A new bill, H.R. 22, also known as the “Safeguard American Voter Eligibility (SAVE) Act,” is generating significant discussion and controversy across the nation. Introduced in the House of Representatives on January 3, 2025, by Chip Roy (TX-21), the bill seeks to amend the National Voter Registration Act of 1993 by requiring documentary proof of U.S. citizenship for voter registration.

Federal law prohibits non-citizens from voting in federal elections under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Violations can lead to fines, imprisonment, or deportation. States also employ measures such as cross-checking voter rolls against citizenship records to prevent non-citizen voting.

Key Provisions of the SAVE Act

The SAVE Act mandates that all American citizens registering to vote or updating their registration information present documentary proof of citizenship in person. Acceptable forms of documentation would primarily include a passport or birth certificate. Government-issued driver’s licenses (even REAL IDs), military IDs, or tribal IDs would not meet the bill’s requirements.

The proposed legislation aims to shift the responsibility of verifying voter eligibility from election officials to individual citizens, requiring them to proactively prove their citizenship to exercise their right to vote.

Potential Impacts and Concerns

Critics of the SAVE Act argue that it could disenfranchise millions of eligible voters and create significant barriers to civic participation. Key concerns include:

• Limited Passport Ownership: Approximately 146 million Americans do not possess a valid passport. Passport ownership is disproportionately lower in traditionally red states and among working-class and lower-income Americans. Only 1 in 4 Americans with a high school degree or less have a valid passport, and only 1 in 5 Americans with income below $50,000 have a valid passport.
• Surname Changes: A significant number of women who change their surname upon marriage, potentially as many as 69 million, may face challenges using their birth certificates to prove citizenship, as the SAVE Act does not explicitly address name change documentation.
• Restrictions on Voter Registration Methods: The SAVE Act could effectively eliminate online voter registration, mail-in registration applications, and voter registration drives, impacting a significant portion of the population. In the 2022 cycle, 10.8 million Americans used online registration, and 7.3 million registered by mail, email, or fax.
• Overburdening Election Offices: With the elimination of alternative registration methods, election offices could be overwhelmed by citizens needing to register or update their information in person. In the 2022 cycle, only 5.9% of Americans registered or updated their registration in person at an election office.
• Impact on Automatic Voter Registration: Automatic voter registration (AVR) systems administered through motor vehicle agencies and other state agencies would be severely affected.

Arguments in Favor of the SAVE Act

Proponents of the SAVE Act argue that it is a necessary measure to safeguard the integrity of elections and prevent non-citizens from voting. The bill includes provisions designed to ensure that only eligible citizens participate in federal elections.

The Act includes a process for those without documentary proof, where an applicant may sign an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State.

Contradiction Regarding REAL IDs

While the bill initially states that a REAL ID can be used as proof, it also notes that no state’s REAL ID indicates citizenship status, and legally residing noncitizens can obtain a REAL ID, creating a contradiction in the bill’s language.

The National Voter Registration Act of 1993

The National Voter Registration Act of 1993 (NVRA), also known as the “Motor Voter Act,” was enacted with the primary goal of increasing voter registration and participation in federal elections while maintaining the integrity of the electoral process. Its main objectives included:

1. Expanding Voter Registration Opportunities:
   • The NVRA required states to offer voter registration opportunities at motor vehicle agencies (hence the nickname “Motor Voter”) and other public offices, such as those providing public assistance or services to individuals with disabilities.
   • It also introduced a federal mail-based voter registration form and required states to accept applications submitted by mail.

2. Maintaining Accurate and Current Voter Rolls:
   • States were mandated to implement programs to maintain accurate voter registration lists, ensuring they are updated and free of ineligible voters due to death, relocation, or other disqualifying factors. However, safeguards were included to prevent discriminatory practices during list maintenance.

3. Protecting Voter Rights:
   • The NVRA prohibited removing voters from registration rolls solely for not voting and ensured that removal processes were uniform, non-discriminatory, and compliant with the Voting Rights Act.
   • It also protected voters’ personal information from public disclosure while maintaining transparency about voter eligibility.

4. Enhancing Participation:
   • By simplifying and standardizing voter registration processes, the NVRA aimed to make it easier for eligible citizens to register and participate in elections, particularly those interacting with government agencies like DMVs.

Key Impacts of NVRA

1. Increased Registration: In 1996, just a few years after the NVRA’s implementation, the total number of registered voters nationwide reached 142,995,856, representing 72.77% of the Voting Age Population (VAP). This was the highest percentage of voter registration since reliable records began in 1960.
2. Registration Transactions: During 1995 and 1996 alone, there were 41,452,428 registration applications or transactions processed nationwide. Of these, about two-thirds (27,485,055) represented new transactions.

Prior to NVRA

Before the National Voter Registration Act of 1993, voter registration procedures in the United States varied significantly from state to state, and were often more restrictive and less accessible than they are today. 

• State-Specific Requirements: Each state had its own set of rules and regulations regarding voter registration, leading to a patchwork of different systems across the country.
• In-Person Registration: Many states required voters to register in person at designated government offices, such as county election offices or departments of motor vehicles. This could be inconvenient for individuals who had difficulty traveling or who had limited time to visit these offices.
• Limited Registration Opportunities: Registration was often limited to certain times of the year, with deadlines well in advance of elections. This made it difficult for people who moved or became eligible to vote shortly before an election to register in time.
• Purges of Voter Rolls: Some states regularly purged their voter rolls, removing individuals who had not voted in recent elections or who had moved without notifying the election authorities. This could lead to eligible voters being disenfranchised.
• Lack of Uniformity: There was a lack of uniformity in registration forms and procedures, making it confusing for voters who moved from one state to another.
• Lower Voter Turnout: Cumbersome registration procedures were seen as a barrier to voting, contributing to lower voter turnout rates, particularly among certain demographic groups such as low-income individuals and minorities.