Facts About the SAVE Act
And Know the Myths
Hi friends,
Myth vs. Fact: The Truth About the SAVE Act
One important piece of election legislation that has been under fire by the Left recently is the Safeguard American Voter Eligibility Act, or the SAVE Act (H.R. 22/S.128). This bill was originally introduced in May of 2024 by Rep. Chip Roy (R-TX), and has been reintroduced this Congress. It may receive a vote on the House floor as soon as the coming weeks.
The SAVE Act strengthens the integrity of our elections by closing a loophole and requiring individuals to provide documentary proof of U.S. citizenship in order to register to vote in federal elections.
Every state requires an individual to be a citizen to register and vote in state and federal elections, and it’s a felony to falsely claim to be a citizen for any purpose (including to register to vote or to actually vote). It’s also a federal misdemeanor violation for an alien to vote. And yet, there is no universal requirement for states to obtain proof of citizenship to enforce that prerequisite.
Worse, interpretation of the National Voter Registration Act (NVRA) has been exploited to actually prevent states from requiring proof of citizenship. It’s essential that we have a law requiring states to prove citizenship.
The SAVE Act amends the NVRA to require states to obtain proof of both U.S. citizenship and identity when registering an individual to vote in a federal election. Further, the bill requires agencies like the Department of Homeland Security (DHS) and Social Security Administration respond to state inquiries on the status of someone’s citizenship and eligibility to vote. Agencies like DHS under the Biden administration have notoriously tied up these inquiries in red tape. Now, they will have a 24-hour deadline to respond to states that want to verify citizenship.
This legislation is simple, widely supported by the American people, and received bi-partisan support when the House voted on the bill in 118th Congress.
Unfortunately, the Left has been making a number of false claims about what the bill would do.
Myth #1: The SAVE Act would make it difficult - or even impossible - for married women who have changed their last name to register to vote. The SAVE Act makes no mention of being able to show a marriage certificate or change-of-name documentation.
Reality: This is the same argument the Left pulled out twenty years ago when states began implementing voter ID laws, and that didn’t happen. There are multiple types of documents that can be used to prove citizenship. But, most notably what critics won’t admit is there is a provision addressing a process in case of certain discrepancies in documentation:
“...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.”
This means every state will have to have a process, and if there is a change of name - but the applicant is the same person, the state has to accept the application.
Myth #2: Many lawful Americans would not have the correct documentation to register under the SAVE Act, and that most voters could not use their drivers license to register – even REAL IDs for registration.
Reality: The irony is the Left is also attacking proposed state legislation that would require whether or not a person is a citizen to be listed on a drivers license. For states that do this, it will make IDs easily prove citizenship. However, even in cases where someone has a drivers license that doesn’t comply with REAL ID, there are multiple types of documents they can use to register to vote.
Myth #3: The SAVE Act would put a significant administrative and financial burden on states to implement, and overwhelm election offices by eliminating automatic voter registration at state agencies like the DMV.
Reality: Election officials already have a duty to determine a voter’s eligibility when they register them to vote. They have a responsibility to determine whether an applicant is an eligible resident of the state, as well as a citizen. If someone provides proof of citizenship, it actually makes it easier for them to do their job.
Myth #4 Election officials could go to jail for helping a citizen register to vote simply just for having incorrect documentation.
Reality: Every state has laws, in addition to the federal Voting Rights Act of 1965 (VRA), that places a burden on election officials to register eligible voters. All this bill says is that if an election official doesn’t require proof of citizenship, and allows someone to register, they have violated federal law. This is no different than current law under the NVRA and VRA that says if an election official knows that someone is dead, doesn’t live where they claim, or is somehow eligible and helps them register – they have committed a criminal violation of the law. This is a common sense requirement to ensure the law is followed.
Myth #5: Arizona and Kansas have already tried a “version” of the SAVE Act that was struck down in court. In Kansas, the law was struck down altogether, and in Arizona, the state was barred from applying their law to federal ballots.
Reality: Kansas and Arizona are the reason this bill exists. It amends the NVRA to require citizenship. The federal courts threw out these state laws because they said the NVRA did not permit states to verify citizenship. The SAVE amends the NVRA to say explicitly that states can.
Myth #6: This would remove legitimate voters from the rolls based on faulty data, and disenfranchise voters.
Reality: Every state when it receives information that someone may no longer be eligible to vote – they died, moved out of state, are not a citizen – they first investigate and contact the voter. They do not remove the voter from the rolls unless they get confirmation that person is ineligible. In addition, in 2002 Congress passed Help America Vote Act (HAVA), which enacted a requirement ensuring that individuals mistakenly removed from the rolls have an opportunity to vote. If someone shows up at their precinct, and they are not on the rolls (but say they are eligible and registered), election officials must provide them with a provisional ballot. That person votes, and election officials have to investigate. If they made a mistake and the individual IS eligible to vote, they have to count your ballot. So even in rare cases where a mistake is made, your vote will still count.
-From Heritage Action for America
You can see more details here.
As always, do your own research; make up your own mind.
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