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Congress debates federal citizenship proof requirements for voter registration

Congress debates federal citizenship proof requirements for voter registration

Rule Changes
By Newzino Staff |

SAVE America Act Would Override 30 Years of State-Led Voter Registration Rules

February 12th, 2026: House Passes SAVE America Act

Overview

Since 1993, Americans have registered to vote by attesting to their citizenship under penalty of perjury. No proof required. The House just voted 218-213 to change that, passing the SAVE America Act to mandate in-person documentary proof of citizenship—a passport, birth certificate, or naturalization papers—before anyone can register for federal elections.

The bill now faces a Senate filibuster that supporters cannot break. But the fight reveals a deeper tension: Republicans who spent years opposing federal election mandates as unconstitutional overreach are now pushing one themselves. The legislation would end automatic mail voting in eight states, require photo ID scans for mail ballots nationwide, and force states to purge voter rolls through the Department of Homeland Security—the most significant federal intervention in state election administration since the Voting Rights Act of 1965.

Key Indicators

21.3M
Americans Without Ready Proof
Estimated U.S. citizens of voting age who lack immediate access to documentary citizenship proof, according to Brennan Center research.
218-213
House Vote Margin
Passed with every Republican voting yes and all but one Democrat voting no.
60
Senate Votes Needed
Threshold to overcome Democratic filibuster; Republicans have 53 seats and at least one GOP senator opposes the bill.
0.0001%
Noncitizen Voting Rate
Share of ballots cast by suspected noncitizens in 2016, per Brennan Center survey of 23.5 million votes across 42 jurisdictions.

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Debate Arena

Two rounds, two personas, one winner. You set the crossfire.

People Involved

Chip Roy
Chip Roy
U.S. Representative (R-TX), Lead House Sponsor (Leading legislative effort after successful House passage)
Mike Lee
Mike Lee
U.S. Senator (R-UT), Lead Senate Sponsor (Seeking path through Senate filibuster)
Lisa Murkowski
Lisa Murkowski
U.S. Senator (R-AK) (Only Republican senator publicly opposing the bill)
Chuck Schumer
Chuck Schumer
Senate Minority Leader (D-NY) (Leading Democratic opposition in Senate)
Henry Cuellar
Henry Cuellar
U.S. Representative (D-TX) (Only Democrat to vote for the bill)
John Thune
John Thune
Senate Majority Leader (R-SD) (Supports bill but opposes eliminating filibuster to pass it)

Organizations Involved

U.S. House of Representatives
U.S. House of Representatives
Legislative Body
Status: Passed SAVE America Act

Lower chamber of Congress that passed the bill along strict party lines.

United States Senate
United States Senate
Legislative Body
Status: Bill faces filibuster with uncertain path forward

Upper chamber where the bill needs 60 votes to overcome a Democratic filibuster.

Brennan Center for Justice
Brennan Center for Justice
Nonpartisan Law and Policy Institute
Status: Opposes bill as voter suppression

Research organization that has documented both the rarity of noncitizen voting and the disenfranchisement effects of citizenship documentation requirements.

Timeline

  1. House Passes SAVE America Act

    Legislative

    The House passes the expanded bill 218-213, with all Republicans voting yes and all Democrats except Henry Cuellar voting no. The bill now moves to the Senate.

  2. Murkowski Becomes First GOP Senator to Oppose Bill

    Political

    Alaska Senator Lisa Murkowski announces opposition, arguing the bill contradicts Republican principles against federal election mandates and citing McConnell's past statements.

  3. Expanded SAVE America Act Introduced

    Legislative

    Roy and Lee introduce an expanded version adding photo ID requirements at polling places, restrictions on mail voting, and mandatory voter roll reviews through the Department of Homeland Security.

  4. House Passes Original SAVE Act

    Legislative

    The House passes the original SAVE Act 221-198, largely along party lines. The bill never receives a Senate vote.

  5. Original SAVE Act Introduced

    Legislative

    Representative Chip Roy and Senator Mike Lee introduce the Safeguard American Voter Eligibility Act, requiring documentary proof of citizenship to register for federal elections.

  6. Kansas Citizenship Proof Law Struck Down

    Legal

    Federal court rules in Fish v. Kobach that Kansas's documentary proof requirement violated the Constitution and federal law after blocking 31,000 citizens from registering while finding only 39 noncitizen registrations.

  7. Supreme Court Blocks Arizona's Citizenship Proof Requirement

    Legal

    In Arizona v. Inter Tribal Council of Arizona, the Court rules 7-2 that federal law preempts states from requiring documentary proof of citizenship for federal voter registration.

  8. Supreme Court Upholds Photo ID Laws

    Legal

    In Crawford v. Marion County, the Court rules 6-3 that Indiana's photo ID requirement does not violate the Constitution, opening the door for stricter ID laws nationwide.

  9. Arizona Passes Proposition 200

    State Action

    Arizona voters approve a ballot initiative requiring documentary proof of citizenship to register and photo ID to vote—the first state to mandate citizenship documentation.

  10. Noncitizen Voting Made Federal Crime

    Legislative

    The Illegal Immigration Reform and Immigrant Responsibility Act makes it a federal crime for noncitizens to vote in federal elections, punishable by fines, imprisonment, and deportation.

  11. National Voter Registration Act Signed

    Legislative

    President Clinton signs the "Motor Voter" law, requiring states to accept a federal voter registration form that asks applicants to attest to citizenship under penalty of perjury—but requires no documentary proof.

Scenarios

1

SAVE America Act Dies in Senate Filibuster

Discussed by: NBC News, The Hill, Senate Democratic leadership

Democrats hold 47 Senate seats—enough to sustain a filibuster. With at least one Republican (Murkowski) opposed and others (Collins, McConnell) expressing concerns about federal mandates, the bill fails to reach 60 votes. Senate Majority Leader Thune has already ruled out eliminating the filibuster. The bill dies without a floor vote, following the same path as the 2024 version.

2

Senate Passes Modified Version, House Must Reconcile

Discussed by: Axios, Washington Examiner, conservative policy analysts

To attract moderate votes, the Senate strips controversial provisions like mail voting restrictions while keeping the citizenship documentation core. A modified bill passes with bipartisan support. The House must then accept changes or enter conference negotiations, potentially delaying passage past the 2026 midterms.

3

Bill Attached to Must-Pass Legislation

Discussed by: Daily Signal, Heritage Foundation, conservative media

Republicans attach SAVE Act provisions to a government funding bill or debt ceiling increase, forcing Democrats to choose between their opposition and a government shutdown or default. This tactic succeeded with other controversial measures but risks significant political backlash and may still fail if moderate Republicans defect.

4

Law Passes But Courts Block Implementation

Discussed by: Brennan Center for Justice, Campaign Legal Center, election law scholars

Even if the SAVE America Act becomes law, voting rights groups immediately file suit challenging the citizenship documentation mandate as conflicting with the National Voter Registration Act—the same argument that won in Arizona v. ITCA and Fish v. Kobach. Implementation is blocked pending years of litigation.

Historical Context

Arizona v. Inter Tribal Council of Arizona (2013)

June 2013

What Happened

Arizona voters passed Proposition 200 in 2004, requiring documentary proof of citizenship to register. Voting rights groups sued, and the case reached the Supreme Court. Justice Antonin Scalia, writing for a 7-2 majority, ruled that federal law preempted Arizona's requirement because the National Voter Registration Act mandates states accept the federal registration form, which requires only an attestation of citizenship.

Outcome

Short Term

Arizona could not require citizenship documentation for voters using the federal form, though it maintained a separate state-only registration with stricter requirements.

Long Term

The decision established that Congress, not states, controls federal voter registration standards—the same constitutional framework the SAVE America Act would now use in reverse to impose federal mandates on states.

Why It's Relevant Today

The SAVE America Act attempts to do through Congress what Arizona tried to do through state law: require documentary proof of citizenship. If passed, it would effectively overturn the practical effect of this ruling by changing federal law itself.

Fish v. Kobach (2018)

2016-2020

What Happened

Kansas Secretary of State Kris Kobach implemented a documentary proof of citizenship requirement in 2013. The ACLU and League of Women Voters sued. At trial, Kobach presented evidence of only 39 noncitizen registrations out of 1.8 million voters (0.002%), while the law had blocked 31,089 citizens (12.4% of new applicants) from registering. The judge fined Kobach $1,000 for attempting to mislead the court.

Outcome

Short Term

The federal court struck down the Kansas law as violating both the Constitution and the National Voter Registration Act.

Long Term

The 10th Circuit upheld the ruling in 2020, and the Supreme Court declined to hear the case. The decision demonstrated that citizenship documentation requirements block far more eligible citizens than ineligible noncitizens.

Why It's Relevant Today

The Kansas experience provides the clearest empirical evidence of how documentary proof requirements work in practice: they prevented 800 times more citizens from registering than the noncitizens they were designed to stop.

Voting Rights Act of 1965

August 1965

What Happened

Following violent suppression of civil rights marchers in Selma, Alabama, President Lyndon Johnson signed the Voting Rights Act, which abolished literacy tests, poll taxes, and other devices used to disenfranchise Black voters. The law required states with histories of discrimination to obtain federal approval before changing election rules—representing the most significant federal intervention in state election administration in American history.

Outcome

Short Term

Black voter registration in the South surged from 23% to 61% within four years. States that had maintained near-total exclusion suddenly had meaningful Black political participation.

Long Term

The preclearance requirement blocked thousands of discriminatory voting changes until the Supreme Court effectively gutted it in Shelby County v. Holder (2013), after which states rapidly enacted new voting restrictions.

Why It's Relevant Today

Senate Minority Leader Schumer compared the SAVE America Act to "Jim Crow type laws"—the very restrictions the Voting Rights Act dismantled. The SAVE America Act would represent the largest federal election mandate since the VRA, though critics and supporters disagree sharply on whether it expands or restricts voting access.

12 Sources:
+6
NBC News Congress.gov Brennan Center for Justice The 19th Wikipedia U.S. Department of Justice Bipartisan Policy Center PBS NewsHour Office of Representative Chip Roy U.S. Code NBC News Wikipedia