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!

Value Pack 27

I got some fundraising texts this week from congressional candidates that got me thinking.

Raising money is normal candidate stuff. The problem is that we have statewide elections and House of Delegate elections in Virginia this year, and congressional races are a year away. So, two things.

First of all, I think these national candidates – whose elections are more than a year away, should pay attention to supporting the local candidates in their districts this year and help make sure Virginia elects Democrats at the state level and in the House of delegates districts rather than focus on raising money this month. At least one of these candidates is doing that. When I spoke with Salam Bhatti a few weeks ago and mentioned this to him he took it to heart – and went straight out and created an ActBlue page that would take donations for all of the House of delegates candidates in the first Congressional District.

I think the Shannon Taylors of the world ought to do the same thing.

Many of the candidates running for House of Delegate seats whose districts touch CD1 have difficult races in red parts of the Commonwealth. These are districts that the party doesn’t think a Democrat can win, so they don’t think it makes sense to support their campaigns. 

I disagree because these guys are out there on the ground in a statewide election year. They’re knocking on doors, they’re on social media, they’re putting up signs. They’re talking to people. They’re going to meet and greets, talking to voters. They’re working to get out the vote. Voters they turn out for their campaigns will probably also support the statewide candidates on the blue side, which means they’re doing a lot of groundwork for the statewide candidates. So, if you support Abigail Spanberger, you should want to support these guys.

The Democratic Party, and the elected officials in Virginia who already hold General Assembly seats, could provide critical financial support to these efforts. Democratic Party Senators, who don’t have to stand for election until 2027, could donate to these campaigns. Candidates in House races who have no Republican opponent could give critical financial support to these fellow Democrats.

It’s difficult to overstate the epic disaster we would have in this commonwealth if Winsome Sears is governor and somehow managed to get control of the legislature. If you think it’s bad at the national level, wait until you see that at the Commonwealth level.

So this is what we need to do. Sixteen candidates for the House of Delegates in Virginia have no opponent. They they’re sitting on money, some of them with more than a million dollars, some of them with more than half a million. Nine or ten have more than $50,000. They don’t need this money for their own races.

It makes no sense at all for them not to be supporting these candidates in other races, even those they don’t believe can win. They should also be supporting these red district candidates – we’re not going to grow the majority unless we start winning elections in these districts that look like they’re too red to win.

My good friend Fergie Reid, who is a civil rights icon in Virginia, has done a lot of work trying to make sure we have a candidate on the ballot in every district. This year he succeeded, despite Democratic Party apathy.

Twenty-seven of these candidates run in these red districts that nobody thinks we can win, so they get no Party support. So his good friend Charles Gaba set up what he calls the Value Pack 27 ActBlue Page similar to Salaam’s List. Donations made on this page will be split among the 27 Democrats who are running in these hard races.

My ask is that if you know a Virginia legislator who is sitting on a campaign chest but doesn’t have an opponent, reach out to them. Ask them why they’re withholding important support Democratic Party candidates who need help in red districts. 

I’m talking about Don Scott and a lot of these Northern Virginia candidates. The Senate candidates that don’t have an election until 2027. They have two and a half years before they face reelection. They can donate to these candidates who may not win but work hard to turn out the vote in these districts. 

Go write a check yourself. We need to support these Democrats. I ran for office twice in Virginia in very red districts so I know this from personal experience that it doesn’t take a lot of money to mount a little bit of a campaign and make a difference. When I ran for the House of delegates in 2021, a statewide year, I pulled 12,000 votes in a very red district – 12,000 votes that probably went to Terry McAuliffe in his losing effort.

If we can get these guys a little bit of money for more signs, more direct mail, more postcards, more meet and greets, then we can help get out the vote not only for them, but for the state party, as well. That means Abigail Spanberger has a better chance to win. Ghazala Hashmi has a better chance to win.

Jay Jones has a better chance to win. If Jay Jones is attorney general, he’ll push back on the Trump administration by filing lawsuits when they do things that violate the Constitution. Jason Miyares won’t do that. If Abigail Spanberger is governor, she will sign bills that make Virginia a better place to live. Winsome Sears will not. 

We need to do everything we can. The Democratic Party needs to put the pedal to the metal. The national candidates running for Congress next year need to put the pedal to the metal. We all need to do everything we can to get these folks elected and protect democracy. In Virginia, we can protect it this year in the Commonwealth even if our chance to protect it nationally doesn’t come until next year.

The Past, the Future, and Critical Race Theory

It’s unlikely that Winston Churchill actually said these words in just this way, but this particular Tea Party sign correctly notes that we must understand our past if we want a prosperous future. This isn’t easy – understanding America’s past requires a critical examination of ancestors’ sins against the ideals they claimed as their core national promise: an indivisible nation of liberty and justice for all. Part of my project as an activist and candidate is to make room for a discussion of America’s past with those who would turn back time.

Last Thursday I had the pleasure of attending the Hanover Chapter of the NAACP forum on Critical Race Theory (CRT). Thanks to professors Faye Belgrave and Paul Perrin of VCU for taking the time to help our community understand this very important approach to understanding race and racism in America. 

CRT is a framework for understanding racism, individual and institutional, in America. We cannot create a just society without an examining the legal regime that protects discrimination, whether de facto or de jure. So I was also very happy to see quite a few Hanover County conservative activists in the room, and hoped they would see that CRT isn’t about blaming or shaming anyone for what happened in the past – it’s about informing a just American future.

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Circular Firing Squad?

Screen shot from Facebook video of the February 23 Virginia Republican Party State Central Committee meeting.

The inner workings and various factions that make up Virginia’s Republican Party fascinate me, and I’ve been attending Tea Party meetings and following the debate between these factions pretty much since I moved to Hanover County in 2008. The short non-academic version is that a very active and motivated base has worked to take over the Virginia GOP for more than a decade. This base very much wants to enforce a kind of ideological purity that focuses far more on cultural issues than policy.

This intra-Party insurgency initially manifested itself in the capture of local Virginia GOP units by Tea Party activists after Barack Obama won the Presidency. Ideologically, this group is to the right of what I call “Chamber of Commerce” Republicans (defined as conservatives who want small government but want it to actually work). Think of this as the “conservatives lose elections because they’re not conservative enough” crowd.

They successfully won the 7th District Congressional nomination for Dave Brat over House Majority Leader Eric Cantor in 2014 because the very conservative Cantor was not conservative enough to suit them – these activists ousted a very powerful Congressman for ideological reasons. Brat went on to win the seat and served two terms before Abigail Spanberger won the seat in 2018. She held it in 2020, but narrowly.

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