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What is the SAVE Act and why is it bad for voting?

Robin Barker | Published on 4/5/2025

The SAVE Act, and President Trump’s similar executive order, are supposed to be about fighting (non-existent) fraud, but in fact would make voting more difficult.

The SAVE Act, passed by the US House of Representatives on April 10 would mandate that voters show proof of citizenship when registering to vote, such as a passport, REAL ID, birth certificate or other similar document. This would only affect voting in federal elections.

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What qualifies as "documentary proof of citizenship"?

What qualifies as "documentary proof of citizenship?

H.R. 22, 119th Congresss, says:

(a) Definition of documentary proof of United States citizenship.—Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended—

(1) by striking “As used” and inserting “(a) In general.—As used”; and

(2) by adding at the end the following:
“(b) Documentary proof of United States citizenship.—As used in this Act, the term ‘documentary proof of United States citizenship’ means, with respect to an applicant for voter registration, any of the following:

“(1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States.

“(2) A valid United States passport.

“(3) The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States.

“(4) A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States.

“(5) A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following:

“(A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which—

“(i) was issued by the State, unit of local government, or Tribal government in which the applicant was born;

“(ii) was filed with the office responsible for keeping vital records in the State;

“(iii) includes the full name, date of birth, and place of birth of the applicant;

“(iv) lists the full names of one or both of the parents of the applicant;

“(v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born;

“(vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and

“(vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate.

“(B) An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States.

“(C) A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States.

“(D) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State.

“(E) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act.

“(F) An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.”.

If the SAVE Act were to pass, it might be difficult for many citizens to prove their citizenship, for example, if they changed their name, or had no idea how to obtain a birth certificate. If states wished to continue their current voting system, they might have to separate state and federal elections.

The League of Women Voters opposes the SAVE Act because it would create one more barrier to voting and disproportionally affect people of color, who are less likely to have access to the required documentation.

Contact your Senators and thank them for opposing the passage of the SAVE Act in the Senate.

On March 25, 2025, President Trump issued an executive order also mandating that citizens provide proof of citizenship when they register to vote. It further requires that all mail-in ballots be received by election day, even if mailed by military personnel serving overseas.

Washington* and Oregon, and 18 other states, are suing the administration saying that the president lacks the authority to tell the states how to conduct their elections. They argue that only the Constitution and acts of Congress can direct the way states handle voting.

“Washington’s voting system is already secure, fair and particularly accessible,” said Steve Hobbs, Washington’s Secretary of State.

The National Voter Registration Act of 1993 says that people can attest to, that is, formally declare or certify as true, their U.S. citizenship when they register to vote. These attempts to require proof of citizenship are in response to the belief that noncitizens are voting in large numbers, when in fact, instances of fraudulent voting are extremely rare.

*"WA sues Trump Administration over attempt to change voting” Daniel Beekman. The Seattle Times, April 4, 2025.

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