No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3752 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3752
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 29, 2026
Mr. Lee (for himself, Mr. Scott of Florida, Mr. Budd, Mr. Banks, and
Mrs. Moody) 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 America 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) Application of Requirements.--Section 4 of the National Voter
Registration Act of 1993 (52 U.S.C. 20503) is amended by striking
subsection (b) and inserting the following:
``(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'';
(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) Special Rule for States Not Requiring Voter Registration.--
Section 4 of the National Voter Registration Act of 1993 (52 U.S.C.
20503), as amended by subsection (b), is amended by adding at the end
the following:
``(c) Special Rule for States Not Requiring Voter Registration.--In
the case of a State or jurisdiction that does not require voter
registration as a requirement to vote in an election for Federal office
on or after the date of the enactment of this subsection, the State or
jurisdiction shall be deemed to meet the requirements of this Act if
the State or jurisdiction establishes a system for confirming the
citizenship of individuals voting in an election for Federal office
prior to the first day for voting with respect to such election and
provides such confirmation of citizenship status for each eligible
voter to election officials at the polling places during the voting
period.''.
(l) 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 this
section.
(m) 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 this
section, including the development or modification of any voter
registration application forms.
(n) 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.
(o) Rule of Construction Regarding Provisional Ballots.--Nothing in
this section or in any amendment made by this section 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 subsection
(f)).
(p) Rule of Construction Regarding Effect on State Exemptions From
Other Federal Laws.--Nothing in this section or in any amendment made
by this section 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.).
(q) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this section,
and shall apply with respect to applications for voter registration
which are submitted on or after such date.
SEC. 3. PHOTO VOTER IDENTIFICATION REQUIRED FOR VOTING IN A FEDERAL
ELECTION.
(a) In General.--Each individual voting in an election for Federal
office shall present an eligible photo identification document.
(b) Presentation Requirements.--
(1) In-person voting.--In the case of an individual who
votes in-person, the eligible photo identification document
shall--
(A) be a tangible (not digital) document; and
(B) be presented at the time of voting.
(2) Absentee voting.--In the case of an individual voting
by absentee ballot, the individual shall include a copy of the
eligible photo identification document--
(A) with the request for an absentee ballot; and
(B) with the submission of the absentee ballot.
(c) Eligible Photo Identification Document.--For purposes of this
section:
(1) In general.--The term ``eligible photo identification
document'' means any document which--
(A) is issued by an authority described in
paragraph (2); and
(B) meets the requirements of paragraph (3).
(2) Issuing authority.--The following are authorities
described in this paragraph:
(A) A State agency responsible for issuing State
motor vehicle drivers' licenses.
(B) A State or local election office.
(C) A Native tribal government.
(D) The Department of State.
(E) The Department of War.
(F) A branch of the Armed Forces.
(3) Requirements.--A document meets the requirements of
this paragraph if the document contains--
(A) a photograph of the individual identified on
the document;
(B) an indication on the front of the document that
the individual identified on the document is a United
States citizen; and
(C) either--
(i) an identification number issues by the
entity described in paragraph (2)(A); or
(ii) the last four digits of the social
security number of the individual identified on
the document.
(4) Use of additional documentation.--
(A) Use of additional documentation.--A document
which fails to meet the requirements of paragraph
(3)(B) shall not fail to be treated as an eligible
photo identification document if the document is
presented together with another identification document
that indicates the individual is a United States
citizen.
(B) States using save system.--
(i) In general.--The requirements of
paragraph (3)(B) shall not apply to an
individual--
(I) who votes in a State or
jurisdiction which meets the
requirements of clause (ii); and
(II) who registered to vote in such
State or jurisdiction before the most
recent date on which the State or
jurisdiction last submitted its voter
registration rolls to the Department of
Homeland Security as provided in clause
(ii)(I).
(ii) Requirements.--The requirements of
this clause are met if--
(I) the State or jurisdiction has
submitted its voter registration list
to the Department of Homeland Security
through the Systematic Alien
Verification for Entitlements (SAVE)
program not less frequently than
quarterly since June 1, 2025, for
purposes of identifying ineligible
registrations and non-citizens; and
(II) the State or jurisdiction
indicates in each voter record on its
voter rolls whether the voter has been
verified as a United States citizen
based on the information provided by
the Department of Homeland Security
under subclause (I), and the date of
such verification.
(iii) Special rule for states not requiring
voter registration.--In the case of a State or
jurisdiction that does not require voter
registration as a requirement to vote in an
election for Federal office on or after the
date of the enactment of this Act--
(I) clause (i)(ii) shall not apply;
and
(II) the State or jurisdiction
shall be deemed to meet the
requirements of clause (ii) if the
State or jurisdiction establishes a
system for confirming the citizenship
of individuals voting in an election
for Federal office prior to the first
day of the period described in section
3 with respect to such election and
provides such confirmation of
citizenship status for each eligible
voter to election officials at the
polling places during the voting
period.
(d) Conforming Amendment.--Section 303(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)) is amended by striking all that
precedes paragraph (4).
(e) Effective Date.--Each State and jurisdiction shall be required
to comply with the requirements of this section with respect to all
elections for Federal office occurring on and after the date of the
enactment of this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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