1. Executive Summary
This legislation amends the National Voter Registration Act of 1993 to require that individuals provide documentary proof of United States citizenship to register to vote in elections for federal office. The bill establishes specific standards for acceptable documentation while providing an alternative verification pathway for applicants who lack standard records.
2. What This Bill Would Do
Mandate Proof of Citizenship: Prohibits states from accepting or processing a federal voter registration application unless the applicant presents physical documentary proof of U.S. citizenship.
Define Valid Documents: Identifies acceptable proof, including U.S. passports, specific REAL ID-compliant identification, or a combination of a photo ID and a certified birth certificate or naturalization papers.
Establish Alternative Pathway: Requires states to create a process where applicants without standard documents may submit other evidence of citizenship alongside an official affidavit.
Direct Regulatory Oversight: Mandates that the Election Assistance Commission (EAC) issue guidance within 10 days of enactment and develop a uniform affidavit for applicants using the alternative pathway.
Authorize Database Programs: Permits states to establish programs to identify and remove noncitizens from voter rolls using federal data from the Social Security Administration or Department of Homeland Security.
Mandate Federal Data Sharing: Requires federal agency heads to provide citizenship verification information to state officials within 24 hours of a request at no cost to the state.
3. Who is Affected
Individual Applicants: Must present physical documents to register; those without documents must provide alternative evidence to a state official to be eligible for federal elections.
State and Local Election Officials: Required to verify documentation for all new applicants and face criminal penalties for registering individuals who fail to provide required proof.
The Election Assistance Commission (EAC): Must immediately create new regulatory standards, uniform forms, and guidance for states to follow.
Federal Executive Branch: Agency heads (DHS, SSA) are legally mandated to share citizenship data with states and notify state officials when individuals become naturalized citizens.
4. Existing Law vs. What Would Change
Feature | Existing Law (NVRA of 1993) | Under H.R. 7296 (SAVE America Act) |
Registration Basis | Applicants typically attest to citizenship under penalty of perjury on the form. | Applicants must present physical documentary proof or navigate a state-defined alternative evidence process. |
Verification Programs | States manage rolls according to general federal accuracy standards. | States are directed to take affirmative steps to remove noncitizens using specific federal database verification. |
Official Liability | Standard administrative procedures apply to voter registration processing. | Officials face criminal penalties for registering an applicant who fails to provide required citizenship proof. |
Federal Data Access | States may request data through standard inter-agency channels. | Federal agencies must provide requested verification data within 24 hours at no cost to the state. |
5. Ambiguity Flags
"Sufficiently Established": For applicants using the alternative process, state officials must decide if non-standard evidence "sufficiently" proves citizenship, leaving the specific evidentiary threshold to human interpretation.
"Reasonable Accommodations": States must provide "reasonable accommodations" for individuals with disabilities to present their proof of citizenship, but the bill does not define what specific actions meet this standard.
"Verified Information": States must remove individuals from voter rolls upon receipt of "verified information" that they are not citizens, but the bill does not define the specific criteria for what makes information "verified."
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