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In January, Republicans reintroduced a revised version of the SAVE Act, the SAVE America Act, which passed the House on February 11 and is currently under consideration in the Senate. Trump has declared that it should be Congress’ “number one priority” ahead of the midterm elections, as the voter suppression measure will “guarantee” Republican victory in the midterm elections.

The SAVE America Act is based on claims of widespread non-citizen voting, despite audits and investigations consistently finding that voter fraud and non-citizen voting are exceedingly rare. If enacted into law, the SAVE America Act would impose documentary proof of citizenship (DPOC) requirements, meaning voters would have to provide documents such as a passport or birth certificate in person at elections offices when registering to vote or updating their registration for any reason. The bill would impact millions of eligible voters including seniors, students, and an estimated 69 million women whose married surnames differ from their birth certificates. In addition to DPOC requirements, the legislation would impose strict photo ID requirements with a more limited list of acceptable forms of identification when voting in-person.

The bill would also place significant new burdens on state and local election officials without providing additional funding. Under the legislation, election administrators could face civil and criminal penalties, including up to five years in prison, for registering someone without the correct documentation.

In addition to the SAVE America Act, Republicans have introduced the Make Elections Great Again (MEGA) Act, which includes additional requirements such as mandating proof of residence, requiring voter roll purges every 30 days, and prohibiting universal mail-in voting.

Trump has vowed not to sign any other piece of legislation until the SAVE America Act passes and has called on the Senate to “terminate the filibuster” and explore using budget reconciliation to pass parts of the bill with a simple majority.

This approach faces major hurdles because reconciliation rules require provisions to be primarily budget-related. Many Republicans and Democrats have criticized the idea, and several GOP senators have also rejected calls to eliminate the filibuster entirely to pass the bill. Senate Majority Leader John Thune and others have argued that eliminating the filibuster would ultimately hurt Republicans in the future, and some Republican senators oppose the bill itself, particularly its documentary proof of citizenship requirements.

Outside of Congress, at least six states are likely to vote on local measures that mimic the proposed SAVE America Act.

To watch the recording of our Documentary Proof of Citizenship webinar with NYSBOE Co-Executive Director Kristen Stavisky and Arizona Secretary of Sate Adrian Fontes, click here.