The House passed a bill on Wednesday that Speaker Mike Johnson, R-La., asserts will tackle a significant issue threatening the integrity of federal elections. Republicans argue that the Safeguard American Voter Eligibility (SAVE) Act — which passed 221-198 — is crucial to prevent noncitizens from voting in the upcoming fall elections, potentially influencing the outcome of federal contests. However, the SAVE Act addresses an almost nonexistent problem, and its implementation could make it more difficult for American citizens to exercise their right to vote.
Much of the House Republican agenda, including this bill, is influenced by former President Donald Trump. Johnson met with Trump at Mar-a-Lago in April to discuss “election integrity,” a term the GOP has adopted to support Trump’s 2020 election conspiracy theories. Since then, Johnson has openly claimed that Democrats oppose the bill because “they want illegals to vote in our elections.”
In reality, this claim is false. Although a few cities like New York and Washington allow noncitizens to vote, this permission only applies to legal residents in local elections, not state or federal contests. Given the rarity of noncitizens registering to vote or actually casting ballots, the bill can be compared to an Anti-Tiger Rock — addressing a non-existent problem while potentially causing harm. Like most ineffective remedies, the bill could lead to more harm than good.
The SAVE Act, proposed by Rep. Chip Roy, R-Texas, aims to overhaul the National Voter Registration Act of 1993. This act requires states to allow residents to register to vote when applying for a driver’s license or other official ID card. In states like New York, applicants must affirm their U.S. citizenship and sign an affidavit stating that lying on the form is a crime. Under the SAVE Act, applicants would need to provide documentary proof of citizenship, such as a passport or birth certificate, at the time of registration.
This requirement could pose a significant hurdle for many Americans born in the continental U.S. A survey by the Brennan Center for Justice and other democracy groups found that “more than 9 percent of American citizens of voting age, or 21.3 million people, don’t have proof of citizenship readily available. … And at least 3.8 million don’t have these documents at all, often because they were lost, destroyed, or stolen.”
For instance, if someone moves across state lines and needs to register to vote in their new district, the added burdens might delay or prevent their registration. This is similar to how requiring additional steps can hinder people from accessing federal aid. Moreover, high-profile campaigns by celebrities like Taylor Swift to encourage voter registration may lose effectiveness if new registrants have to locate and upload their documents as part of the process.
The bill’s language is also vague and stringent in certain areas. It does not clarify whether states must accept documents from individuals whose names have legally changed due to marriage or gender transition. Furthermore, voters could only register if they provide a birth certificate issued by “a state, unit of local government, or a Tribal government.”
Interestingly, Republican rhetoric during the House debate on Wednesday focused mainly on President Joe Biden’s immigration policies. There was a recurring theme that the SAVE Act is necessary due to the number of immigrants entering the country since Biden took office. The Washington Post’s Philip Bump referred to this bill as a legislative manifestation of the Great Replacement Theory, which claims that Democrats aim to dilute white voters’ influence with an influx of migrants who will vote illegally.
Fortunately, the bill is unlikely to pass the Senate this term or avoid a presidential veto. However, five swing district Democrats crossed party lines to support it, indicating their concern that GOP rhetoric might resonate with their voters. With the possibility of a full GOP takeover of Congress next year, the SAVE Act could make a comeback. If it does, it might not just be a scare tactic but could become a law that further erodes access to Americans’ fundamental voting rights.