The Safeguard American Voter Eligibility (SAVE) Act (House Resolution 22)

On April 10, 2025, the House of Representatives passed H. R. 22, also known as the SAVE Act. Under current election law, people registering to vote must attest/affirm that they are US citizens, under penalty of perjury, as part of the registration process. This legislation changes that law to require that people provide documentary evidence of citizenship instead, and defines what documentary proof is sufficient.

MAGA voters believe this is necessary because they are convinced that millions of non-citizens, including undocumented immigrants, swing elections against them by voting illegally. They have no evidence for this, and in fact the data shows that the type of voter fraud this legislation would stop is very rare and has never actually changed the results of an election.

Republicans in Congress passed it because their core constituency supports it, whether or not it is necessary. Many also support it because it would create a new obstacle to voting, making exercise of the franchise more difficult, and they think this will affect liberal voter turnout more than it will conservative voter turnout.

This essay outlines the very simple provisions of this bill and their potential impacts, including the new obstacles to voting it creates, and the increased costs of managing elections. Scott and I discussed election security in more detail during the last three episodes of Two Crusty Old Combat Soldiers with a Microphone.

Section 1 simply titles H. R. 22 as the “Safeguard American Voter Eligibility Act” or “SAVE Act.”

Section 2 defines the various forms of documentation sufficient to demonstrate citizenship for the purposes of registering to vote.

  1. A form of identification consistent with the REAL ID Act of 2005 (e.g., a driver’s license that shows citizenship because proof of citizenship was required for issuance).
  2. A valid US Passport.
  3. An official US military identification card together with a military record that shows a place of birth in the US.
  4. A valid government-issued ID card (Federal, State, or Tribal) showing that the applicant’s place of birth was in the US.
  5. A valid government issued photo identification card presented with one or more of the following:A certified birth certificate issued by a State, local government of a State, or Tribal government where the applicant was born that was filed with the office keeping vital records in the State, includes the full name, date, and place of birth of the applicant, lists the names of both parents, has the signature of an official authorized to sign birth certificates on behalf of the issuing government, shows the date the certificate was filed with the vital records office, and shows the seal of the issuing State or other government agency.
  6. An extract from a US hospital record of birth created at the time of birth with shows a place of birth in the US.A final adoption decree showing the applicant’s name and a place of birth in the US.A Consular Report of Birth Abroad or a certification of the applicant’s Report of Birth Abroad issued by the Secretary of State.A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or other document issued by the Federal government pursuant to the Immigration and Naturalization Act.
  7. An American Indian Card issued by the Department of Homeland Security with the classification “KIC.”

Note that a birth certificate alone is not sufficient without a valid government-issued ID card. This is the source of concern that people who took their spouses name upon marriage might have an issue with voter registration because the birth certificate will not match the government ID card. Since conservative women are both more likely to marry young and more likely to take the husband’s name, this could actually affect Republican voters more than it affects liberals.

More generally, despite conservative talking points around “you have to have an ID to buy beer,” government IDs are not so ubiquitous as they think. And while widely available, they also carry a cost in money and time, and though this is not a high cost it does place a barrier between voters and the voting booth.

Birth certificates are another matter. Many people (the homeless, many poor people, more likely in rural areas) do not have a copy of their certificate in a file drawer somewhere. Getting a copy may not be a simple matter for some people, especially older folks who were not born in a hospital and whose parents simple never did the paperwork – not an uncommon oversight in rural America before the 1960s. Note that not everyone has easy internet access or even a telephone, again more likely in rural areas. The Act does require acceptance of alternatives, but this is a real issue and it will make registration so difficult that many will simply pass. I actually think this is another provision that could backfire, since affluent people with college degrees are more likely to have access to these documents than poor people, including poor rural whites.

Section 3 requires applicants for voter registration to present documentary proof of US citizenship under all methods of voter registration.

  1. Voter registration with driver’s license application:
    • Amends the voter application form to note the requirement to demonstrate citizenship.
    • Adds language authorizing use of information provided on the form in a criminal or immigration proceeding.
  2. Voter registration by mail:
    • Requires election officials to make sure residents are aware of the citizenship documentation requirement.
    • Requires first-time voters who registered by mail (and therefore have never shown proof of citizenship) to either:
      • Vote in person the first time voting and show documents at that time, or
      • Appear at an election office before the deadline to register and show proof of citizenship.
      • Requires that voters in districts that allow same-day registration show documentary proof of citizenship at the polling place when they register and vote.
      • Requires election officials who receive a completed mail voter registration to notify the mail registrant of the requirement to produce proof of citizenship when voting so applicants can meet the requirement.
      • Requires reasonable accommodation for persons with disabilities. 
      • Requires election agencies to accept proof of citizenship.
      • Requires election agencies to ask if the applicant is a citizen of the US and prohibits registration if the applicant does not provide proof of citizenship.

The language authorizing use of information provided on a voter registration form removes the restriction on using this information for anything other than the registration itself. This would of course allow use for prosecuting a voter fraud case, and it makes sense.

The requirement for voters who registered by mail to bring documentation of citizenship to the polls when they vote the first time would cause issues for those who simply forget to bring it along, but it makes sense as part of this process and becomes less problematic after citizens become accustomed to the new process.

The rest of this section simply mandates administrative procedures such as taking steps to make sure voters know the requirements. This also make sense, but it’s important to note that these rules also increase the cost of conducting elections, notwithstanding the exemption from paperwork requirements. State and local election offices will need more staff and more funding to make sure they can implement these new procedures fairly.

Section 3 requires the Election Assistance Commission to transmit guidelines to State election officials within 10 days of enactment.

Section 4 exempts this legislation from the Paperwork Reduction Act.

Section 5 requires the Secretary of Homeland Security to notify State election officials of naturalization. DHS must notify election officials when individuals become citizens.

Section 6 permits provisional ballots and allows the counting of them if proof of citizenship is shown.

Section 7 prohibits using this Act to affect the exemption of a State from any requirement under Federal law other than the National Voter Registration Act of 1993.

Section 8 places the effective date as the date of enactment of the statute.

Sections 3-8 also simply set administrative requirements, such as effective date.

It’s important to note that this Federal legislation would be implemented by the States, which creates a situation where we could have 50 different sets of rules. The SAVE Act, for example, says nothing about people who have already registered to vote without demonstrating citizenship. Most States will probably grandfather them in, but if non-citizen voting is a problem – if the claim that Democrats have registered legions of non-citizens who help them win elections – this law won’t immediately solve the problem. Other States will require new registrations, which will drastically reduce the voter pool and annoy millions of American citizens who registered legally – and place an unnecessary barrier between them and the voting booth.

One missing provision I’m surprised conservatives left out is a requirement for Homeland Security to notify election officials when someone is stripped of citizenship, or of immigrants who entered legally on tourists or work visas who are not citizens. Many of these folks will have social security numbers and if we really think non-citizen voting is a problem I would think creating such a database would be a priority.

Which as it happens raises the key question. If the US government really wants to make sure only people eligible to vote actually cast a vote (only citizens whose right to vote has not been taken away), simply issue every person born in the US a national identity card at birth. Citizens would update this identification at specified ages (maybe 12, 15, 18) and at certain lifetime milestones (e.g., earning a credential for things like driving a car, flying a plane, or carrying a concealed weapon).

One of these updates would be automatic voter registration upon turning 18 – that is, anyone with a valid US Citizen ID card who is over 18 can vote. If someone changes residence, they simply register the change of address at the Post Office, either by appearing personally or making the change online, and carry proof of this change until time to get a new card.

This would amount to a universal birth certificate (passport?) that voters could show at the polling place to verify both citizenship and place of residence and use for just about any purpose that requires showing an ID card, including alcohol purchases. Real ID comes close since it requires proof of citizenship, but the difference here is that the US Citizen ID Card is issued at birth, so every child has one.

Conservatives have traditionally resisted this because they worry about the US government keeping closer track of Americans than they find comfortable. I understand this discomfort, but in a world where we willingly give up personal data so we can participate in Facebook chats, and carry a cellphone that touches broadcast towers in a way the Government can access, paranoia about “the government wants to track us” ship has sailed.

If we really believe that non-citizen voting is a problem, this is the best solution. Forcing people to demonstrate citizenship as part of voter registration is both the least efficient and most problematic way of fixing this. We can streamline the entire process – no more voter registration rules if everyone is more or less registered at birth – and make sure only US citizens can vote while also helping make casting those votes easier. If securing the vote is the goal, this is the way.

Foggy Bottom Line Bonus Episode: Politics and Economic Development in SW Virginia, Featuring Mike McGirr

Mike McGirr is a community activist living in Bristol, Virginia. He grew up on a regenerative farm in Massachusetts where he learned the fundamentals of farming and shaped his lifelong commitment to localized, equitable food systems. Mike works to dismantle barriers that have long disadvantaged farmers of color, small scale producers and under-resourced communities. He also has a degree in graphic design and has handled marketing campaigns for Fortune 100 companies. This year Mike served as the volunteer campaign manager for Cindy Green, who ran for the House of Delegates in Virginia’s 44th District, a deep red district in Southwest Virginia centered on Bristol and Abingdon, near where the Tennesse, Virginia, and North Carolina borders meet. Now he’s running to be the Chair of the Democratic Party of Virginia’s Rural Caucus. Mike joins Scott and me for a discussion of politics in rural areas, economic development in Southwest Virginia, and his ideas for organizing the Rural Caucus and local County committees to grow the Democratic Party in rural spaces and more effectively support candidates.

You can find out more about Mike and his work on Facebook at https://www.facebook.com/people/MichaelRay4VA/61583415347341/ and at www.MikeMcGirr4VA.com.

The FBL Theme music is Partners In Crime by Alexander Nakarada, downloaded at https://creatorchords.com. Music promoted by https://www.chosic.com/free-music/all/free-music/ Attribution 4.0 International (CC BY 4.0), used by a Creative Commons license: https://creativecommons.org/licenses/by/4.0/

Foggy Bottom Line Podcast: Election Processes

Scott served as an election registrar for more than 30 years, including a year as the General Registrar in Fairfax County. With the election coming up on November 4th, I asked Scott to share some of his expertise and describe what happens behind the scenes during the last few days before Election Day.

You can find this and other video content on our YouTube channel @FoggyBottomLineMedia and on Spotify as well.

If you can please support the show by dropping a few coins in the tip jar on Venmo: @FoggyBottomLine.

Thanks!

Circular Firing Squad, Voter Suppression Edition

Here’s a good rundown of the internal Republican Party of Virginia argument over how to nominate statewide candidates. Writing at the Bull Elephant, Doc Troxel lays it out clearly. The State Central Committee finally settled on what they call an “unassembled convention” with what amounts to 37 mini-conventions at Party-run polling locations across the Commonwealth. You can also read Lynn Mitchell’s more succinct account at Bearing Drift.

I can’t improve on Troxell’s explanation – he was in these meetings – so I won’t try. My crack at a TL;dr is that because this system limits the number of votes from each local Unit (even if it does not limit the number of delegates from each local Unit) it creates incentives for candidates to capture local unit delegations, as they would in a more…conventional…convention. Sorry.

As I read it, the minority faction fought for a primary because they believe their preferred candidate, Amanda Chase, can win the nomination with a 35% plurality in a large field. They’re less confident in her ability to win a majority at a convention with rank-choice voting. Of course, they frame the problem as “establishment RINOs” controlling the convention results to make sure Chase has no chance, but it’s not clear how including the broader GOP electorate across Virginia helps the most extremist potential nominee.

In any event, I followed the saga as it unfolded and I think it’s important to note that through the entire debate the core question focused on how to best keep opponents from voting. We see no willingness among any of these factions to form a coalition in support of a set of common goals based on commonly accepted social agreements. At every turn each one sought to expand access to their members and deny it to others.

When someone tells you who they are believe them – and the GOP is telling us that conservatives see a no path to power in building coalitions. Easier to simply shut opponents out of the electoral process altogether, and Republicans across the country have moved to do this to Democrats.

In Virginia they turn this weapon on each other.

COVID Common Sense? Or Covidiocy?

Mick Staton thinks it’s time to apply some “common sense” to Virginia’s coronavirus response. From the Bull Elephant:

In just over four months the number of confirmed covid-19 cases in Virginia has reached nearly 89,000.  Of those confirmed cases,  a little over 2,100 people have died [over 2200 now].  We can argue about inflated death numbers or under-counted people who have the virus but have never been tested all we want, but all of that is pure speculation, and cannot be quantified or counted.  People who feel sick are getting tested.  If you don’t feel sick and you test positive for the antibodies, do you really qualify as a victim of a disease you never knew you had?  For now, let’s just deal with confirmed numbers.

Virginia has a population of about 8.536 million people.  Based on the confirmed numbers listed above, only about 1% of the population of Virginia has contracted this virus, and 0.024% of the population of Virginia has died from it.

Virginia hit its highest number of daily reported cases on May 25th of this year at 1,439.  When we once again compare that to our population of 8.536 million people, that means the greatest chance anyone had of contracting this disease on any given day is about 0.01%.

Mr. Staton thinks that a lockdown needed to happen based on what we knew four months ago, but now thinks it was not necessary then – and certainly not now – on the grounds that COVID isn’t really that much worse than the flu at the end of the day.  After all, only 90K Virginians have gotten this deadly disease, and only 2100 2215 have died from COVID since the pandemic started.

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A Good Sign for Criminal Justice Reform and Progressive Policy

One of the things we sometimes lose sight of during the “we need change now” and “but it’s politically difficult” discussion at the Presidential level is that a lot of real change happens at the local level. I’m convinced, for example, that the rising number of Commonwealth’s Attorney candidates in Virginia who ran on decriminalizing cannabis and criminal justice reform in general allowed the General Assembly to take action. They could see voters from both sides of the political spectrum support these campaigns, and this gave them “permission” in a way.

These local elections also matter in the sense that they help the Progressive coalition build a bench of candidates and elected officials with the experience and chops to run for higher office. Today’s Henrico County Commonwealth’s Attorney is tomorrow’s Virginia Attorney General.

This played out in Oregon last night, when Mike Schmidt won a District Attorney race in Multomah County (Portland area) by a landslide on a very progressive platform.

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Thoughts on Elections During National Emergencies

Voting in Person, 2019
Photo Credit: R. Stanton Scott

An authoritarian figure who has joked about being President for life runs the Federal Government during a pandemic that could literally kill millions of Americans and disrupt society for months. States are postponing primary elections and struggling to figure out how voters can cast ballots while keeping social distancing. Understandably, some people worry that Donald Trump might take advantage of the crisis to stay in power.

Lots of journalists have written about this, including Evan Halper in the LA TimesBlake Rutherford for The Hill, and Chris Cillizza for CNN. The general assessment boils down to “Trump may be desperate with the economy in the tank but has no power to postpone elections. His term ends on 20 January 2021 even if he could, and the Presidential Succession Act kicks in if he isn’t reelected or replaced through a Constitutional election before that time.” 

These discussions focus narrowly on two questions: whether States could physically hold elections during a pandemic using modern systems and what would happen if they couldn’t. Most agree that elections can take place if state legislatures hurry up and figure out how to use expanded absentee voting, other voting by mail systems, or even the internet. They also think that if for some reason elections cannot be held, someone other than Trump would take power based on existing statute.

What none of these articles mention is the Electoral College and the role of state legislatures in choosing these Electors. This is the group that actually elects the President, as we found out the hard way in 2016. These days voters choose these Electors by casting votes at polling stations or by mail because state legislatures want it that way – this is not a Constitutional requirement. This means that elections for President and Vice President can take place as long as state legislatures can meet and choose Electors before Election Day.  

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It’s the Robot Economy, Folks

David Atkins made a good point yesterday at The Washington Monthly after former Clinton staffer Nick Merrill shot back at Presidential candidate Pete Buttigieg for suggesting that economic anxiety indeed played a role in Donald Trump’s 2016 win:

So, in the argument between Merrill and Buttigieg, who is right? They both are. And the fact that Merrill doesn’t understand that point is part of the problem; and it’s a sign of what the 2020 Democratic nominee must fix.

One cannot even begin to talk about this issue without acknowledging that the white working class is quite literally dying. Mortality rates for middle-aged white Americans have been ticking upwards for nearly 20 years, led primarily by a sharp rise in “deaths of despair”—suicide, drug abuse, and alcohol abuse—among those without college degrees. According to research, these deaths are primarily driven by a lack of good jobs and the dysfunction that economic anxiety creates in the social fabric.

Buttigieg is right that Trump pretended to offer solutions for these voters specifically, and that certain aspects of Clinton’s messaging did not convey the urgency that people in these communities feel about their circumstances. It’s no accident that “learn to code” has become a scornful joke on both the right and the progressive left.

Merrill is also right that the solutions Trump offered were racist, vitriolic, and full of false promises. Trump blamed economic and social problems on immigrants, promised to use his supposed skill as a negotiator to fix trade deals and bring jobs back, and promised to use his bully pulpit to strongarm companies into keeping existing factories open and getting new ones built.

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