A Solution in Search of a Problem: The SAVE Act

Posted on by Sherri Hartlen-Neely

The Safeguard American Voter Eligibility (SAVE) Act represents one of the most significant proposed changes to federal voter registration law in decades, touching on deeply held values about who should be allowed to vote and how we define the balance between security and accessibility.

Supporters of the bill argue the measure closes loopholes in current voter registration rules. They say requiring documentation is a logical step if the goal is to ensure that only U.S. citizens participate in federal elections. Proponents also point to broader concerns about public confidence in elections, even though documented cases of non-citizen voting are extremely rare.

How much non-U.S. citizen voting is happening today?

According to a 2024 CBS News article, After the 2016 election, analysis by the nonpartisan Brennan Center for Justice found 30 cases of suspected noncitizens voting reported by election officials out of 23.5 million votes cast in the 42 jurisdictions reviewed. 

Additionally, a 2024 Washington Post analysis of the conservative Heritage Foundation’s database of voter fraud cases brought by prosecutors found just 85 cases involving allegations of noncitizen voting over a two-decade period from 2002 to 2023.

What are the differences between current federal voting laws and the SAVE Act?

Current LawSAVE Act
Citizenship Requirement  Voters must attest under penalty of perjury that they are U.S. citizens when registering. Documentary proof is generally not required at the federal level.  Voters must provide documentary proof of U.S. citizenship to register. An attestation alone is no longer sufficient.
Voter Registration Methods  States must accept federal voter registration forms by mail, at DMVs, and at public agencies, usually without requiring documents.All registration methods (DMV, mail, agency, and Election Day registration) require proof of citizenship before registration is accepted.
Mail-In RegistrationMail-in applicants can register by submitting a completed form with a sworn citizenship statement.Mail-in applicants who do not include proof must appear in person later to show citizenship documents, or they will not be registered.
People Without DocumentsNo special alternative process is needed because documents are not required.States must create a backup process allowing applicants without documents to submit other evidence and a sworn statement, subject to official approval and documentation.
Voter Roll MaintenanceStates may remove non-citizens, but procedures and verification methods vary and are limited.  States are explicitly required to take ongoing steps to identify and remove non-citizens and may rely on federal databases for verification.
Federal Data SharingFederal agencies may share information, but timelines and obligations are limited.  Federal agencies must provide citizenship verification information to states within 24 hours, free of charge.
Naturalized CitizensStates may not receive timely updates when someone becomes a citizen.  The Department of Homeland Security must promptly notify states when individuals are naturalized.
Penalties and EnforcementPenalties exist mainly for voters who knowingly register or vote illegally.  New penalties apply to election officials and federal employees who knowingly register non-citizens or assist them in registering or voting.
Provisional BallotsVoters may cast provisional ballots if eligibility is in question.  No change — provisional ballots remain available and may be counted once citizenship is verified.
When Changes ApplyExisting rules continue unless states adopt stricter standards.  Changes apply immediately upon enactment to all new voter registration applications.

Who will be affected if the SAVE Act becomes law?

  • Are you one of the estimated 53.1% of the U.S. population who doesn’t have a passport? Data shows that high rates of passport ownership are predominantly concentrated in blue states, while low rates of passport ownership are overwhelmingly concentrated in red states. This means that, under the SAVE Act, it would be disproportionately more difficult for American citizens in red states to present one of the primary forms of documentation required to register to vote—and they would be disproportionately disenfranchised if the bill became law.
  • Are you one of the 84% of women whose name was hyphenated or changed when you got married? Nationwide, approximately 69 million women could not use their birth certificate to prove their identity or citizenship status under the SAVE Act. The legislation does not mention the potential option for these Americans to present change-of-name documentation or a marriage certificate in combination with a birth certificate to prove their citizenship. 
  • Think your REAL ID or military ID will be your proof of citizenship and eligibility to vote in federal elections? The REAL ID Act of 2005 does not include a federal requirement for REAL IDs to indicate citizenship status. Only five states have a specific Enhanced Driver’s License – Michigan, Minnesota, New York, Vermont, and Washington – that indicates citizenship status on the card. Similarly, tribal and military IDs do not indicate citizenship status and would need to be shown in conjunction with other documentation that does. 

At the end of the day, the SAVE Act asks Americans to accept sweeping new paperwork requirements to solve a problem that, by the government’s own audits and independent analyses, shows up in the data about as often as a lightning strike. Documented cases of non-citizen voting number in the dozens, yet the proposed fix could entangle tens of millions of eligible voters in a maze of passports, birth certificates, name-change paperwork, and database checks. If election integrity is the goal, it’s fair to ask whether building a larger bureaucratic hurdle for lawful voters is a proportionate response—or whether this is, quite literally, a solution still searching for its problem.

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