SAVE Act

The Safeguard American Voter Eligibility (SAVE) Act significantly amends the National Voter Registration Act of 1993 (NVRA) by requiring all individuals to provide documentary proof of United States citizenship when registering to vote in elections for Federal office. This measure aims to ensure that only eligible citizens are registered to vote. The bill outlines a comprehensive list of acceptable documents and establishes new procedures for voter registration across various methods.

Under the SAVE Act, acceptable forms of documentary proof include a REAL ID-compliant identification indicating citizenship, a valid U.S. passport, or a U.S. military identification card with a service record showing U.S. birth. Other options include government-issued photo identification cards showing U.S. birth, or such cards presented with additional documents like a certified birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. These specific requirements aim to standardize and strengthen the verification process for voter eligibility.

The bill mandates that states cannot accept or process voter registration applications for federal elections without this documentary proof, impacting registrations through motor vehicle departments, mail-in forms, and voter registration agencies. For applicants unable to provide immediate documentary proof, states must establish a process allowing them to submit an attestation under penalty of perjury and other evidence, with an election official making a determination. The Election Assistance Commission (EAC) is tasked with developing a uniform affidavit for such cases.

States are required to take affirmative steps to ensure only U.S. citizens are registered, including establishing programs to identify non-citizens using information from sources like the Department of Homeland Security's Systematic Alien Verification for Entitlements (SAVE) system, the Social Security Administration, and state agencies. Federal departments and agencies must share relevant citizenship information with state election officials upon request. The Secretary of Homeland Security is also directed to investigate for removal proceedings if an alien is found to be unlawfully registered to vote.

Furthermore, the Act clarifies that states must remove non-citizens from voter rolls upon receiving verified information of their non-citizenship. It introduces criminal penalties for election officials who register applicants without documentary proof of citizenship and for executive branch officers providing material assistance to non-citizens attempting to register or vote. The EAC is also directed to issue guidance on implementing these new requirements shortly after the Act's enactment, and the Paperwork Reduction Act will not apply to the development of new voter registration materials.