[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8281 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 439
118th CONGRESS
  2d Session
                                H. R. 8281


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

                     Received; read the first time

                             July 23, 2024

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To amend the National Voter Registration Act of 1993 to require proof 
   of United States citizenship to register an individual to vote in 
         elections for Federal office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguard American Voter Eligibility 
Act'' or the ``SAVE Act''.

SEC. 2. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS FOR 
              FEDERAL OFFICE.

    (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'.''.
    (b) In General.--Section 4 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20503) is amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsection (c)'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Requiring Applicants to Present Documentary Proof of United 
States Citizenship.--Under any method of voter registration in a State, 
the State shall not accept and process an application to register to 
vote in an election for Federal office unless the applicant presents 
documentary proof of United States citizenship with the application.''.
    (c) Registration With Application for Motor Vehicle Driver's 
License.--Section 5 of the National Voter Registration Act of 1993 (52 
U.S.C. 20504) is amended--
            (1) in subsection (a)(1), by striking ``Each State motor 
        vehicle driver's license application'' and inserting ``Subject 
        to the requirements under section 8(j), each State motor 
        vehicle driver's license application'';
            (2) in subsection (c)(1), by striking ``Each State shall 
        include'' and inserting ``Subject to the requirements under 
        section 8(j), each State shall include'';
            (3) in subsection (c)(2)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by adding ``and'' at the end; 
                and
                    (C) by adding at the end the following new clause:
                    ``(iii) verify that the applicant is a citizen of 
                the United States;'';
            (4) in subsection (c)(2)(C)(i), by striking ``(including 
        citizenship)'' and inserting ``, including the requirement that 
        the applicant provides documentary proof of United States 
        citizenship''; and
            (5) in subsection (c)(2)(D)(iii), by striking ``; and'' and 
        inserting the following: ``, other than as evidence in a 
        criminal proceeding or immigration proceeding brought against 
        an applicant who knowingly attempts to register to vote and 
        knowingly makes a false declaration under penalty of perjury 
        that the applicant meets the eligibility requirements to 
        register to vote in an election for Federal office; and''.
    (d) Requiring Documentary Proof of United States Citizenship With 
National Mail Voter Registration Form.--Section 6 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20505) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Each State shall accept and use'' 
                and inserting ``Subject to the requirements under 
                section 8(j), each State shall accept and use''; and
                    (B) by striking ``Federal Election Commission'' and 
                inserting ``Election Assistance Commission'';
            (2) in subsection (b), by adding at the end the following: 
        ``The chief State election official of a State shall take such 
        steps as may be necessary to ensure that residents of the State 
        are aware of the requirement to provide documentary proof of 
        United States citizenship to register to vote in elections for 
        Federal office in the State.'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) the person did not provide documentary proof of 
        United States citizenship when registering to vote.''; and
            (4) by adding at the end the following new subsection:
    ``(e) Ensuring Proof of United States Citizenship.--
            ``(1) Presenting proof of united states citizenship to 
        election official.--An applicant who submits the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2) or a form 
        described in paragraph (1) or (2) of subsection (a) shall not 
        be registered to vote in an election for Federal office 
        unless--
                    ``(A) the applicant presents documentary proof of 
                United States citizenship in person to the office of 
                the appropriate election official not later than the 
                deadline provided by State law for the receipt of a 
                completed voter registration application for the 
                election; or
                    ``(B) in the case of a State which permits an 
                individual to register to vote in an election for 
                Federal office at a polling place on the day of the 
                election and on any day when voting, including early 
                voting, is permitted for the election, the applicant 
                presents documentary proof of United States citizenship 
                to the appropriate election official at the polling 
                place not later than the date of the election.
            ``(2) Notification of requirement.--Upon receiving an 
        otherwise completed mail voter registration application form 
        prescribed by the Election Assistance Commission pursuant to 
        section 9(a)(2) or a form described in paragraph (1) or (2) of 
        subsection (a), the appropriate election official shall 
        transmit a notice to the applicant of the requirement to 
        present documentary proof of United States citizenship under 
        this subsection, and shall include in the notice instructions 
        to enable the applicant to meet the requirement.
            ``(3) Accessibility.--Each State shall, in consultation 
        with the Election Assistance Commission, ensure that reasonable 
        accommodations are made to allow an individual with a 
        disability who submits the mail voter registration application 
        form prescribed by the Election Assistance Commission pursuant 
        to section 9(a)(2) or a form described in paragraph (1) or (2) 
        of subsection (a) to present documentary proof of United States 
        citizenship to the appropriate election official.''.
    (e) Requirements for Voter Registration Agencies.--Section 7 of the 
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(A), by adding at the end the 
                following new clause:
            ``(iv) Receipt of documentary proof of United States 
        citizenship of each applicant to register to vote in elections 
        for Federal office in the State.''; and
                    (B) in paragraph (6)--
                            (i) in subparagraph (A)(i)(I), by striking 
                        ``(including citizenship)'' and inserting ``, 
                        including the requirement that the applicant 
                        provides documentary proof of United States 
                        citizenship''; and
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) ask the applicant the question, `Are you a citizen of 
        the United States?' and if the applicant answers in the 
        affirmative require documentary proof of United States 
        citizenship prior to providing the form under subparagraph 
        (C);''; and
            (2) in subsection (c)(1), by inserting ``who are citizens 
        of the United States'' after ``for persons''.
    (f) Requirements With Respect to Administration of Voter 
Registration.--Section 8 of the National Voter Registration Act of 1993 
(52 U.S.C. 20507) is amended--
            (1) in subsection (a)--
                    (A) by striking ``In the administration of voter 
                registration'' and inserting ``Subject to the 
                requirements of subsection (j), in the administration 
                of voter registration''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                    ``(D) based on documentary proof or verified 
                information that the registrant is not a United States 
                citizen; or
                    ``(E) the registration otherwise fails to comply 
                with applicable State law;'';
            (2) by redesignating subsection (j) as subsection (l); and
            (3) by inserting after subsection (i) the following new 
        subsections:
    ``(j) Ensuring Only Citizens Are Registered to Vote.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a State may not register an individual to vote in 
        elections for Federal office held in the State unless, at the 
        time the individual applies to register to vote, the individual 
        provides documentary proof of United States citizenship.
            ``(2) Additional processes in certain cases.--
                    ``(A) Process for those without documentary 
                proof.--
                            ``(i) In general.--Subject to any relevant 
                        guidance adopted by the Election Assistance 
                        Commission, each State shall establish a 
                        process under which an applicant who cannot 
                        provide documentary proof of United States 
                        citizenship under paragraph (1) may, if the 
                        applicant signs an attestation under penalty of 
                        perjury that the applicant is a citizen of the 
                        United States and eligible to vote in elections 
                        for Federal office, submit such other evidence 
                        to the appropriate State or local official 
                        demonstrating that the applicant is a citizen 
                        of the United States and such official shall 
                        make a determination as to whether the 
                        applicant has sufficiently established United 
                        States citizenship for purposes of registering 
                        to vote in elections for Federal office in the 
                        State.
                            ``(ii) Affidavit requirement.--If a State 
                        or local official makes a determination under 
                        clause (i) that an applicant has sufficiently 
                        established United States citizenship for 
                        purposes of registering to vote in elections 
                        for Federal office in the State, such 
                        determination shall be accompanied by an 
                        affidavit developed under clause (iii) signed 
                        by the official swearing or affirming the 
                        applicant sufficiently established United 
                        States citizenship for purposes of registering 
                        to vote.
                            ``(iii) Development of affidavit by the 
                        election assistance commission.--The Election 
                        Assistance Commission shall develop a uniform 
                        affidavit for use by State and local officials 
                        under clause (ii), which shall--
                                    ``(I) include an explanation of the 
                                minimum standards required for a State 
                                or local official to register an 
                                applicant who cannot provide 
                                documentary proof of United States 
                                citizenship to vote in elections for 
                                Federal office in the State; and
                                    ``(II) require the official to 
                                explain the basis for registering such 
                                applicant to vote in such elections.
                    ``(B) Process in case of certain discrepancies in 
                documentation.--Subject to any relevant guidance 
                adopted by the Election Assistance Commission, each 
                State shall establish a process under which an 
                applicant can provide such additional documentation to 
                the appropriate election official of the State as may 
                be necessary to establish that the applicant is a 
                citizen of the United States in the event of a 
                discrepancy with respect to the applicant's documentary 
                proof of United States citizenship.
            ``(3) State requirements.--Each State shall take 
        affirmative steps on an ongoing basis to ensure that only 
        United States citizens are registered to vote under the 
        provisions of this Act, which shall include the establishment 
        of a program described in paragraph (4) not later than 30 days 
        after the date of the enactment of this subsection.
            ``(4) Program described.--A State may meet the requirements 
        of paragraph (3) by establishing a program under which the 
        State identifies individuals who are not United States citizens 
        using information supplied by one or more of the following 
        sources:
                    ``(A) The Department of Homeland Security through 
                the Systematic Alien Verification for Entitlements 
                (`SAVE') or otherwise.
                    ``(B) The Social Security Administration through 
                the Social Security Number Verification Service, or 
                otherwise.
                    ``(C) State agencies that supply State 
                identification cards or driver's licenses where the 
                agency confirms the United States citizenship status of 
                applicants.
                    ``(D) Other sources, including databases, which 
                provide confirmation of United States citizenship 
                status.
            ``(5) Availability of information.--
                    ``(A) In general.--At the request of a State 
                election official (including a request related to a 
                process established by a State under paragraph (2)(A) 
                or (2)(B)), any head of a Federal department or agency 
                possessing information relevant to determining the 
                eligibility of an individual to vote in elections for 
                Federal office shall, not later than 24 hours after 
                receipt of such request, provide the official with such 
                information as may be necessary to enable the official 
                to verify that an applicant for voter registration in 
                elections for Federal office held in the State or a 
                registrant on the official list of eligible voters in 
                elections for Federal office held in the State is a 
                citizen of the United States, which shall include 
                providing the official with such batched information as 
                may be requested by the official.
                    ``(B) Use of save system.--The Secretary of 
                Homeland Security may respond to a request received 
                under paragraph (1) by using the system for the 
                verification of immigration status under the applicable 
                provisions of section 1137 of the Social Security Act 
                (42 U.S.C. 1320b-7), as established pursuant to section 
                121(c) of the Immigration Reform and Control Act of 
                1986 (Public Law 99-603).
                    ``(C) Sharing of information.--The heads of Federal 
                departments and agencies shall share information with 
                each other with respect to an individual who is the 
                subject of a request received under paragraph (A) in 
                order to enable them to respond to the request.
                    ``(D) Investigation for purposes of removal.--The 
                Secretary of Homeland Security shall conduct an 
                investigation to determine whether to initiate removal 
                proceedings under section 239 of the Immigration and 
                Nationality Act (8 U.S.C. 1229) if it is determined 
                pursuant to subparagraph (A) or (B) that an alien (as 
                such term is defined in section 101 of the Immigration 
                and Nationality Act (8 U.S.C. 1101)) is unlawfully 
                registered to vote in elections for Federal office.
                    ``(E) Prohibiting fees.--The head of a Federal 
                department or agency may not charge a fee for 
                responding to a State's request under paragraph (A).
    ``(k) Removal of Noncitizens From Registration Rolls.--A State 
shall remove an individual who is not a citizen of the United States 
from the official list of eligible voters for elections for Federal 
office held in the State at any time upon receipt of documentation or 
verified information that a registrant is not a United States 
citizen.''.
    (g) Clarification of Authority of State to Remove Noncitizens From 
Official List of Eligible Voters.--
            (1) In general.--Section 8(a)(4) of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by adding ``or'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) documentary proof or verified information 
                that the registrant is not a United States citizen;''.
            (2) Conforming amendment.--Section 8(c)(2)(B)(i) of such 
        Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking 
        ``(4)(A)'' and inserting ``(4)(A) or (C)''.
    (h) Requirements With Respect to Federal Mail Voter Registration 
Form.--
            (1) Contents of mail voter registration form.--Section 9(b) 
        of such Act (52 U.S.C. 20508(b)) is amended--
                    (A) in paragraph (2)(A), by striking ``(including 
                citizenship)'' and inserting ``(including an 
                explanation of what is required to present documentary 
                proof of United States citizenship)'';
                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) shall include a section, for use only by a State or 
        local election official, to record the type of document the 
        applicant presented as documentary proof of United States 
        citizenship, including the date of issuance, the date of 
        expiration (if any), the office which issued the document, and 
        any unique identification number associated with the 
        document.''.
            (2) Information on mail voter registration form.--Section 
        9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
                    (A) by redesignating clauses (i) through (iii) as 
                subparagraphs (A) through (C), respectively; and
                    (B) in subparagraph (C) (as so redesignated and as 
                amended by paragraph (1)(C)), by striking ``; and'' and 
                inserting the following: ``, other than as evidence in 
                a criminal proceeding or immigration proceeding brought 
                against an applicant who attempts to register to vote 
                and makes a false declaration under penalty of perjury 
                that the applicant meets the eligibility requirements 
                to register to vote in an election for Federal office; 
                and''.
    (i) Private Right of Action.--Section 11(b)(1) of the National 
Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by 
striking ``a violation of this Act'' and inserting ``a violation of 
this Act, including the act of an election official who registers an 
applicant to vote in an election for Federal office who fails to 
present documentary proof of United States citizenship,''.
    (j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C. 
20511(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraphs:
                    ``(B) in the case of an officer or employee of the 
                executive branch, providing material assistance to a 
                noncitizen in attempting to register to vote or vote in 
                an election for Federal office;
                    ``(C) registering an applicant to vote in an 
                election for Federal office who fails to present 
                documentary proof of United States citizenship; or''.
    (k) Applicability of Requirements to Certain States.--
            (1) In general.--Subsection (c) of section 4 of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20503), as 
        redesignated by subsection (b), is amended by striking ``This 
        Act does not apply to a State'' and inserting ``Except with 
        respect to the requirements under subsection (i) and (j) of 
        section 8 in the case of a State described in paragraph (2), 
        this Act does not apply to a State''.
            (2) Permitting states to adopt requirements after 
        enactment.--Section 4 of such Act (52 U.S.C. 20503) is amended 
        by adding at the end the following new subsection:
    ``(d) Permitting States to Adopt Certain Requirements After 
Enactment.--Subsections (i) and (j) of section 8 shall not apply to a 
State described in subsection (c)(2) if the State, by law or 
regulation, adopts requirements which are identical to the requirements 
under such subsections not later than 60 days prior to the date of the 
first election for Federal office which is held in the State after the 
date of the enactment of the SAVE Act.''.

SEC. 3. ELECTION ASSISTANCE COMMISSION GUIDANCE.

    Not later than 10 days after the date of the enactment of this Act, 
the Election Assistance Commission shall adopt and transmit to the 
chief State election official of each State guidance with respect to 
the implementation of the requirements under the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by 
section 2.

SEC. 4. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.

    Subchapter I of chapter 35 of title 44 (commonly referred to as the 
``Paperwork Reduction Act'') shall not apply with respect to the 
development or modification of voter registration materials under the 
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as 
amended by section 2, including the development or modification of any 
voter registration application forms.

SEC. 5. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY ELECTION 
              OFFICIALS OF NATURALIZATION.

    Upon receiving information that an individual has become a 
naturalized citizen of the United States, the Secretary of Homeland 
Security shall promptly provide notice of such information to the 
appropriate chief election official of the State in which such 
individual is domiciled.

SEC. 6. RULE OF CONSTRUCTION REGARDING PROVISIONAL BALLOTS.

    Nothing in this Act or in any amendment made by this Act may be 
construed to supercede, restrict, or otherwise affect the ability of an 
individual to cast a provisional ballot in an election for Federal 
office or to have the ballot counted in the election if the individual 
is verified as a citizen of the United States pursuant to section 8(j) 
of the National Voter Registration Act of 1993 (as added by section 
2(f)).

SEC. 7. RULE OF CONSTRUCTION REGARDING EFFECT ON STATE EXEMPTIONS FROM 
              OTHER FEDERAL LAWS.

    Nothing in this Act or in any amendment made by this Act may be 
construed to affect the exemption of a State from any requirement of 
any Federal law other than the National Voter Registration Act of 1993 
(52 U.S.C. 20501 et seq.).

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of the enactment of this Act, and shall apply with respect to 
applications for voter registration which are submitted on or after 
such date.

            Passed the House of Representatives July 10, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
                                                       Calendar No. 439

118th CONGRESS

  2d Session

                               H. R. 8281

_______________________________________________________________________

                                 AN ACT

 To amend the National Voter Registration Act of 1993 to require proof 
   of United States citizenship to register an individual to vote in 
         elections for Federal office, and for other purposes.

_______________________________________________________________________

                             July 23, 2024

            Read the second time and placed on the calendar