Speaker of the House Mike Johnson (R-La.), Rep. Chip Roy (R-Texas) (left), and Ken Cuccinelli (background), former attorney general of Virginia, hold a news conference on the House steps of the U.S. Capitol to introduce the 'Safeguard American Voter Eligibility (SAVE) Act,' which would mandate proof of U.S. citizenship for voter registration in federal elections, on Wednesday, May 8, 2024.
Speaker of the House Mike Johnson (R-La.), Rep. Chip Roy (R-Texas) (left), and Ken Cuccinelli (background), former attorney general of Virginia, hold a news conference on the House steps of the U.S. Capitol to introduce the “Safeguard American Voter Eligibility (SAVE) Act,” which would mandate proof of U.S. citizenship for voter registration in federal elections, on Wednesday, May 8, 2024. (Tom Williams/CQ-Roll Call, Inc | via Getty Images)

While much of the spotlight in Washington has been on budget fights and new tariffs, the House passed a bill that could reshape how Americans register to vote. The Safeguard American Voter Eligibility Act (SAVE Act) would require voters to show proof of U.S. citizenship — such as a passport or birth certificate — in person when registering to vote or updating their voter registration. The measure now moves to the Senate, where Democrats have promised to block it.

Supporters of the SAVE Act argue the bill is needed to ensure noncitizens don’t vote in American elections. Studies and state level audits have found such cases are rare and only account for a tiny percentage of votes.

Republicans have long pushed for stricter laws to combat voting fraud, but experts warn the bill would undermine elections because millions of eligible Americans will face new barriers to voter registration. To understand the potential impact, NPR’s Michel Martin spoke with Sean Morales-Doyle, director of the Voting Rights and Elections Program at the nonpartisan Brennan Center for Justice, which opposes the legislation.

Here’s key takeaways from their conversation.

Millions could be affected:

Morales-Doyle said the requirement could create a barrier for a significant number of Americans. “Our research shows that about 21.3 million American citizens don’t have these documents readily available,” he said. “And by these documents, I mean a birth certificate or a passport.” He added that the estimate doesn’t include the millions more whose documents don’t match their current names, for example, “women who’ve been married and have changed their name recently.”

This is not a typical voter ID law:

Morales-Doyle says there’s a distinction between this proposal and existing voter ID laws. “This is not a voter ID law,” he said. “This is not a show-your-driver’s-license when you go to vote. This is a show-your-papers law.”

He explained that the bill would require voters to show original proof of citizenship, like a birth certificate or passport, “just to register every time you register or re-register.”

It would make registration more complicated:

If the bill becomes law, Morales-Doyle said many voters will need to start preparing now – especially if they need to order needed documents.

“That can be a lot of work. It could mean spending a lot of money on a passport. It could mean going and finding your birth certificate and proof that you are the person on that birth certificate, because you’ve changed your name.”

He added, “That can take time, and so you’re going to need to do it well in advance of the elections.”

Voters in rural areas would face higher barriers:

The SAVE act would end common registration methods like online, mail-in, or voter registration drives. Morales-Doyle warned that this would especially affect people who live in remote areas. “There are definitely people who live 10, 20, 50, 100 miles away from the closest election official: people who live in rural places, people who live on tribal lands,” he said. “They’re going to have a big burden placed on their ability to get registered.”

Trust in elections:

Supporters of the bill, including House Speaker Mike Johnson, say the bill would increase public confidence in elections. But Morales-Doyle disagrees, saying the real risk is the opposite. “The reality is that people should have faith in our elections. You know, they are run with integrity already, and Speaker Johnson knows that,” he said. “So introducing a bill like this, that’s actually the reason people lack confidence in our elections, because he’s undermining their confidence.”

Jude Joffe-Block contributed.

Transcript:

MICHEL MARTIN, HOST:

With all the news about tariffs and the budget, you might have missed Congress’s efforts to pass a new voting law. The House last week passed the Safeguard American Voter Eligibility, or SAVE Act. It would require Americans to prove their citizenship when they register to vote. Here’s House Speaker Mike Johnson.

(SOUNDBITE OF ARCHIVED RECORDING)

MIKE JOHNSON: You have to prove your identity because only U.S. citizens should vote and decide U.S. elections. It’s already in federal law, but there’s no mechanism currently to ensure that that law is always followed. The SAVE Act will help make sure that is true.

MARTIN: The bill now goes to the Senate after passing the House with votes from every Republican lawmaker and a handful of Democrats. We wondered what it would mean for voters if the law were to be adopted, so we called Sean Morales-Doyle. He directs the Voting Rights and Elections Program at the Brennan Center for Justice. That’s a nonpartisan law and policy institute that opposes this legislation. I started by asking him how many potential voters might be affected.

SEAN MORALES-DOYLE: Our research shows that about 21.3 million American citizens don’t have these documents readily available. And by these documents, I mean a birth certificate or a passport. And that doesn’t even account for the millions of people who have a birth certificate handy, but it doesn’t match their current name. So, you know, for instance, women who’ve been married and have changed their name recently. So we’re talking, you know, maybe 1 out of 10 folks that don’t have these documents available.

MARTIN: Well, you heard the speaker say that it’s in the law, but there’s no mechanism to ensure that the law is always followed. I mean, part of the purpose of election law is to run elections with integrity, but it’s also to make sure that people have confidence that the elections are run with integrity. If this serves to alleviate whatever lingering doubts that people have, what’s wrong with that?

MORALES-DOYLE: Well, the problem is that it’ll disenfranchise millions of American citizens. So the reality is that people should have faith in our elections. You know, they are run with integrity already, and Speaker Johnson knows that. And so introducing a bill like this, saying the kinds of things that we just heard him say, that’s actually the reason people lack confidence in our elections is because he’s undermining their confidence in our elections.

MARTIN: So Democrats already say they’re going to do whatever they have to do, including filibuster to block this. But let’s say for the sake of argument that this goes through, what should people do?

MORALES-DOYLE: Well, I think it’s important that people know this is not a voter ID law. This is not show your driver’s license when you go to vote. This is a show your papers law. This is – you have to show in person a birth certificate or a passport just to register, every time you register or reregister. So, No. 1, people are going to need to get their documents ready if this becomes law, and that can be a lot of work. It could mean spending a lot of money on a passport. It could mean going and finding your birth certificate and proof that you are the person on that birth certificate because you’ve changed your name. That can take time, and so you’re going to need to do it well in advance of the elections. And then the last thing is it’s going to change the way you register because right now millions and millions of Americans register online or register through the mail or register at voter registration drives. None of those are going to be an option anymore.

MARTIN: What if you live far away from a voting center, like people who live in a rural area who don’t live near some government entity?

MORALES-DOYLE: The fact that the SAVE Act requires you to show your papers in person will be a serious burden for people that don’t live near their election officials. And there are definitely people who live 10, 20, 50, hundred miles away from the closest election official – people who live in rural places, people who live on tribal lands – and they’re going to have a big burden placed on their ability to get registered.

MARTIN: That is Sean Morales-Doyle. He’s the director of the Brennan Center’s Voting Rights and Elections Programs. Thanks so much for joining us.

MORALES-DOYLE: Thanks so much for having me.