SAVE Act
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Would require every person applying to register to vote in a federal election to present documentary proof of U.S. citizenship, amending the National Voter Registration Act of 1993 to impose new duties on states, election officials, and federal agencies — and creating criminal penalties and private lawsuits for violations.
The bill would mark the most significant change to federal voter registration law in decades, touching every registration pathway — motor vehicle agencies, mail applications, and in-person offices — and directing states to build ongoing programs to identify and remove noncitizens from voter rolls.
What this bill would do
What it would do
The bill would amend the National Voter Registration Act of 1993 to prohibit states from accepting or processing any voter registration application for a federal election unless the applicant presents documentary proof of U.S. citizenship. Acceptable documents would include REAL ID-compliant identification showing citizenship, a valid U.S. passport, a military ID paired with a birth-in-the-U.S. service record, or a government-issued photo ID combined with a certified birth certificate, adoption decree, naturalization certificate, or similar document. States would also have to establish an alternative process for applicants who cannot produce standard documents, allowing them to submit other evidence and sign a penalty-of-perjury attestation while a state or local official makes a citizenship determination.
States would be required within 30 days of enactment to establish programs identifying noncitizens on voter rolls using data from DHS, the Social Security Administration, and state agencies, and must remove confirmed noncitizens from those rolls. The bill would add criminal penalties for election officials who register applicants lacking the required proof and for executive branch employees who assist noncitizens in attempting to register. It would also expand the existing private right of action under the NVRA to allow suits against officials who register unqualified applicants. The Election Assistance Commission would be required to issue implementation guidance to states within 10 days of enactment. The bill would apply only to registration applications submitted on or after the date of enactment.
Key provisions
- 1Would prohibit states from accepting or processing any voter registration application for a federal election unless the applicant presents documentary proof of U.S. citizenship at the time of application.
- 2Would define acceptable documentary proof of citizenship, including REAL ID-compliant IDs indicating citizenship, U.S. passports, military IDs with birth records, and government photo IDs combined with birth certificates or naturalization documents.
- 3Would require states to establish an alternative process allowing applicants without standard documents to submit other evidence and sign a penalty-of-perjury attestation, with a state or local official making the citizenship determination.
- 4Would require each state to establish a program within 30 days of enactment to identify noncitizens on voter rolls using DHS, SSA, and state agency data, and to remove confirmed noncitizens from those rolls.
- 5Would require federal agencies to provide citizenship-verification information to state election officials within 24 hours of a request, at no charge, and would require DHS to investigate potential removal proceedings for noncitizens found unlawfully registered.
- 6Would add criminal penalties for election officials who register applicants without required proof and for executive branch employees who assist noncitizens in attempting to register to vote in federal elections.
- 7Would expand the NVRA's private right of action to allow lawsuits specifically against election officials who register applicants lacking documentary proof of citizenship.
Who would be affected
All individuals applying to register to vote in federal elections going forward — including first-time registrants and people who move and re-register. State and local election officials, motor vehicle agencies, and public assistance offices acting as voter registration agencies would face new processing and documentation requirements. The Election Assistance Commission would be required to update forms, issue guidance, and develop a uniform affidavit. DHS and the Social Security Administration would be required to respond to state citizenship-verification requests within 24 hours at no charge.
Why it matters
Every future voter registration applicant for federal elections would need to produce specific citizenship documents, creating a new step that supporters say ensures election integrity and critics argue could delay or block registration for eligible citizens who lack ready access to passports or certified birth certificates. Election officials would face new criminal exposure and civil liability for processing applications without required proof. States would face tight timelines to build new verification infrastructure and cross-check voter rolls against federal databases.
What would change
Changes to existing law
Amends National Voter Registration Act of 1993 (52 U.S.C. 20502) (Sec. 2(a))
Adds a statutory definition of 'documentary proof of United States citizenship' listing specific acceptable documents.
Amends National Voter Registration Act of 1993 (52 U.S.C. 20503) (Sec. 2(b))
Prohibits states from accepting voter registration applications for federal elections without documentary proof of citizenship.
Amends National Voter Registration Act of 1993 (52 U.S.C. 20507) (Sec. 2(f))
Adds requirements for states to identify and remove noncitizens from voter rolls, establishes federal data-sharing obligations, and requires DHS to investigate potential removal proceedings.
Amends National Voter Registration Act of 1993 (52 U.S.C. 20510) (Sec. 2(i))
Expands the private right of action to cover suits against election officials who register applicants lacking documentary proof of citizenship.
Amends National Voter Registration Act of 1993 (52 U.S.C. 20511) (Sec. 2(j))
Adds criminal penalties for registering applicants without required proof and for executive branch employees who assist noncitizens in attempting to register.
Amends Paperwork Reduction Act (44 U.S.C. ch. 35, subch. I) (Sec. 4)
Exempts development or modification of voter registration materials under the NVRA, including application forms, from Paperwork Reduction Act requirements.
Agencies directed to act
Effective dates
- The entire Act and all amendments take effect and apply to applications submitted on or after this date.
- Election Assistance Commission must adopt and transmit implementation guidance to states.
- States must establish noncitizen identification programs to verify and maintain voter roll integrity.
- Currently-exempt states (e.g., same-day registration states) must adopt identical requirements by law or regulation to preserve their exemption.
How implementation would work
The Election Assistance Commission would issue implementation guidance to all state chief election officials within 10 days of enactment and develop a uniform affidavit for officials who approve registrants under the alternative process. States would update registration procedures at all NVRA-covered agencies — motor vehicle offices, public assistance agencies, and others — to collect and record citizenship documents. Within 30 days, states would stand up programs cross-checking voter rolls against DHS SAVE system data, Social Security number verification, and state ID databases. Federal agencies would be required to respond to state verification requests within 24 hours, free of charge, including providing batch information. DHS would be required to investigate potential removal proceedings whenever a verified noncitizen is found on a voter roll.
Legislative status & sources
Latest action
Received in the Senate.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires individuals to provide documentary proof of U.S. citizenship when registering to vote in federal elections.
Specifically, the bill prohibits states from accepting and processing an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship. The bill specifies what documents are considered acceptable proof of U.S. citizenship, such as identification that complies with the REAL ID Act of 2005 that indicates U.S. citizenship.
Further, the bill (1) prohibits states from registering an individual to vote in a federal election unless, at the time the individual applies to register to vote, the individual provides documentary proof of U.S. citizenship; and (2) requires states to establish an alternative process under which an applicant may submit other evidence to demonstrate U.S. citizenship.
Each state must take affirmative steps on an ongoing basis to ensure that only U.S. citizens are registered to vote, which shall include establishing a program to identify individuals who are not U.S. citizens using information supplied by certain sources.
Additionally, states must remove noncitizens from their official lists of eligible voters.
The bill allows for a private right of action against an election official who registers an applicant to vote in a federal election who fails to present documentary proof of U.S. citizenship.
The bill establishes criminal penalties for certain offenses, including registering an applicant to vote in a federal election who fails to present documentary proof of U.S. citizenship.
Legislative subjects
Citizenship and naturalization; Civil actions and liability; Criminal procedure and sentencing; Election Assistance Commission; Elections, voting, political campaign regulation; Government Operations and Politics; Government information and archives; Immigration status and procedures; Licensing and registrations; Postal service; State and local government operations; Voting rights