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The SAVE Act: What You Need to Know About the Safeguard American Voter Eligibility Act


 
Image of Voter Registration Requirements
SAVE Act: Necessary or Redundant?
 

Before You Read Questions: (1) Is voter fraud a significant problem in the USA? (2) Can noncitizens vote in US Elections?

  • Voter fraud is a significant problem in the USA

  • Voter fraud is not a significant problem in the USA

  • Noncitizens can vote in US Elections

  • Noncitizens cannot vote in US Elections

You can vote for more than one answer.



Introduction

The Safeguard American Voter Eligibility Act (SAVE Act), introduced by Rep. Chip Roy (R-TX), seeks to tighten voter registration requirements by mandating documentary proof of citizenship at the time of registration. The act aims to ensure that only eligible U.S. citizens can register and vote, addressing concerns about noncitizen participation in elections. While the intention is to secure the integrity of the voter rolls, there are more efficient and less restrictive ways to achieve this goal without creating additional barriers for eligible voters.



Citizenship is Already a Requirement to Vote

Current Legal Framework
  • Existing Law: Citizenship is required to vote in federal elections.

  • NVRA (1993): Standardized registration form includes an attestation of citizenship under penalty of perjury.

  • Illegal Immigration Reform and Immigrant Responsibility Act (1996): Explicitly prohibits noncitizens from voting.


Challenges in Proving Citizenship
  • Current Requirements: Attestation under penalty of perjury, state discretion on document requests.

  • SAVE Act Requirements: Mandatory documentary proof of citizenship (e.g., REAL ID, U.S. passport, military ID).


 
SAVE Act Purpose
SAVE Act & What It Attempts to Fix
 

What the SAVE Act Attempts to Fix v. Issues that Actually Exist

Issues the SAVE Act Attempts to Fix
  • Noncitizen Voting: Prevent noncitizens from registering and voting in federal elections.

  • Voter Fraud: Ensure only eligible citizens participate in elections.


Issues that Actually Exist
  • Noncitizen Voting: Extremely rare. Studies and investigations consistently show noncitizen voting does not occur at significant levels.

  • Statistics: A 2014 study found 14 instances of noncitizens voting out of 197 million registered voters in 2008 and 2010.

  • Voter Fraud: Minimal impact. The current system already includes penalties and investigations for false claims of citizenship.

  • Enforcement: States regularly investigate and prosecute cases of voter fraud, ensuring compliance with existing laws.


Comparison of Current and Proposed Requirements
  • Current Requirements:

  • Attestation of citizenship.

  • Perjury penalty for false claims.

  • State discretion on document requests.

  • Proposed Requirements:

  • Mandatory documentary proof of citizenship.

  • Accepted documents: REAL ID, U.S. Passport, Military ID.

  • Immediate implementation.


Impact of the Proposed Changes
  • SAVE Act Impact: Could disenfranchise eligible voters lacking required documents.

  • Statistics: Over 9% of voting-age Americans do not have proof of citizenship readily available.

  • Conclusion: The act may address a non-issue, adding unnecessary barriers.



 
Federal Election Voting Eligibility
Federal Election Voting Eligibility
 


The SAVE Act Needs More Time & Resources to be Implemented Well

Implementation Challenges
  • Process Changes: Significant changes to voter registration and list maintenance.

  • Time and Cost: Implementation could take months or years, with high costs.

  • Immediate Effect: The act becomes effective immediately upon enactment, offering no adjustment period.


Funding Concerns
  • Unfunded Mandate: No financial support provided to states for implementation costs.

  • Administrative Errors: Likelihood of errors and voter confusion if changes occur during an election year.


Alternative Approaches to Improve Voter List Accuracy
REAL ID & Data Sharing
  • REAL ID Act (2005): Sets standards for state-issued IDs, requiring documentation of lawful residence or citizenship.

  • Data Sharing: State DMVs can share applicant information with election offices to verify citizenship.


Federal Eligibility Data

  • SAVE Database: Provides federal, state, and local agencies access to verify citizenship status.

  • Batch Requests: Election officials can submit batch requests for eligibility information, improving list maintenance accuracy.



State Legislatures Are Making Progress on Citizenship & List Maintenance

State-Level Actions

  • Legislation: Several states have enacted laws to solidify citizenship verification for voting.

  • Approaches:

  • Proof of citizenship upon registration.

  • Provisional ballots for citizens without proof.

  • Improved data collaboration with state resources and federal databases.


Examples of State Initiatives

  • Florida and Indiana: Cross-referencing with DMV records.

  • Kentucky, North Carolina, and Oklahoma: Using jury duty exclusion lists.

  • Tennessee: Utilizing data from the Department of Safety and Homeland Security.



Conclusion

Both Democrats and Republicans agree on the importance of ensuring that voter registration processes allow all eligible citizens—and only eligible citizens—to vote. While the SAVE Act aims to enhance the integrity of the voter rolls, there are more effective and less restrictive ways to achieve this goal. By leveraging existing systems like REAL ID and federal eligibility data, we can improve voter list accuracy without imposing additional burdens on eligible voters.

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