Safeguard American Voter Eligibility Act or the SAVE Act
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.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 128
To amend the National Voter Registration Act of 1993 to require proof
of United States citizenship to register an individual to vote in
elections for Federal office, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2025
Mr. Lee (for himself, Mr. Cruz, Mr. Tillis, Mr. Cotton, Mr. Cramer, Mr.
Kennedy, Mr. Graham, Mr. Tuberville, Ms. Lummis, Mr. Johnson, Mr.
Cornyn, Mr. Crapo, Mr. Hoeven, Mr. Schmitt, Mr. Risch, and Mr.
Sullivan) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 to require proof
of United States citizenship to register an individual to vote in
elections for Federal office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard American Voter Eligibility
Act'' or the ``SAVE Act''.
SEC. 2. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS FOR
FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C.
20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As used in
this Act, the term `documentary proof of United States citizenship'
means, with respect to an applicant for voter registration, any of the
following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a
State, a unit of local government in a State, or a
Tribal government which--
``(i) was issued by the State, unit of
local government, or Tribal government in which
the applicant was born;
``(ii) was filed with the office
responsible for keeping vital records in the
State;
``(iii) includes the full name, date of
birth, and place of birth of the applicant;
``(iv) lists the full names of one or both
of the parents of the applicant;
``(v) has the signature of an individual
who is authorized to sign birth certificates on
behalf of the State, unit of local government,
or Tribal government in which the applicant was
born;
``(vi) includes the date that the
certificate was filed with the office
responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of
local government, or Tribal government that
issued the birth certificate.
``(B) An extract from a United States hospital
Record of Birth created at the time of the applicant's
birth which indicates that the applicant's place of
birth was in the United States.
``(C) A final adoption decree showing the
applicant's name and that the applicant's place of
birth was in the United States.
``(D) A Consular Report of Birth Abroad of a
citizen of the United States or a certification of the
applicant's Report of Birth of a United States citizen
issued by the Secretary of State.
``(E) A Naturalization Certificate or Certificate
of Citizenship issued by the Secretary of Homeland
Security or any other document or method of proof of
United States citizenship issued by the Federal
government pursuant to the Immigration and Nationality
Act.
``(F) An American Indian Card issued by the
Department of Homeland Security with the classification
`KIC'.''.
(b) In General.--Section 4 of the National Voter Registration Act
of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of United
States Citizenship.--Under any method of voter registration in a State,
the State shall not accept and process an application to register to
vote in an election for Federal office unless the applicant presents
documentary proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle Driver's
License.--Section 5 of the National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting ``Subject
to the requirements under section 8(j), each State motor
vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of
the United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement that
the applicant provides documentary proof of United States
citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States Citizenship With
National Mail Voter Registration Form.--Section 6 of the National Voter
Registration Act of 1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use''
and inserting ``Subject to the requirements under
section 8(j), each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take such
steps as may be necessary to ensure that residents of the State
are aware of the requirement to provide documentary proof of
United States citizenship to register to vote in elections for
Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the person did not provide documentary proof
of United States citizenship when registering to
vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of
United States citizenship in person to the office of
the appropriate election official not later than the
deadline provided by State law for the receipt of a
completed voter registration application for the
election; or
``(B) in the case of a State which permits an
individual to register to vote in an election for
Federal office at a polling place on the day of the
election and on any day when voting, including early
voting, is permitted for the election, the applicant
presents documentary proof of United States citizenship
to the appropriate election official at the polling
place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2) of
subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that reasonable
accommodations are made to allow an individual with a
disability who submits the mail voter registration application
form prescribed by the Election Assistance Commission pursuant
to section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a) to present documentary proof of United States
citizenship to the appropriate election official.''.
(e) Requirements for Voter Registration Agencies.--Section 7 of the
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the
following new clause:
``(iv) Receipt of documentary proof of United
States citizenship of each applicant to register to
vote in elections for Federal office in the State.'';
and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking
``(including citizenship)'' and inserting ``,
including the requirement that the applicant
provides documentary proof of United States
citizenship''; and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?' and if the applicant answers in the
affirmative require documentary proof of United States
citizenship prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the
requirements of subsection (j), in the administration
of voter registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or''
at the end; and
(ii) by adding at the end the following new
subparagraphs:
``(D) based on documentary proof or verified
information that the registrant is not a United States
citizen; or
``(E) the registration otherwise fails to comply
with applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered To Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the individual
provides documentary proof of United States citizenship.
``(2) Additional processes in certain cases.--
``(A) Process for those without documentary
proof.--
``(i) In general.--Subject to any relevant
guidance adopted by the Election Assistance
Commission, each State shall establish a
process under which an applicant who cannot
provide documentary proof of United States
citizenship under paragraph (1) may, if the
applicant signs 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.
``(ii) Affidavit requirement.--If a State
or local official makes a determination under
clause (i) that an applicant has sufficiently
established United States citizenship for
purposes of registering to vote in elections
for Federal office in the State, such
determination shall be accompanied by an
affidavit developed under clause (iii) signed
by the official swearing or affirming the
applicant sufficiently established United
States citizenship for purposes of registering
to vote.
``(iii) Development of affidavit by the
election assistance commission.--The Election
Assistance Commission shall develop a uniform
affidavit for use by State and local officials
under clause (ii), which shall--
``(I) include an explanation of the
minimum standards required for a State
or local official to register an
applicant who cannot provide
documentary proof of United States
citizenship to vote in elections for
Federal office in the State; and
``(II) require the official to
explain the basis for registering such
applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance
adopted by the Election Assistance Commission, each
State shall establish a process under which an
applicant can provide such additional documentation to
the appropriate election official of the State as may
be necessary to establish that the applicant is a
citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary
proof of United States citizenship.
``(3) State requirements.--Each State shall take
affirmative steps on an ongoing basis to ensure that only
United States citizens are registered to vote under the
provisions of this Act, which shall include the establishment
of a program described in paragraph (4) not later than 30 days
after the date of the enactment of this subsection.
``(4) Program described.--A State may meet the requirements
of paragraph (3) by establishing a program under which the
State identifies individuals who are not United States citizens
using information supplied by one or more of the following
sources:
``(A) The Department of Homeland Security through
the Systematic Alien Verification for Entitlements
(`SAVE') or otherwise.
``(B) The Social Security Administration through
the Social Security Number Verification Service, or
otherwise.
``(C) State agencies that supply State
identification cards or driver's licenses where the
agency confirms the United States citizenship status of
applicants.
``(D) Other sources, including databases, which
provide confirmation of United States citizenship
status.
``(5) Availability of information.--
``(A) In general.--At the request of a State
election official (including a request related to a
process established by a State under paragraph (2)(A)
or (2)(B)), any head of a Federal department or agency
possessing information relevant to determining the
eligibility of an individual to vote in elections for
Federal office shall, not later than 24 hours after
receipt of such request, provide the official with such
information as may be necessary to enable the official
to verify that an applicant for voter registration in
elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a
citizen of the United States, which shall include
providing the official with such batched information as
may be requested by the official.
``(B) Use of save system.--The Secretary of
Homeland Security may respond to a request received
under paragraph (1) by using the system for the
verification of immigration status under the applicable
provisions of section 1137 of the Social Security Act
(42 U.S.C. 1320b-7), as established pursuant to section
121(c) of the Immigration Reform and Control Act of
1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with
each other with respect to an individual who is the
subject of a request received under paragraph (A) in
order to enable them to respond to the request.
``(D) Investigation for purposes of removal.--The
Secretary of Homeland Security shall conduct an
investigation to determine whether to initiate removal
proceedings under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) if it is determined
pursuant to subparagraph (A) or (B) that an alien (as
such term is defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)) is unlawfully
registered to vote in elections for Federal office.
``(E) Prohibiting fees.--The head of a Federal
department or agency may not charge a fee for
responding to a State's request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A State
shall remove an individual who is not a citizen of the United States
from the official list of eligible voters for elections for Federal
office held in the State at any time upon receipt of documentation or
verified information that a registrant is not a United States
citizen.''.
(g) Clarification of Authority of State To Remove Noncitizens From
Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by adding ``or'' at the end of subparagraph
(B); and
(C) by adding at the end the following new
subparagraph:
``(C) documentary proof or verified information
that the registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter Registration
Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an
explanation of what is required to present documentary
proof of United States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document, and
any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as
amended by paragraph (1)(C)), by striking ``; and'' and
inserting the following: ``, other than as evidence in
a criminal proceeding or immigration proceeding brought
against an applicant who attempts to register to vote
and makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements
to register to vote in an election for Federal office;
and''.
(i) Private Right of Action.--Section 11(b)(1) of the National
Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by
striking ``a violation of this Act'' and inserting ``a violation of
this Act, including the act of an election official who registers an
applicant to vote in an election for Federal office who fails to
present documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C.
20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in
an election for Federal office;
``(C) registering an applicant to vote in an
election for Federal office who fails to present
documentary proof of United States citizenship; or''.
(k) Applicability of Requirements to Certain States.--
(1) In general.--Subsection (c) of section 4 of the
National Voter Registration Act of 1993 (52 U.S.C. 20503), as
redesignated by subsection (b), is amended by striking ``This
Act does not apply to a State'' and inserting ``Except with
respect to the requirements under subsection (j) and (k) of
section 8 in the case of a State described in paragraph (2),
this Act does not apply to a State''.
(2) Permitting states to adopt requirements after
enactment.--Section 4 of such Act (52 U.S.C. 20503) is amended
by adding at the end the following new subsection:
``(d) Permitting States To Adopt Certain Requirements After
Enactment.--Subsections (j) and (k) of section 8 shall not apply to a
State described in subsection (c)(2) if the State, by law or
regulation, adopts requirements which are identical to the requirements
under such subsections not later than 60 days prior to the date of the
first election for Federal office which is held in the State after the
date of the enactment of the SAVE Act.''.
SEC. 3. ELECTION ASSISTANCE COMMISSION GUIDANCE.
Not later than 10 days after the date of the enactment of this Act,
the Election Assistance Commission shall adopt and transmit to the
chief State election official of each State guidance with respect to
the implementation of the requirements under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by
section 2.
SEC. 4. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
Subchapter I of chapter 35 of title 44 (commonly referred to as the
``Paperwork Reduction Act'') shall not apply with respect to the
development or modification of voter registration materials under the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as
amended by section 2, including the development or modification of any
voter registration application forms.
SEC. 5. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY ELECTION
OFFICIALS OF NATURALIZATION.
Upon receiving information that an individual has become a
naturalized citizen of the United States, the Secretary of Homeland
Security shall promptly provide notice of such information to the
appropriate chief election official of the State in which such
individual is domiciled.
SEC. 6. RULE OF CONSTRUCTION REGARDING PROVISIONAL BALLOTS.
Nothing in this Act or in any amendment made by this Act may be
construed to supercede, restrict, or otherwise affect the ability of an
individual to cast a provisional ballot in an election for Federal
office or to have the ballot counted in the election if the individual
is verified as a citizen of the United States pursuant to section 8(j)
of the National Voter Registration Act of 1993 (as added by section
2(f)).
SEC. 7. RULE OF CONSTRUCTION REGARDING EFFECT ON STATE EXEMPTIONS FROM
OTHER FEDERAL LAWS.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the exemption of a State from any requirement of
any Federal law other than the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.).
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, and shall apply with respect to
applications for voter registration which are submitted on or after
such date.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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