL ID-compliant identification would also suffice in the handful of U.S. states that require proof of citizenship to obtain those IDs. Most states do not.
Applicants could also pair a government-issued photo ID with additional documentation showing citizenship, such as a certified birth certificate, a hospital birth record, an adoption decree showing a U.S. birth, a Consular Report of Birth Abroad, or a certificate of naturalization or citizenship.
The legislation also requires that states establish processes for resolving discrepancies in documentation. For example, people who have changed their name legally — after marriage or otherwise — could provide additional documentation or sign an affidavit to verify the name change.
States would also be required to create a process allowing applicants who cannot provide documentary proof of citizenship to submit other evidence of citizenship and sign an attestation under penalty of perjury. A state or local official would then be required to determine whether the evidence provided was sufficient.
As of now, applicants must attest to being a U.S. citizen, under penalty of perjury, but are not required to submit documentation in order to vote.
Acceptable forms of ID include state-issued driver’s licenses, valid U.S. passports, valid military IDs and valid tribal IDs with a photo and expiration date.
Those who arrive at the polls without photo ID could still cast a provisional ballot but would need to present a valid ID within three days for the vote to count. Individuals may also sign an affidavit saying they have a religious objection to being photographed.
The photo ID requirement would also change the way voters cast ballots by mail. Those who submit ballots by mail would be required to submit a copy of their valid photo ID. Otherwise, they must provide the last four digits of their Social Security number, along with a signed affidavit saying they could not obtain a copy of their ID despite making reasonable efforts.
These requirements would not apply to certain military and overseas voters.
Today, there is no national photo ID requirement to vote, though many states individually require some form of identification.
Within 30 days of the bill’s enactment, states would be required to submit their voter registration lists to the Department of Homeland Security, which would compare it against its Systematic Alien Verification for Entitlements (SAVE) database, which is intended to track immigration and citizenship status.
Individuals flagged as potential noncitizens would be notified by their states and would be required to present proof of citizenship. If they cannot verify their citizenship status, they will be removed from the voter rolls.
States would also be permitted to use other sources of information, like state driver’s license databases and certain Social Security data, to identify potential noncitizens on their voter registration lists.
Election officials who register an applicant to vote without the required proof of citizenship could face criminal penalties under the SAVE America Act.
The legislation would also make it a crime for executive branch officials to knowingly provide material assistance to any noncitizens trying to register or vote in a federal election.
The bill looks to hold officials accountable by giving individuals the ability to file lawsuits against election officials who register voters without the required documentary proof of citizenship.
The federal government would also investigate people suspected of unlawfully registering to vote, and noncitizens found to have violated the law could face deportation proceedings.
Supporters say the measure would strengthen election integrity and restore trust in the voting process. But critics argue there is little evidence of widespread fraud and warn the requirement could make it harder for eligible Americans to vote.
Here’s what’s in the SAVE America Act:
Proof of citizenship to register
The legislation would require people registering to vote in federal elections to present documentary proof of citizenship that either includes a photo or is paired with government-issued photo identification.The bill lists several acceptable forms of proof, including a valid U.S. passport, a military ID paired with a record showing a U.S. birthplace, and a government-issued photo ID listing the person’s place of birth.
REAL ID-compliant identification would also suffice in the handful of U.S. states that require proof of citizenship to obtain those IDs. Most states do not.
Applicants could also pair a government-issued photo ID with additional documentation showing citizenship, such as a certified birth certificate, a hospital birth record, an adoption decree showing a U.S. birth, a Consular Report of Birth Abroad, or a certificate of naturalization or citizenship.
The legislation also requires that states establish processes for resolving discrepancies in documentation. For example, people who have changed their name legally — after marriage or otherwise — could provide additional documentation or sign an affidavit to verify the name change.
States would also be required to create a process allowing applicants who cannot provide documentary proof of citizenship to submit other evidence of citizenship and sign an attestation under penalty of perjury. A state or local official would then be required to determine whether the evidence provided was sufficient.
As of now, applicants must attest to being a U.S. citizen, under penalty of perjury, but are not required to submit documentation in order to vote.
Photo ID to vote
The legislation would require voters to present valid photo identification to cast a ballot in federal elections.Acceptable forms of ID include state-issued driver’s licenses, valid U.S. passports, valid military IDs and valid tribal IDs with a photo and expiration date.
Those who arrive at the polls without photo ID could still cast a provisional ballot but would need to present a valid ID within three days for the vote to count. Individuals may also sign an affidavit saying they have a religious objection to being photographed.
The photo ID requirement would also change the way voters cast ballots by mail. Those who submit ballots by mail would be required to submit a copy of their valid photo ID. Otherwise, they must provide the last four digits of their Social Security number, along with a signed affidavit saying they could not obtain a copy of their ID despite making reasonable efforts.
These requirements would not apply to certain military and overseas voters.
Today, there is no national photo ID requirement to vote, though many states individually require some form of identification.
Voter roll reviews for noncitizens
The bill outlines new steps for states to take to ensure only citizens appear on their voter rolls.Within 30 days of the bill’s enactment, states would be required to submit their voter registration lists to the Department of Homeland Security, which would compare it against its Systematic Alien Verification for Entitlements (SAVE) database, which is intended to track immigration and citizenship status.
Individuals flagged as potential noncitizens would be notified by their states and would be required to present proof of citizenship. If they cannot verify their citizenship status, they will be removed from the voter rolls.
States would also be permitted to use other sources of information, like state driver’s license databases and certain Social Security data, to identify potential noncitizens on their voter registration lists.
Penalties for election officials
The bill would impose new enforcement mechanisms related to citizenship requirements.Election officials who register an applicant to vote without the required proof of citizenship could face criminal penalties under the SAVE America Act.
The legislation would also make it a crime for executive branch officials to knowingly provide material assistance to any noncitizens trying to register or vote in a federal election.
The bill looks to hold officials accountable by giving individuals the ability to file lawsuits against election officials who register voters without the required documentary proof of citizenship.
The federal government would also investigate people suspected of unlawfully registering to vote, and noncitizens found to have violated the law could face deportation proceedings.
