House Majority Leader Steve Scalise (R-La.) is advocating for the SAFE Act in the Senate, emphasizing the need for swift action on legislation that aims to enforce U.S. citizenship verification and mandatory photo identification for federal elections. Scalise’s push reflects a growing concern among some lawmakers about election integrity in the face of perceived loopholes that could allow noncitizens to vote. He stated, “I hope we get that vote on the Senate floor. No excuses. Save America,” signaling the urgency he sees in this matter.
The SAVE Act, which passed in the House with significant Republican backing earlier this year, seeks to amend the National Voter Registration Act (NVRA) of 1993. According to the revisions, all individuals registering to vote must provide proof of U.S. citizenship and valid identification. Scalise noted, “You can’t even get on an airplane. You can’t go to a bar tonight without showing a picture ID,” highlighting the inconsistency he perceives in current voting laws. He described states that permit voting without ID as creating “a recipe for fraud.”
This legislation aims to close gaps in federal law, which currently prohibits noncitizen voting but does not require states to verify citizenship on voter registration forms. The 2013 Supreme Court ruling in Arizona v. Inter Tribal Council of Arizona has reinforced this issue by limiting what states can demand in terms of documentation. The SAVE Act would change that, requiring states to accept forms of identification, such as driver’s licenses compliant with the REAL ID Act, U.S. passports, military IDs, and other government-issued IDs paired with proof of citizenship.
Supporters of the SAVE Act, including Scalise and Speaker Mike Johnson (R-La.), argue that these measures are essential for protecting election integrity. They contend that existing laws are insufficient, citing concerns that automatic voter registration at motor vehicle departments could inadvertently enroll noncitizens. Scalise expressed the potential fallout from late-arriving ballots if they lead to unexpected shifts in election outcomes. “What makes people angry,” he stated, “is when you see boxes of ballots showing up two weeks after an election, and the next thing you know, lo and behold, a Democrat takes the lead.”
While Scalise’s comments suggest a belief in widespread voting irregularities, he has not presented documented instances of electoral fraud caused by noncitizen voting or late ballots. His assertion that the appearance of irregularity undermines public trust highlights a growing sentiment among some lawmakers that measures should be enacted to tackle concerns about election integrity—albeit based on what critics label as isolated or unsubstantiated claims.
Opponents of the SAVE Act argue that it responds to a nonissue and could disenfranchise legitimate voters. State audits between 2016 and 2022 across North Carolina, Georgia, Arizona, California, and Texas revealed fewer than 50 instances of confirmed noncitizen voting in each of these states. Critics like Rep. Joe Morelle (D-N.Y.) assert that the bill aims to instill fear rather than address real problems. “This bill is about scaring Americans,” he mentioned, indicating a belief that such moves threaten the democratic process.
Concerns about disenfranchisement stem from the structural barriers imposed by the SAVE Act. Data shows that only 48% of Americans possess a valid passport, and the numbers dwindle further for those with lower incomes. This raises questions about accessibility, particularly for marginalized groups. Sean Morales-Doyle from the Brennan Center condemned the SAVE Act as a “damaging lie,” criticizing the burden it places on citizens to verify their own eligibility rather than on election officials and government agencies.
Should the SAVE Act become law, it would establish a national framework requiring all voters—regardless of their registration method—to present documentation to register for federal elections. This overhaul implies that voters failing to meet these criteria would face barriers in registering, potentially leading to further disenfranchisement for those unable to secure the necessary identification.
The legislation’s next phase lies in the Senate, with Majority Leader Chuck Schumer (D-N.Y.) yet to prioritize a vote despite the strong push from Republican leaders. Scalise and supporters are aware of the resistance, especially with President Biden’s commitment to vetoing any measures he deems excessive. Even as they pursue the revised “SAVE Act Plus,” which introduces stronger ID requirements, opponents are likely to mobilize against the proposed changes, arguing for voter access.
Scalise, asserting the principle that “American citizens—and only American citizens—should decide American elections,” frames the debate around the fundamental nature of democratic participation. As election season approaches, the outcome of this legislation will likely influence not only the mechanics of voting in federal elections but also the ongoing discussions about the balance between security and accessibility in the electoral process.
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