Impact of Proposed Citizenship Verification on Voter Registration

ATLANTA - The U.S. House of Representatives has recently passed a bill mandating documentary proof of U.S. citizenship for all individuals registering to vote. This legislation, known as the Safeguard American Voter Eligibility Act (SAVE Act), has raised significant concerns among voting rights advocates who warn that it could disenfranchise millions of eligible voters.

Proponents of the bill, primarily House Republicans and supporters of former President Donald Trump, argue that the measure is essential to prevent noncitizen voting, an occurrence they assert is both unacceptable and undermines electoral integrity. However, evidence suggests that such instances are extremely rare and often result from genuine mistakes rather than deliberate attempts to manipulate the electoral process.

The SAVE Act is now set to be reviewed by the Senate, where its future remains uncertain due to the Republican Party's insufficient majority to bypass a filibuster. The legislation will take effect immediately if enacted, impacting all voter registration applications.

One of the key issues highlighted in this debate is the effect of the new requirement on individuals who are already registered to vote. Advocates for the bill maintain that it will not affect current voters; however, critics argue that it will create barriers for those who need to update their registration, such as when they move or change their name.

The legislation specifies that states must reject any voter registration application that does not include acceptable documentary proof of citizenship. Acceptable forms of documentation include:

• A REAL ID-compliant driver's license indicating U.S. citizenship.
• A valid U.S. passport.
• A military identification card with a record of service showing U.S. birthplace.
• A government-issued photo ID indicating U.S. citizenship or a combination of a government-issued photo ID and a certified birth certificate.

Concerns have been raised regarding individuals whose driver's licenses do not specify their birthplace or citizenship status, as many REAL IDs do not include this information. Although REAL ID legislation was enacted to standardize identification requirements, it does not currently mandate that states indicate citizenship status on driver's licenses.

Voting rights organizations point out that the bill's documentation requirements may disproportionately affect marginalized populations, particularly those who lack easy access to birth certificates or passports. This issue is further complicated for women who may have discrepancies between their birth certificates and current identification due to name changes after marriage.

While Republicans have assured that the bill includes provisions for states to develop processes to accommodate individuals with name changes, critics argue that these provisions lack clarity and could result in inconsistent implementation across states.

The legislation also outlines procedures for submitting proof of citizenship. Applicants submitting their voter registration forms by mail must provide documentation in person to their local election office within a state-determined deadline. This requirement could pose significant challenges for individuals residing in rural areas, where access to election offices may be limited.

In states that permit same-day registration, voters would be required to present proof of citizenship at their polling place before the election concludes, potentially complicating the voting process for many individuals.

Republicans have emphasized that any instance of noncitizen voting erodes public confidence in the electoral process, while Democrats contend that existing laws already prohibit noncitizen voting and impose substantial penalties for violations. They argue that Congress should focus on enhancing state mechanisms to identify and remove noncitizens from voter rolls rather than imposing additional hurdles for eligible voters.

A recent analysis in Michigan revealed that only 15 individuals appeared to be noncitizens who voted in the 2024 general election out of over 5.7 million ballots cast, underscoring the rarity of the issue.