[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4961-S4963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2646. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Safeguard American Voter Eligibility
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Safeguard American
Voter Eligibility Act'' or the ``SAVE Act''.
SEC. 1097. 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
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(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 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 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 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 officials under clause
(ii), which shall--
``(I) include an explanation of the minimum standards
required for a State 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 drivers 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)), the
Secretary of Homeland Security and the Commissioner of the
Social Security Administration shall, not later than 30 days
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 Secretary and the
Commissioner 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 the Secretary
and the Commissioner to respond to the request.
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``(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 Secretary 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), by striking
the period at the end 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.''.
(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 (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) 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.--
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 section 8(j), this Act does not apply to a
State''.
(l) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act, and
shall apply with respect to applications for voter
registration which are submitted on or after such date.
SEC. 1098. 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 section 1097.
SEC. 1099. 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 section 1097, including the
development or modification of any voter registration
application forms.
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