H.R.22 - Safeguard American Voter Eligibility Act; SAVE Act (119th Congress)
Summary
H.R.22, the Safeguard American Voter Eligibility (SAVE) Act, aims to amend the National Voter Registration Act of 1993 (NVRA) by requiring documentary proof of United States citizenship for voter registration in federal elections. The bill outlines acceptable forms of documentation, including REAL ID Act-compliant identification, U.S. passports, military IDs with birth records, and other government-issued photo IDs supplemented by birth certificates or other citizenship evidence.
The bill mandates that states include citizenship verification in motor vehicle driver's license applications and national mail voter registration forms. It also empowers states to utilize federal databases, such as those maintained by the Department of Homeland Security and the Social Security Administration, to verify citizenship status.
Furthermore, the SAVE Act establishes criminal penalties for executive branch employees who assist non-citizens in attempting to register or vote and for election officials who register applicants without proof of citizenship. The Election Assistance Commission (EAC) is tasked with providing guidance to states on implementing these requirements.
Expected Effects
The SAVE Act, if enacted, would significantly alter voter registration processes across the United States by adding a layer of documentation requirements. This could lead to decreased voter registration rates, particularly among naturalized citizens and those who may have difficulty obtaining or presenting the required documents.
States would need to update their voter registration systems and train election officials to comply with the new federal mandates. The potential for increased administrative burdens and costs for states is considerable, as is the risk of disenfranchisement for eligible voters who lack the specified documentation.
The bill could also trigger legal challenges based on claims of voter suppression and discrimination, potentially leading to protracted court battles.
Potential Benefits
Here are some potential benefits of the SAVE Act:
* Increased election integrity: By requiring proof of citizenship, the bill aims to prevent non-citizens from voting in federal elections, enhancing the accuracy and reliability of election outcomes.
* Reduced potential for voter fraud: The documentation requirements could deter individuals who are not eligible to vote from attempting to register.
* Enhanced public confidence in elections: Ensuring that only citizens vote may increase trust in the democratic process.
* Standardized voter registration processes: The bill seeks to create more uniform requirements across states, potentially simplifying voter registration administration.
* Improved data accuracy: The use of federal databases for citizenship verification could lead to cleaner and more accurate voter rolls.
Potential Disadvantages
Here are some potential disadvantages of the SAVE Act:
* Voter disenfranchisement: The documentation requirements could disproportionately affect naturalized citizens, low-income individuals, and minorities who may have difficulty obtaining or presenting the required documents, leading to reduced voter turnout.
* Increased administrative burdens and costs: States would incur additional expenses to update voter registration systems, train election officials, and process citizenship documentation.
* Potential for errors and delays: The verification process could be prone to errors, leading to delays in voter registration and potential disenfranchisement of eligible voters.
* Legal challenges: The bill is likely to face legal challenges based on claims of voter suppression and discrimination, potentially leading to protracted court battles.
* Reduced voter registration rates: The added complexity of voter registration could discourage eligible citizens from registering to vote.
Constitutional Alignment
The SAVE Act's constitutionality is debatable. Proponents might argue that Article I, Section 4 grants states the power to regulate the "Times, Places and Manner of holding Elections," and that this bill provides a reasonable manner regulation. They might also argue that it aligns with the Constitution's implicit requirement that voters be citizens.
Opponents could argue that the bill violates the Fourteenth Amendment's Equal Protection Clause by disproportionately burdening certain groups' right to vote. They might also cite the Twenty-Sixth Amendment, which lowered the voting age and implicitly expanded the franchise, arguing that the SAVE Act unduly restricts access to voting.
The Supreme Court's interpretation of these constitutional provisions would ultimately determine the bill's constitutionality.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).