[House Report 118-552]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-552

======================================================================



 
                SAFEGUARD AMERICAN VOTER ELIGIBILITY ACT

                                _______
                                

 June 14, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

         Mr. Steil, from the Committee on House Administration, 
                         submitted the following 

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 8281]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 8281) 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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     8
Committee Action.................................................    23
Committee Consideration..........................................    24
Committee Votes..................................................    24
Committee Oversight Findings.....................................    24
Statement of Budget Authority and Related Items..................    24
Congressional Budget Office Estimate.............................    25
Performance Goals and Objectives.................................    25
Duplication of Federal Programs..................................    25
Advisory on Earmarks.............................................    25
Federal Mandates Statement.......................................    25
Advisory Committee Statement.....................................    26
Applicability to Legislative Branch..............................    26
Section-by-Section Analysis......................................    26
Changes in Existing Law as Reported..............................    29
Minority Views...................................................    47

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 8281, the Safeguard American Voter Eligibility Act 
(``SAVE'' Act), introduced by Representative Chip Roy (TX-21) 
with forty-six original co-sponsors, amends the National Voter 
Registration Act (``NVRA'') to require individuals registering 
to vote in a federal election, under any voter registration 
method, to provide their State with documentary proof of U.S. 
citizenship before the State can accept and process their voter 
application. For applicants registering without documentary 
proof of U.S. citizenship, State officials can cross-check the 
applicant's information across federal and State databases and 
determine within twenty-four hours whether the applicant is a 
citizen. The SAVE Act also clarifies that States can remove 
noncitizens from their voter rolls, requires States to 
establish a program to remove noncitizens from their voter 
rolls, and gives States no-cost access to several federal and 
State databases to do so. It also expands the NVRA's existing 
private right of action to empower citizens to bring civil 
suits against State election officials that fail to uphold the 
Act's proof of citizenship requirement and adds criminal 
penalties for election officials, including executive branch 
officials, that register noncitizens to vote in Federal 
elections. Federal law makes it unlawful for noncitizens to 
vote in federal elections but following the Supreme Court's 
decision in Arizona v. Inter Tribal Council of Ariz., Inc.,\1\ 
States have been prevented from asking applicants registering 
to vote for documentary proof of U.S. citizenship.
---------------------------------------------------------------------------
    \1\133 S.Ct. 2247 (2013).
---------------------------------------------------------------------------
    This has frustrated both the federal prohibition against 
noncitizen voting as well as State prohibitions. Combined with 
States refusing to clean their voter rolls under the NVRA and 
the over 7 million illegal aliens that have come into the U.S. 
under President Biden, Americans do not have confidence that 
federal elections are free from foreign interference. The SAVE 
Act requires States to ensure that only U.S. citizens are 
voting in federal elections.

                  Background and Need for Legislation


                               BACKGROUND

    Article I, Section 4 of the United States Constitution\2\ 
(``the Elections Clause'') explains that the States have the 
primary authority over election administration, the ``times, 
places, and manner of holding elections''[.] State authority to 
administer elections for federal office was not a power 
reserved by the States, but was instead expressly delegated to 
them under the Constitution.\3\ The Elections Clause also 
grants Congress a purely secondary role\4\ to alter or create 
election laws, and regulate how federal elections are held.\5\ 
As do other aspects of our federal system, this division of 
sovereignty continues to serve to protect one of Americans' 
citizens most precious freedoms, the right to vote.
---------------------------------------------------------------------------
    \2\U.S. Const. art. I, Sec. 4, cl. 1 (``[t]he Times, Places and 
Manner of holding Elections for Senators and Representatives, shall be 
prescribed in each State by the Legislature thereof; but the Congress 
may at any time by Law make or alter such Regulations . . .'').
    \3\U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 804 (1995).
    \4\Although the text of the Elections Clause, read literally and 
without the benefit of context, might suggest Congress has unlimited 
authority in this space, an examination of an examination of history, 
precedent, the Framers' words, debates concerning ratification, the 
Supreme Court, and the Constitution itself provide that this is not the 
case. See Report: The Elections Clause: States' Primary Constitutional 
Authority Over Elections, Comm. on H. Admin. (Republicans) (Aug. 12, 
2021), https://republicanscha.house.gov/sites/
republicans.cha.house.gov/files/doc uments/
Report_The%20Elections%20Clause_States%20Primary%20Constitutional%20Auth
ority %20over%20Elections%20%28Aug%2011%2021%29.pdf.
    \5\Arizona v. Inter Tribal Council of Ariz., Inc, 133 S.Ct. 2247, 
2257 (2013).
---------------------------------------------------------------------------
    The federal Constitution contains several voting rights 
amendments, all of which only protect ``the right of citizens 
of the United States'' in the voting process.\6\ To enforce 
those rights, federal law makes it unlawful for noncitizens to 
vote in federal elections.\7\ Similarly, federal law prohibits 
foreign nationals\8\ from contributing or donating in 
connection with a federal, state, or local election,\9\ making 
a contribution or donation to a committee of a political 
party,\10\ or making an expenditure (including an independent 
expenditure) or disbursement for an electioneering 
communication.\11\ Although the Supreme Court of the United 
States has never been presented with the question whether the 
foreign national prohibition violates the First Amendment, it 
has previously affirmed a three-judge court's decision, 
authored by then-Judge Kavanaugh, which upheld the foreign 
national prohibition with respect to foreign nationals who 
wanted to make contributions to federal and State 
candidates.\12\
---------------------------------------------------------------------------
    \6\See U.S. Const. Amend. XV, Sec. 1 ``The right of citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previous condition 
of servitude.''; U.S. Const. Amend. XIX, Sec. 1 ``The right of citizens 
of the United States to vote shall not be denied or abridged by the 
United States or by any State on account of sex.''; U.S. Const. Amend. 
XXIV, Sec. 1 ``The right of citizens of the United States to vote in 
any primary or other election for President or Vice President, for 
electors for President or Vice President, or for Senator or 
Representative in Congress, shall not be denied or abridged by the 
United States or any State by reason of failure to pay any poll tax or 
other tax.''; U.S. Const. Amend. XXVI, Sec. 1 ``The right of citizens 
of the United States, who are eighteen years of age or older, to vote 
shall not be denied or abridged by the United States or by any State on 
account of age.''
    \7\See 18 U.S.C. Sec. 611. Each of the voting rights amendments 
listed in the previous footnote provide the authority for Congress to 
enforce the amendment by appropriate legislation. In South Carolina v. 
Katzenbach, the Supreme Court held that Congress has the power to act 
under this authority as it would any of its powers under Article I, 
Section 8 as articulated in McCulloch v. Maryland. See South Carolina 
v. Katzenbach, 383, U.S. 301, 326-27 (1966). Allowing non-citizens to 
cast ballots in American elections weakens our electoral system, 
directly and indirectly impacts Federal policy and funding decisions 
and candidate choice through the election of State and local officials, 
dilutes the value of citizenship, and sows distrust in our elections 
system; even if a State has the sovereign authority, no State should 
permit noncitizens to cast ballots in State or local elections. See 
U.S. Const. Amend. XIV; U.S. Const. Amend. XV; U.S. Const. Amend. XIX; 
U.S. Const. Amend. XXIV; U.S. Const. Amend. XXVI.
    \8\Federal law defines foreign national as an individual who is not 
a citizen of the United States and not lawfully admitted for permanent 
residence under 8 U.S.C. Sec. 1101(a)(20) or a foreign principal, as 
defined in 22 U.S.C. Sec. 611(b).
    \9\52 U.S.C. Sec. 30121(a)(1)(A).
    \10\Id. at Sec. 30121(a)(1)(B).
    \11\Id. at Sec. 30121(a)(1)(C). Federal law defines an 
electioneering communication as ``any broadcast, cable, or satellite 
communication which--refers to a clearly identified candidate for 
Federal office; is made within--60 days before a general, special, or 
runoff election for the office sought by the candidate; or 30 days 
before a primary or preference election, or a convention or caucus of a 
political party that has authority to nominate a candidate, for the 
office sought by the candidate; and in the case of a communication 
which refers to a candidate for an office other than President or Vice 
President, is targeted to the relevant electorate.'' Id. at 
Sec. 30104(f)(3).
    \12\See Bluman v. FEC, 800 F. Supp. 2d 281, 288 (D.D.C. 2011), 
aff'd, 565 U.S. 1104 (2012). Importantly, the three-judge decision did 
not rely on Congress' power under the Elections Clause of Article I, 
Section 4 to justify the foreign national spending prohibition. Cf. 
Report: The Elections Clause: States' Primary Constitutional Authority 
Over Elections, Comm. on H. Admin. (Republicans) (Aug. 12, 2021), 
https://republicanscha.house.gov/sites/republicans.cha.house.gov/files/
documents/
Report_The%20Elections%20Clause_States%20Primary%20Constitutional%20Au 
thority%20over%20Elections%20%28Aug%2011%2021%29.pdf.
---------------------------------------------------------------------------
    Every State has used its constitutional authority to 
establish voter qualifications, often consisting of age, 
residency, and citizenship requirements.\13\ Several States 
have enshrined U.S. citizenship in their State constitution as 
a qualification for voters to vote in State elections.\14\ To 
enforce both the federal and State constitutional and statutory 
prohibitions on noncitizen voting, several States have enacted 
documentary proof of citizenship requirements when applicants 
register to vote.\15\ But as explained below, following the 
Supreme Court's interpretation of the National Voter 
Registration Act (``NVRA'') in Arizona v. Inter Tribal Council 
of Ariz., Inc (``ITCA'') as well as other lower court 
decisions, States have been relegated to enforcing the federal 
and State prohibitions on noncitizen voting by requiring 
applicants to sign, under penalty of perjury, that they are a 
citizen without being able to ask for documentary proof.
---------------------------------------------------------------------------
    \13\See Kramer v. Union Free School District 395 U.S. 621, 625 
(1969) (`` . . . States have the power to impose reasonable 
citizenship, age, and residency requirements on the availability of the 
ballot.''); See also Carrington v. Rash, 380 U.S. 89, 91 (1965) 
(``There can be no doubt either of the historic function of the States 
to establish, on a nondiscriminatory basis, and in accordance with the 
Constitution, other qualifications for the exercise of the 
franchise.'')
    \14\See Laws permitting noncitizens to vote in the United States, 
Ballotpedia, available at https://ballotpedia.org/
Laws_permitting_noncitizens_to_vote_in_the_United_States.
    \15\See, e.g. A.R.S. Sec. 16-121.01; MS Code Sec. 23-15-15; K.S.A. 
25-2309.
---------------------------------------------------------------------------
    The NVRA was signed into law by President Bill Clinton in 
1993 ``to establish procedures that will increase the number of 
eligible citizens who register to vote in elections for Federal 
office; . . . protect the integrity of the electoral process; 
and . . . ensure that accurate and current voter registration 
rolls are maintained.''\16\ In conjunction with the 
Constitution's voting rights amendments, Congress also found 
that ``the right of citizens of the United States to vote is a 
fundamental right''[.]\17\ The legislation is commonly referred 
to as the ``motor voter'' law because it requires States to 
provide individuals with voter registration materials when they 
apply for a driver's license.\18\ However, effective August 1, 
1994, the NVRA exempted States from its requirements that they 
either had no voter-registration requirements or had election-
day voter registration at polling places with respect to 
elections for federal office.\19\
---------------------------------------------------------------------------
    \16\52 U.S.C. Sec. 20501(b).
    \17\Id. at Sec. 20501(a).
    \18\Id. at Sec. 20503(a).
    \19\Id. Sec.  20503(b). Those States are Idaho, Minnesota, 
New Hampshire, North Dakota, Wisconsin, and Wyoming. Of these, North 
Dakota is the only one that does not have voter registration.
---------------------------------------------------------------------------

                        THE NVRA AND NONCITIZENS

    Although almost no States allow noncitizens to vote in 
their elections, over 20 States do allow noncitizens to apply 
for driver's licenses.\20\ Unfortunately, because of human 
error in the process at the counter or in the computer system, 
noncitizens will be given voter registration forms and might 
unlawfully register to vote in at least some of these 
situations. This is not a hypothetical as Pennsylvania admitted 
that just a few years ago it had inadvertently allowed over 
10,000 noncitizens to register to vote via this process,\21\ 
and Texas has had similar problems with nearly 100,000 
registrations.\22\ And now that Pennsylvania and other States 
have implemented automatic voter registration when an applicant 
obtains a new or renewed driver license or identification card 
unless the applicant affirmatively opts-out, there is a strong 
possibility that at least some noncitizens will continue to end 
up on the voter rolls.\23\ When Illinois implemented automatic 
voter registration several years ago, hundreds of noncitizens 
ended up on the voter rolls.\24\ More recently, Ohio announced 
it was removing upwards of 100 noncitizens from their 
rolls\25\, a Georgia audit found more than 1,600 noncitizens 
had attempted to register to vote\26\, and Virginia recently 
removed almost 1,500 noncitizens from its rolls.\27\ 
Remarkably, the Public Legal Interest Legal Foundation has 
found that in California, Florida, Texas, Virginia, 
Pennsylvania, and New Jersey, noncitizens that admitted they 
were not U.S. citizens were still incorrectly registered to 
vote.\28\
---------------------------------------------------------------------------
    \20\See States Offering Driver's Licenses to Immigrants, National 
Conference of State Legislatures (Mar. 13, 2023), https://www.ncsl.org/
immigration/states-offering-drivers-licenses-to-immi grants.
    \21\Rowan Scarborough, Stephen Dinan, Pennsylvania admits to 11,000 
noncitizens registered to vote, Washington Times (Jan. 30, 2019), 
https://www.washingtontimes.com/news/2019/jan/30/pennsylvania-11000-
non-citizens-registered-vote/.; Pam Fessler, Some Noncitizens Do Wind 
Up Registered To Vote, But Usually Not On Purpose, National Public 
Radio (Feb. 26, 2019), https://www.npr.org/2019/02/26/697848417/some-
noncitizens-do-wind-up-registered-to-vote-but-usually-not-on-purpose.
    \22\Alexa Ura, Texas' renewed voter citizenship review is still 
flagging citizens as ``possible non-U.S. citizens'', The Texas Tribune 
(Dec. 17, 2021), https://www.texastribune.org/2021/12/17/texas-voter-
roll-review/.
    \23\Governor Shapiro Implements Automatic Voter Registration in 
Pennsylvania, Joining Bipartisan Group of States That Have Taken 
Commonsense Step to Make Voter Registration More Streamlined and 
Secure, Governor Josh Shapiro (Sept. 19, 2023), https://
www.governor.pa.gov/newsroom/governor-shapiro-implements-automatic-
voter-registration-in-pennsylvania-joining-bip artisan-group-of-states-
that-have-taken-commonsense-step-to-make-voter-registration-more-stre 
amlined-and-secure/.
    \24\Mike Lowe, Hundreds of non-citizens registered to vote in 
Illinois due to technical glitch, WGN9 (Jan. 21, 2020), https://
wgntv.com/news/hundreds-of-non-citizens-registered-to-vote-in-ill 
inois-due-to-technical-glitch/.
    \25\Anders Hagstrom, Ohio purges `non-citizens' from state voter 
rolls, calls on Biden admin for data ahead of 2024 election, Fox News 
(May 14, 2024), https://www.foxnews.com/politics/ohio-purges-non-
citizens-state-voter-rolls-calls-biden-admin-data-ahead-2024-election.
    \26\Ga. elections chief finds 1,634 noncitizen voting attempts, 
1226 (April 11, 2022), https://www.wrdw.com/2022/04/11/watch-live-ga-
elections-news-conference/.
    \27\VA Records Show Non-citizens Voting, EPEC News, available at 
https://epec.info/2024/03/22/va-records-show-non-citizens-voting/.
    \28\Testimony of J. Christian Adams, Before the U.S. House of 
Representatives Committee on House Administration (May 16, 2024), 
https://docs.house.gov/meetings/HA/HA00/20240516/117312/HHRG-118-HA00-
Wstate-AdamsJ-20240516.pdf.
---------------------------------------------------------------------------
    In addition to driver's licenses, noncitizens are eligible 
for a variety of federal and State benefit programs. On the 
federal level, such programs include the Supplemental Nutrition 
Assistance Program, the Supplemental Security Income Program, 
Temporary Assistance for Needy Families, and Medicaid, among 
others.\29\ At the State level, such programs include New 
York's Safety Net Assistance, California's CalFresh Food 
Assistance Program, and California's Cash Assistance Program 
for Immigrants, among others.\30\ As with driver's licenses, 
when noncitizens apply for and receive government benefits, 
there is a possibility their names end up on the voter rolls.
---------------------------------------------------------------------------
    \29\Abigail F. Kolker, Noncitizen Eligibility for Federal Public 
Assistance: Policy Overview, CRS Report RL33809, https://
crsreports.congress.gov/product/pdf/RL/RL33809.
    \30\Fact Sheet: Immigrants and Public Benefits, National 
Immigration Forum, https://immigrationforum.org/wp-content/uploads/
2018/08/Immigrants-and-Public-Benefits-FINALupdat ed.pdf.
---------------------------------------------------------------------------
    Unfortunately, the risk of unlawful noncitizen voting in 
federal and State elections is not a myth. In the 1996 federal 
midterm election for California's 46th District, the House 
committee charged with investigating the race found ```clear 
and convincing' evidence that 624 aliens had voted illegally in 
the Dornan-Sanchez election and circumstantial evidence that 
another 196 aliens also had done so.''\31\ In 2011, Fairfax 
County, Virginia, discovered over 278 noncitizens on the voter 
roll and learned that 117 of them had illegally voted in 
Virginia elections.\32\ Over the past decade, several different 
Arizona counties reported finding hundreds noncitizens on the 
voter rolls and determined some of them illegally voted in 
federal elections.\33\ Other jurisdictions like Chicago, 
Illinois, San Diego County, California, and Alleghany County, 
Pennsylvania have all dealt with similar problems and learned 
that noncitizens had illegally voted.\34\
---------------------------------------------------------------------------
    \31\Hans von Spakovsky, J. Christian Adams, Despite Liberals' 
Hysterical Denials, Aliens Are Registering and Voting, The Daily Signal 
(June 6, 2024), https://www.dailysignal.com/2024/06/06/despite-
liberals-hysterical-denial-aliens-are-registering-and-voting/.
    \32\Id.
    \33\Id.
    \34\Id.
---------------------------------------------------------------------------
    Today, it is more likely than ever before that noncitizens 
that apply for and receive federal benefits could end up on a 
State's voter rolls. On March 7, 2021, President Joe Biden 
signed an executive order, ``Executive Order on Promoting 
Access to Voting''\35\ (``President Biden's order'') that turns 
every federal agency into a voter registration agency\36\ under 
the NVRA. Under President Biden's order, federal agencies are 
required to ``consider ways to expand citizens'' opportunities 
to register to vote and to obtain information about, and 
participate in, the electoral process.''\37\ As such, the head 
of each federal agency is required to evaluate how the agency 
can promote voter registration and voter participation, 
including, but not limited to, providing voting information in 
the course of activities or services that directly engage with 
the public through agency materials, websites, online forms, 
social media platforms, and providing links on agency websites 
to State online voter registration systems. In addition, the 
agency head should attempt to provide access to voter 
registration services and vote-by-mail ballot applications in 
the course of activities or services that directly engage with 
the public, including assisting applicants in completing voter 
registration and vote-by-mail ballot applications, and 
soliciting and facilitating nonpartisan third-party 
organizations and State officials to provide voter registration 
services on agency premises. As a result, noncitizens are more 
likely than ever to encounter voter registration materials when 
they engage with a federal agency\38\, as recently confirmed by 
the Alabama Secretary of State Wes Allen.\39\
---------------------------------------------------------------------------
    \35\Exec. Order No. 14019, 86 Fed. Reg 19569 (Mar. 7, 2021).
    \36\52 U.S.C. Sec. 20502(5).
    \37\Exec. Order No. 14019, 86 Fed. Reg 19569 (Mar. 7, 2021).
    \38\On November 30, 2023, the Committee on House Administration met 
in open session and passed H.R. 6493, the Safeguarding Electoral 
Integrity Act of 2023. The legislation, as amended, repeals President 
Biden's Executive Order on Promoting Access to Voting, and requires 
plans made under it to be submitted to various congressional 
committees.
    \39\Wes Allen Exposes Federal Government Policy of Providing Voter 
Registration Forms to Non-Citizens, Alabama Secretary of State (June 5, 
2024), https://www.sos.alabama.gov/news room/wes-allen-exposes-federal-
government-policy-providing-voter-registration-forms-non.
---------------------------------------------------------------------------
    The NVRA allows States to remove registered individuals 
from its voter rolls if the registrant requests it, if State 
law prohibits those individuals from exercising the franchise 
by reason of criminal conviction or mental incapacity, or if 
the State carries out a general program to remove voters that 
have died or moved.\40\ With the exceptions provided for in the 
preceding sentence, a State, within 90 days prior of a primary 
or general election for federal office cannot undertake a 
program with the purpose of systematically removing ineligible 
voters from its voter rolls.\41\ In addition, the NVRA also 
imposes strict guidelines the State must follow in carrying out 
a program to remove voters that have moved.\42\
---------------------------------------------------------------------------
    \40\52 U.S.C. Sec. Sec. 20507(a)(3)-(4).
    \41\Id. at Sec. 20507(c)(2)(A).
    \42\Id. at Sec. 20507(b)-(e).
---------------------------------------------------------------------------
    While the NVRA is premised squarely on the concept of only 
American citizens voting in federal elections,\43\ it does not 
expressly provide States with the authority to remove 
noncitizens from voter rolls. The NVRA's silence on this 
question only makes matters worse when combined with its 
convoluted provisions concerning the timing of a State's 
removal of ineligible registrants from its voter rolls. In 
2012, the Florida Secretary of State removed identified 
noncitizens from the state's voter rolls within the 90-day 
period before the primary and general election.\44\ When this 
program was challenged as occurring unlawfully within the 
NVRA's restricted 90-day timeframe, the district court held 
that noncitizen removal was exempt from the NVRA's restrictions 
because those only applied to registrants who were lawfully 
registered to vote in the first instance.\45\ But the United 
States Court of Appeals for the Eleventh Circuit reversed the 
district court, holding that the 90-day timeframe applies to 
any systematic removal program except for those that execute 
removal upon request by or death of the registrant, or as 
provided by State law by reason of criminal conviction or 
mental incapacity.\46\
---------------------------------------------------------------------------
    \43\See Id. at Sec. Sec. 20501(a)-(b) (explaining that in the NVRA, 
Congress found the right of citizens to vote in the United States was a 
fundamental right, and two purposes of the NVRA are to increase the 
number of eligible citizens who register to vote and enhance their 
participation in elections for Federal office.)
    \44\Arcia v. Florida Secretary of State, 772 F. 3d 1335, 1339-40 
(11th Cir. 2014).
    \45\Arcia v. Detzner, 908 F. Supp. 2d 1276, 1282-83 (S.D. FL. 
2012).
    \46\Arcia, 772 F. 3d at 1345. While the NVRA does not define what a 
``systematic'' plan is, the court found Florida's plan to be systematic 
because it ``did not rely upon individualized information or 
investigation to determine which names from the voter registry to 
remove. Rather, the Secretary used a mass computerized data-matching 
process to compare the voter rolls with other state and federal 
databases, followed by the mailing of notices.'' Id. at 1344.
---------------------------------------------------------------------------

                  LIMITED ACCESS TO FEDERAL DATABASES

    Congress created the U.S. Department of Homeland Security 
(DHS) in response to the terrorist attacks on September 11, 
2001, and DHS is the leading federal agency on matters of 
immigration.\47\ DHS houses the Systematic Alien Verification 
for Entitlements (SAVE) Program, which is ``designed to help 
federal, state, tribal, and local government agencies confirm 
citizenship and immigration status prior to granting benefits 
and licenses, as well as for other lawful purposes.''\48\ The 
SAVE program allows DHS to verify an the immigration status or 
naturalized or derived citizenship status for any individual 
listed in its database of processed names. The SAVE program is 
currently utilized for ``Social Security benefits, unemployment 
benefits, education assistance, housing assistance, public 
health care, Supplemental Nutrition Assistance Program (SNAP) 
benefits, Temporary Assistance for Needy Families, Medicaid, 
Children's Health Insurance Program (CHIP), conducting 
background investigations, armed forces recruitment, REAL ID 
compliance, and other purposes authorized by law.''\49\ SAVE 
only provides the requesting agency the information is has 
regarding the applicant; it does not determine the applicant's 
eligibility for a specific benefit.\50\ While the SAVE program 
is a potent tool, it cannot verify an applicant's status using 
only a first and last name\51\ but instead requires an 
individual's first name, last name, date of birth, and a 
numeric identifier from a U.S. government issued immigration 
document (e.g., Alien/USCIS Number; Form I-94 etc.) in order to 
conduct a successful query.\52\
---------------------------------------------------------------------------
    \47\Homeland Security Act of 2002, P. Law. 107-296, 116 STAT 2135.
    \48\DHS/USCIS/PIA-006 Systematic Alien Verification for 
Entitlements (SAVE) Program, U.S. Department of Homeland Security, 
available at https://www.dhs.gov/publication/systematic-alien-
verification-entitlements-save-program.
    \49\Privacy Impact Assessment for the Systematic Alien Verification 
for Entitlements Program, U.S. Department of Homeland Security (June 
30, 2020), https://www.dhs.gov/sites/default/files/publications/
privacy-pia-uscis006c-save-july2020.pdf.
    \50\Id.
    \51\Id.
    \52\U.S. Citizen and Immigration Services, SAVE Verification 
Process, (Dec. 19, 2023), https://www.uscis.gov/save/about-save/save-
verification-process#:text=For%20SAVE%20to%20verify%2 
0a,Departure%20Record%2C%20number%3B%20Student%20and.https://
www.uscis.gov/save/abo ut-save/save-verification-process.
---------------------------------------------------------------------------
    In June of 2012, Florida sued DHS seeking access to the 
SAVE database to determine whether noncitizens were registered 
to vote in Florida.\53\ Following a settlement, DHS agreed to 
process requests from several States including Florida, Iowa, 
North Carolina, and others when they request the citizenship 
information of applicants registering to vote or of registrants 
already on the rolls.\54\
---------------------------------------------------------------------------
    \53\Florida Department of State Receives Commitment from U.S. 
Department of Homeland Security to Provide Access to Citizenship 
Database, Florida Department of State (July 14, 2012), https://
dos.fl.gov/communications/press-releases/2012/florida-department-of-
state-receives-commit ment-from-us-department-of-homeland-security-to-
provide-access-to-citizenship-database/.
    \54\Id. See also Muzaffar Chishti, Faye Hipsman, State Access to 
Federal Immigration Data Stirs New Controversy in Debate over Voting 
Rights, Migration Policy Institute (Sept. 12, 2013), https://
www.migrationpolicy.org/article/state-access-federal-immigration-data-
stirs-new-controver sy-debate-over-voting-rights.
---------------------------------------------------------------------------
    As recently as March of 2022, Georgia used the SAVE 
database to determine that almost 1,700 applicants that were 
originally placed into the ``pending citizenship'' status in 
its voter registration database were noncitizens.\55\ However, 
DHS does not appear to be granting the same access to the SAVE 
program to every other State. Some States report long 
processing delays or apparently ``slow-walking'' of 
requests.\56\ Further, the fees charged to States by DHS for 
use of the SAVE database have limited its use.\57\
---------------------------------------------------------------------------
    \55\Citizenship Audit Finds 1,634 Noncitizens Attempted to Register 
to Vote, Georgia Secretary of State Brad Raffensperger (Mar. 28, 2022), 
https://sos.ga.gov/news/citizenship-audit-finds-1634-noncitizens-
attempted-register-vote.
    \56\This information was provided by Texas to Committee on House 
Administration staff during oversight travel in March of 2022. See also 
Committee on House Administration's Faith in Elections Project.
    \57\Several States have complained to staff on the Committee on 
House Administration during oversight travel regarding the fees imposed 
by the Department of Homeland Security when a State requests it use its 
SAVE database to help with voter verification efforts.
---------------------------------------------------------------------------
    Like DHS, the U.S. Social Security Administration (SSA) 
also maintains information regarding the citizenship status of 
individuals applying for Social Security numbers or other 
benefits that can help States confirm the citizenship status of 
applicants registering to vote or individuals already on the 
voter rolls. In the United States, having a lawfully issued 
Social Security number does not confer citizenship status. 
Rather, some noncitizens will have a Social Security number 
because they are lawfully authorized to work in the United 
States or have been admitted for permanent residence\58\, but 
because they are not citizens, they are not permitted vote or 
register to vote in federal elections and in almost every State 
for state elections. However, federal law is particularly 
strict on when the SSA is allowed to provide citizenship 
information to requesting agencies, and confirming the 
citizenship status of an applicant or registered voter is not a 
lawful disclosure.\59\ As such, SSA is not currently able to 
provide this information, even upon request.
---------------------------------------------------------------------------
    \58\Abigail F. Kolker, William R. Morton, Noncitizen Eligibility 
for Employment Authorization and Work-Authorized Social Security 
Numbers, Congressional Research Service (Mar. 22, 2023), https://
crsreports.congress.gov/product/pdf/R/R47483.
    \59\Disclosure of Social Security Numbers, Office of Privacy and 
Civil Liberties U.S. Department of Justice (Oct. 11, 2022), https://
www.justice.gov/opcl/overview-privacy-act-1974-2020-edi tion/ssn. 
https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/
ssnhttps://www.justi ce.gov/opcl/overview-privacy-act-1974-2020-
edition/ssn. The Committee on House Administration believes federal law 
should be amended to require the Social Security Administration to 
share its Death Masterfile to help States determine whether voters on 
their rolls are still living.
---------------------------------------------------------------------------
    In 1996, Congress enacted legislation that prohibited 
noncitizens from voting in federal elections.\60\ Since that 
time, a number of local jurisdictions have permitted 
noncitizens to vote in their elections.\61\ Among others, the 
list includes eleven jurisdictions in Maryland, three 
jurisdictions in Vermont, at least one jurisdiction in 
California, New York City, and the District of Columbia.\62\ 
While successful court challenges have hobbled some efforts 
like in San Francisco and New York City,\63\ other challenges 
have failed.\64\ For example, the Vermont Supreme Court held 
that the Vermont Constitution does not prohibit cities from 
allowing noncitizens to vote in local elections.\65\ And after 
the District of Columbia allowed noncitizens to vote in its 
elections, Congress, at the time of printing, has failed to 
override the law in the requisite time to prevent it from going 
into effect.\66\ In May of 2024, the House of Representatives 
passed additional legislation to require U.S. citizenship for 
voters in local elections in the District of Columbia that will 
likely not be considered in the Senate.\67\
---------------------------------------------------------------------------
    \60\18 U.S.C. Sec. 611; See also Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, Pub. L. 104-208, Section 217.
    \61\Ballotpedia, supra note 14.
    \62\Id. Recently, the San Francisco's Board of Supervisors 
unanimously voted to appoint a noncitizen to San Franisco's Election 
Commission despite the fact she cannot vote in federal or statewide 
California races. See Gabriel Hays, Immigrant from Hong Kong becomes 
first non-US citizen appointed to San Francisco Election Commission, 
(Feb. 16, 2024), https://www.foxnews .com/media/immigrant-hong-kong-
becomes-first-non-us-citizen-appointed-san-francisco-election-
commission.
    \63\In mid-February 2024, the Appellate Division for the Second 
Judicial Department in New York affirmed a lower court's ruling that 
New York City's noncitizen voting law violated the New York 
Constitution as the state constitution protects the right of citizens 
of the United States to vote, not citizens of New York. See Fossella v. 
Adams, __ AD3d __, 2024 NY Slip Op 00891 (2nd Dept 2024).
    \64\Ballotpedia, supra note 14.
    \65\Ferry, et al. v. City of Montpelier, 2023 VT 4.
    \66\Under the District of Columbia Home Rule Act, Congress had 30 
days to override the Local Resident Voting Rights Amendment Act of 2022 
that allowed noncitizens to vote if they are 18 years of age and have 
resided in the District for 30 days. The U.S. House of Representatives 
passed a disapproval resolution on February 9, 2023. See H.J. Res. 24, 
Disapproving the action of the District of Columbia Council in 
approving the Local Resident Voting Rights Amendment Act of 2022, 118th 
Cong. Sec. 1 (2023). However, the U.S. Senate has not acted on the 
disapproval resolution.
    \67\See Roll Call 232, available at https://clerk.house.gov/Votes/
2024232.
---------------------------------------------------------------------------

    THE NVRA, THE FEDERAL FORM, AND DOCUMENTARY PROOF OF U.S.  
                         CITIZENSHIP LAWS 

    The NVRA requires a State's voter registration form to 
include only the minimum amount necessary to prevent duplicate 
voter registrations and enable State election officials to 
assess the eligibility of the applicant and administer voter 
registration.\68\ In conjunction with the above, the NVRA can 
also be interpreted to limit the ability of the States to 
enforce their voter eligibility requirements, such as U.S. 
citizenship. This is because the NVRA requires a State's voter 
registration materials to include an attestation that the 
applicant meets each [voter eligibility] requirement; and 
requires the signature of the applicant, under penalty of 
perjury.''\69\ This requirement, when interpreted in light of 
the NVRA's minimum amount necessary language, has been read by 
federal courts prohibit State's from requiring applicants to 
produce documentary proof of U.S. citizenship.\70\
---------------------------------------------------------------------------
    \68\Id. at Sec. 20504(c)(2)(B).
    \69\Id. at Sec. 20504(c)(2)(C).
    \70\See Fish v. Kobach, 840 F. 3d 710 (10th Cir. 2016) (holding 
that Kansas's U.S. documentary proof of citizenship requirement was 
preempted by the NVRA's ``minimum amount of information necessary'' 
provision and therefore unenforceable).
---------------------------------------------------------------------------
    One way the NVRA increased the number of eligible citizens 
who register to vote in elections for Federal office was the 
creation of the national mail voter registration application 
form (``federal form'').\71\ The NVRA requires each State to 
``accept and use'' the federal form for applicants that 
register to vote in elections for federal office.\72\ When 
applicants register on the federal form, they must follow the 
State specific instructions for the State where they are 
applying to register to vote. But in order to be placed on the 
federal form, those instructions must first be accepted by the 
U.S. Election Assistance Commission (``EAC''). When some States 
requested that the EAC include their documentary proof of 
citizenship requirement as part of their state-specific 
instructions, the EAC refused, and the litigation described 
below ensued. Today, the federal form only requires applicants 
to swear or affirm under penalty of perjury that they are a 
U.S. citizen.\73\
---------------------------------------------------------------------------
    \71\52 U.S.C. Sec. 20505.
    \72\Id. at Sec. 20505(a). With the codification of the Help America 
Vote Act of 2002, the federal form went from being housed with the 
Federal Election Commission to the Election Assistance Commission. See 
Id. at Sec. 20508.
    \73\National Mail Voter Registration Form, U.S. Election Assistance 
Commission (Dec. 29, 2023), https://www.eac.gov/voters/national-mail-
voter-registration-form; see also 52 U.S.C. Sec. 20508(b)(2).
---------------------------------------------------------------------------
    In 2004, Arizona voters adopted Proposition 200 that 
required voters to present proof of citizenship when they 
register to vote.\74\ To prove their U.S. citizenship, 
applicants could present a photocopy of their passport or birth 
certificate, a driver's license number, if the license states 
that the issuing authority verified the applicant's U.S. 
citizenship, evidence of naturalization, tribal identification, 
or other methods pursuant to the Immigration Reform and Control 
Act of 1986.\75\ But the EAC refused to include Arizona's 
documentary proof of citizenship requirement on the State 
specific instructions Arizona asked for on the federal 
form.\76\ In response, Arizona enacted a statute that required 
State officials to reject an applicant's federal form without 
documentary proof of citizenship.\77\
---------------------------------------------------------------------------
    \74\Inter Tribal Council, 133 S.Ct. 2252 (2013).
    \75\Id.
    \76\Id.
    \77\Id. at 2254.
---------------------------------------------------------------------------
    In ITCA, the Supreme Court (``Court'') held that the NVRA's 
command that States ``accept and use'' the federal form 
preempted Arizona's requirement that State officials reject an 
applicant's federal form without documentary proof of 
citizenship.\78\ By interpreting solely the plain statutory 
text of the NVRA without reaching the constitutional question, 
the Court declined to determine to whether the NVRA's ``accept 
and use'' requirement was constitutional if it prevented a 
State from enforcing its constitutionally sound voter 
qualifications. As a result, Arizona, and every other State 
with a documentary proof of citizenship requirement have been 
required to accept the registration of applicants that used the 
federal form and allow them to vote in federal elections, any 
state law to the contrary notwithstanding.
---------------------------------------------------------------------------
    \78\Id. at 2260.
---------------------------------------------------------------------------
    The Court rejected Arizona's textual argument that the NVRA 
did not prohibit States from asking applicants for additional 
information before registering them to vote. It reasoned that 
while the NVRA requires States to accept a completed federal 
form, States remain constitutionally competent to create their 
own voter registration forms for state elections, including 
those that may require information not contemplated by the 
federal form, and that the federal form's purpose was to serve 
as a backstop to ensure one method of registering to vote in 
federal elections was always available.\79\ As such, the Court 
determined that the plain meaning of the NVRA's text required 
States to register to vote for federal elections all eligible 
applicants who complete the federal form.
---------------------------------------------------------------------------
    \79\Id. at 2254-56.
---------------------------------------------------------------------------
    But the Court was concerned that the plain meaning of the 
NVRA might prevent Arizona from getting the information it 
needs to enforce its citizenship requirement. It recognized it 
would raise constitutional concerns if a federal statute 
prohibited States from getting the information they needed to 
enforce their qualifications.\80\ In response to this problem, 
the United States argued the NVRA could be read to require the 
EAC to place State specific instructions if the information is 
necessary for a State to assess the eligibility of an 
applicant.\81\ The Court avoided the constitutional question by 
invoking the constitutional avoidance canon\82\ and suggested 
that Arizona ask the EAC again to place its documentary proof 
of citizenship requirement on the federal form with the 
alternative that if the EAC refused, Arizona could sue the EAC 
for violating the Administrative Procedure Act (``APA'').\83\
---------------------------------------------------------------------------
    \80\Inter Tribal Council, 133 S.Ct. at 2258-59.
    \81\Id. at 2259. Because the EAC had already rejected Arizona's 
request to have the documentary proof of citizenship requirement on the 
federal form, this argument makes little sense.
    \82\Under this canon of statutory interpretation, ``if a statute 
has two possible meanings, one of which violates the Constitution, 
courts should adopt the meaning that does not do so.'' Nat'l Fed'n of 
Indep. Bus. v. Sebelius, 132 S. Ct. 2566, 2593 (2012) (opinion of 
Roberts, C.J.).
    \83\Inter Tribal Council, 133 S.Ct. at 2259-60. Both dissents 
pointed out that asking the EAC a second time made little sense, 
especially in light of the fact that the EAC had no commissioners to 
review and accept or deny a State's request at the time the opinion was 
issued. See Id. at 2270 (Thomas, J., dissenting) and Id. at 2273 
(Alito, J., dissenting).
---------------------------------------------------------------------------
    Following the Supreme Court's decision in ITCA several 
States requested the EAC include their documentary proof of 
citizenship requirement on the federal form. But the EAC 
rejected these requests, reasoning that providing documentary 
proof of citizenship would require applicants to ``submit more 
information that is necessary to enable election officials to 
assess eligibility.''\84\ The EAC reasoned that the sworn 
statement on the federal form is relied on by most 
jurisdictions in the United States to enforce their citizenship 
requirement, and there are hefty fines and penalties associated 
with applicants that lie about their citizenship.\85\
---------------------------------------------------------------------------
    \84\Memorandum of Decision Concerning State Requests To Include 
Additional Proof-Of-Citizenship Instructions On The National Mail Voter 
Registration Form at 28-30, U.S. Election Assistance Commission (Jan. 
17, 2014), available at https://www.brennancenter.org/sites/default/
files/legal-work/129-1%20Memorandum%20of%20Decision.pdf. (emphasis 
added).; see also Fish v. Kobach, 840 F. 3d 710 (10th Cir. 2016) (the 
Tenth Circuit made the same arguments in finding that the NVRA 
preempted Kansas's U.S. documentary proof of citizenship requirement).
    \85\Id.
---------------------------------------------------------------------------
    In response to the EAC's rejection of including a 
documentary proof of citizenship requirement on the federal 
form, Arizona and Kansas sued the EAC for violating the APA, as 
the Supreme Court had suggested in ITCA.\86\ The District Court 
held that the EAC acted unlawfully by not including the 
documentary proof of citizenship requirement because the States 
have the authority to determine how to enforce their voter 
qualifications, imposing a nondiscretionary duty on the EAC to 
update the form, and that the NVRA did not preempt State laws 
requiring proof of citizenship.\87\ But the United States Court 
of Appeals for the Tenth Circuit reversed, holding that the 
EAC's duty was discretionary, and that the States must prove 
that the federal form does not provide the information they 
need to enforce its voter qualifications, which Arizona and 
Kansas had not shown.\88\ When Arizona and Kansas appealed the 
ruling to the Supreme Court, it chose not to hear the case.\89\
---------------------------------------------------------------------------
    \86\Inter Tribal Council, 133 S.Ct. at 2259-60
    \87\Kobach v. U.S. Election Assistance Com'n, 6 F. Supp. 3d, 1252, 
1271-72 (D. Kansas 2014). The court ordered the EAC to include Arizona 
and Kansas' documentary proof of citizenship requirement on the federal 
form.
    \88\Kobach v. U.S. Election Assistance Comm'n, 772 F. 3d 1183,1195-
96 (10th Cir. 2014).
    \89\576 U.S. 1055 (2015).
---------------------------------------------------------------------------
    In January of 2016, the EAC's new executive director 
approved the requests of Georgia, Kansas, and Alabama to 
include their documentary proof of citizenship requirement on 
the federal form.\90\ But the United States Court of Appeals 
for the D.C. Circuit found that decision to be unlawful because 
the director accepted the States' request on the belief that it 
was within the States' competence to determine what should be 
on the form and no independent review was required.\91\ Like 
the Tenth Circuit, the D.C. Circuit determined that the NVRA 
required States to prove that the documentary proof of 
citizenship requirement is necessary to enforce its voter 
qualifications.\92\ The dissent argued that reading raised 
serious constitutional questions because the federal government 
cannot upend State authority to determine the eligibility of 
its voters, and the cleanest interpretation of the NVRA should 
impose a nondiscretionary duty on the EAC to grant the States' 
request.\93\
---------------------------------------------------------------------------
    \90\League of Women Voters of US v. Newby, 838 F. 3d 1, 6 (D.C. 
Cir. 2016).
    \91\Id. at 9-10.
    \92\Id. at 10-11.
    \93\Id. at 15-16 (Randolph, J., dissenting).
---------------------------------------------------------------------------
    In 2022, Arizona enacted a new U.S. documentary proof of 
citizenship law for applicants registering to vote in federal 
elections. Since the Court's decision in ITCA, Arizona has 
required those registering to vote in State or local elections 
to comply with this requirement, but not federal elections. In 
early March of 2024, a federal district court held that 
Arizona's requirement did not violate the NVRA or impose an 
undue burden on the right to vote.\94\
---------------------------------------------------------------------------
    \94\Mi Familia Vota v. Fontes, No. CV-22-00509-PHX-SRB (D. A.Z. 
Feb. 29, 2024).
---------------------------------------------------------------------------

          THE BIDEN ADMINISTRATION'S REFUSAL TO ENFORCE THE   
                          IMMIGRATION LAWS 

    Since President Biden assumed office on January 20, 2021, 
he has, on more than 60 occasions, taken actions that have 
``manipulated the federal bureaucracy to open our borders to 
illegal immigrants, human trafficking, fentanyl, and potential 
terrorists.''\95\ Among those actions were halting emergency 
construction of a wall on the southern border, instating lax 
deportation and immigration enforcement policies, terminating 
the Migrant Protection Protocols (commonly known as Remain in 
Mexico), reinstating catch-and-release, expanding asylum 
eligibility, among many other actions.\96\ As a result of these 
policies, as of February 2024, over 7 million illegal 
immigrants had come across the southern border, a number 
greater than the population of 36 States.\97\ This number does 
not include the roughly 1.8 million known ``gotaways'' who 
evaded law enforcement.\98\
---------------------------------------------------------------------------
    \95\64 Times the Biden Administration Intentionally Undermined 
Border Security, Speaker Mike Johnson (Jan. 9, 2024), https://
www.speaker.gov/64-times-the-biden-administration-inten tionally-
undermined-border-security/.
    \96\Id.
    \97\Chris Pandolfo, 7.2M illegals entered the US under Biden admin, 
an amount greater than population of 36 states, Fox News (Feb. 20, 
2024), https://www.foxnews.com/politics/illegal-immi grants-biden-
admin-amount-greater-population-36-states.
    \98\Id.
---------------------------------------------------------------------------
    Republicans across the U.S. have taken several actions to 
stop the Biden Administration's lawlessness at the border. 
First, Texas and several other States have sued the Biden 
Administration, arguing that several of the policies stated 
above violate the immigration laws. But in Biden v. Texas, the 
Supreme Court held the Biden Administration's recission of the 
Migrant Protection Protocols did not violate the Immigration 
and Nationality Act.\99\ A year later, the Supreme Court held 
that Texas and Louisiana did not have standing to challenge the 
Biden Administration's lax deportation and immigration 
enforcement policies.\100\
---------------------------------------------------------------------------
    \99\597 U.S. 785 (2022).
    \100\599 U.S. 670 (2023).
---------------------------------------------------------------------------
    In the November 2022 federal midterm elections, Republicans 
took back the House of Representatives (``House''), campaigning 
in part on securing the southern border.\101\ In May of 2023, 
the House of Representatives passed H.R. 2, the Secure the 
Border Act of 2023.\102\ Among other things, the bill would 
require completion of the wall on the southern border, 
authorizes funds to hire more border patrol agents, prohibits 
federal funds from being used to fund President Biden's parole 
rule, criminalizes visa overstays, stops non-governmental 
organizations from using tax dollars to transport illegal 
aliens, requires employers to use E-Verify, and makes changes 
to the asylum process. However, the bill has little to no 
chance of being taken up or passed through the Democrat 
controlled Senate. In addition, the Biden Administration issued 
a Statement of Administration Policy providing that President 
Biden would veto the legislation.\103\ Additionally, in 
February of 2024, the House of Representatives impeached DHS 
Secretary Alejandro Mayorkas for refusing to comply and enforce 
the immigration laws, and for breaching the public trust by 
making false statements and knowingly obstructing lawful 
oversight of DHS.\104\ Both H.R. 2 and the impeachment of 
Secretary Mayorkas passed the House with no Democrat 
support.\105\ Unfortunately, the Democrat controlled Senate 
voted on a party-line vote to dismiss both articles of 
impeachment, without a trial.\106\
---------------------------------------------------------------------------
    \101\Secure the Border and Combat Illegal Immigration, Leader Kevin 
McCarthy's Commitment to America, available at https://www.speaker.gov/
commitment/safe-communities/; see also Suzanne Monyak, GOP candidates 
focus on border security amid high migration, Roll Call (Nov. 2, 2022), 
https://rollcall.com/2022/11/02/gop-candidates-focus-on-border-
security-amid-high-migra tion/.
    \102\Secure the Border Act of 2023, H.R. 2, 118th Cong. Sec. 1 
(2023).
    \103\Statement of Administration Policy H.R. 2--Secure the Border 
Act of 2023, Executive Office of the President (May 8, 2023), https://
www.whitehouse.gov/wp-content/uploads/2023/05/SAP-H.R.-2.pdf.
    \104\Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland 
Security, for high crimes and misdemeanors, H. Res. 863, 118th Cong. 
Sec. 2 (2024).
    \105\See Roll Call 209, available at https://clerk.house.gov/Votes/
2023209; See Roll Call 43, available at https://clerk.house.gov/Votes/
202443.
    \106\Mary Clare Jalonick, Farnoush Amiri, Senate rejects 
impeachment articles against Mayorkas, ending trial against Cabinet 
secretary, Associated Press (April 17, 2024), https://ap news.com/
article/mayorkas-senate-impeachment-trial-democrats-
29aa775c0e866f4160f320583f26 1a72.
---------------------------------------------------------------------------
    As the number of crossings at the U.S. southern border has 
spiraled out of control, Speaker Mike Johnson has implored 
President Biden to take executive action to secure the southern 
border.\107\ Six months following Speaker Johnson's request in 
which media reports suggested President Biden went back\108\ 
and forth\109\ on the issue, he finally announced new actions 
to attempt to secure the border.\110\ Among other things, the 
order, with some exceptions, would suspend and limit entries 
into the U.S. if Customs and Border Patrol has made 2,500 or 
more encounters per day over a seven-day period.\111\ 
Remarkably, encounters were last below 2,500 in January of 2021 
when President Biden first took office and under the new order, 
the border would remain open with 17,000 encounters in a week, 
68,000 in a month, or over 800,000 in a year.\112\
---------------------------------------------------------------------------
    \107\Speaker Johnson Sends Letter to President Biden Urging 
Immediate Executive Action
on the Southern Border, Speaker Mike Johnson (Dec. 21, 2023), https://
www.speaker.gov/speak
er-johnson-sends-letter-to-president-biden-urging-immediate-executive-
action-on-the-southern-bo rder/.
    \108\Julia Ainsley, Monica Alba, The Biden administration is 
considering executive action to deter illegal migration at the southern 
border, NBC News (Feb. 7, 2024), https://www.nbc news.com/politics/
immigration/biden-administration-weighs-executive-action-border-
migrants-rcn a137804.
    \109\Louis Casiano, Biden says he won't take executive action to 
secure border, wants Congress to find a fix, Fox News (Mar. 11, 2024), 
https://www.foxnews.com/politics/biden-wont-take-execu tive-action-
secure-border-wants-congress-find-fix.
    \110\FACT SHEET: President Biden Announces New Actions to Secure 
the Border, The White House (June 4, 2024), https://www.whitehouse.gov/
briefing-room/statements-releases/2024/06/04/fact-sheet-president-
biden-announces-new-actions-to-secure-the-border/.
    \111\Seung Min Kim et al., Biden rolls out asylum restrictions, 
months in the making, to help `gain control' of the border, Associated 
Press (June 5, 2024), https://apnews.com/article/biden-asy
lum-migration-immigration-mexico-border-
dec5f83b468b5795479bf1f5e49799d5.
    \112\Id.
---------------------------------------------------------------------------
    As a result, there is an explosion of illegal immigrants in 
the U.S. that might be eligible for different federal and State 
benefits with the chance that they are improperly placed on a 
State's voter roll.

                          NEED FOR LEGISLATION

    Representative Roy's (TX-22) Safeguard American Voter 
Eligibility Act (``SAVE'' Act) would require individuals 
registering to vote in a federal election, under any voter 
registration method, to provide their State with documentary 
proof of U.S. citizenship before the State can accept and 
process their voter application. For applicants registering 
without documentary proof of U.S. citizenship, State officials 
can cross-check the applicant's information across federal and 
State databases and determine whether the applicant is a 
citizen within twenty-four hours. The SAVE Act also clarifies 
that States can remove noncitizens from their voter rolls, 
requires States to establish a program to remove noncitizens 
from their voter rolls, and gives States no-cost access to 
federal and State databases where citizenship information is 
housed to do so. It also expands the NVRA's existing private 
right of action to empower citizens to bring civil suits 
against State election officials that fail to uphold the act's 
proof of citizenship requirement and adds criminal penalties 
for election officials that register noncitizens to vote in 
Federal elections, including executive branch employees that 
materially assist noncitizens registering to vote. Federal law 
makes it unlawful for noncitizens to vote in federal elections 
but following the Supreme Court's decision in ITCA,\113\ States 
have been prevented from asking applicants registering to vote 
for documentary proof of U.S. citizenship. This has frustrated 
both the federal prohibition and State prohibitions on 
noncitizen voting.
---------------------------------------------------------------------------
    \113\133 S.Ct. 2247 (2013).
---------------------------------------------------------------------------
    While the NVRA had an admirable goal of getting U.S. 
citizens registered to vote, the real-world effects of it have 
prevented States from requiring documentary proof of U.S. 
citizenship of applicants registering to vote. The NVRA poses 
other problems such as not allowing States to remove 
noncitizens from their voter rolls,\114\ and not giving States 
access to federal or State databases that can help them ensure 
their voter rolls only consist of eligible voters. To make 
matters worse, the NVRA requires States to provide voter 
registration materials to anyone that applies for a driver's 
license. But with so many States allowing noncitizens to 
receive driver's licenses and other benefits, there is a 
possibility that noncitizens mistakenly end up on the voter 
rolls. And because the NVRA does not bifurcate between citizens 
and noncitizens receiving voter registration materials, some 
States do not take the time to check whether they have given a 
voter registration application to a noncitizen. As a result of 
all this, backward NVRA jurisprudence has prevented States from 
ensuring that only U.S. citizens are registered to vote.
---------------------------------------------------------------------------
    \114\But see Arcia v. Florida Secretary of State, 772 F. 3d 1335 
(11th Cir. 2014) (holding that States can remove noncitizens from their 
rolls even though the text of the NVRA does not allow it).
---------------------------------------------------------------------------
    Since President Biden assumed office, there has been an 
influx of illegal immigrants that have entered the U.S. by way 
of our open southern border. These illegal immigrants, along 
with many millions of existing noncitizens in the U.S. are 
eligible for different federal and State benefits. Because the 
NVRA ensures that anyone that signs up for a driver's license 
receives voter registration forms, it is plausible that 
noncitizens have inadvertently been given these forms and might 
be registered to vote in several States. Moreover, under 
President Biden's Executive Order on Promoting Access to 
Voting, federal agencies are required to provide voter 
registration materials to individuals they interact with. And 
to make matters worse, as some jurisdictions have allowed 
noncitizens to vote, those noncitizens are lawfully on the 
voter rolls of several States. As a result of all this, 
combined with States being unable to check for proof of U.S. 
citizenship when they register voters, it is truly unknown how 
many noncitizens are on the voter rolls and might have the 
opportunity to vote in federal elections.
    As described above, federal law, and many State laws 
prohibit noncitizens from voting. However, following the 
Supreme Court's decision in ITCA and the decisions of other 
federal courts, States have been prohibited from requiring 
applicants registering to vote to provide documentary proof of 
U.S. citizenship. This has frustrated the ability of both 
federal and State governments to enforce their noncitizen 
voting prohibitions. The SAVE Act fixes this problem and 
requires States to only accept and process a voter application 
if it contains documentary proof of U.S. citizenship. By 
requiring States to enforce the federal and State nonvoting 
prohibitions on the front end, it will quell any fears of 
noncitizen voting in elections as the election results are 
being tabulated and finalized. It will also give confidence to 
voters that only U.S. citizens are voting in their elections, 
which will increase confidence in the election results.
    For U.S. citizens that do not have documentary proof of 
U.S. citizenship, States are given cost- free access to federal 
and State databases to check the applicant's information to 
determine whether they are a U.S. citizen. This information 
will be made available to the State within 24 hours to ensure 
that the applicant has enough time to register to vote and vote 
or possibly cast a provisional ballot in States that allow 
voters to provisionally vote. In addition, the SAVE Act tasks 
the Election Assistance Commission (``EAC'') with providing 
States guidance as to other processes a State can establish in 
which an applicant can provide proof of U.S. citizenship. That 
process requires the applicant to sign an attestation, under 
penalty of perjury, that he or she is a U.S. citizen and 
eligible to vote in federal elections, and the State official 
that makes the determination that the applicant is a U.S. 
citizen and eligible to vote in federal elections must provide 
an affidavit, signed by the official swearing or affirming that 
the applicant has sufficiently established U.S. citizenship for 
the purpose of registering to vote. The EAC is also tasked with 
developing a uniform affidavit for use by State officials that 
make the determination that an applicant is a citizen of the 
U.S. in the event they do not have the documentary proof of 
U.S. citizenship required by the SAVE Act. While these steps 
seem stringent, it is important that the State official 
registering an applicant to vote is absolutely certain that the 
applicant is a U.S. citizen. This arduous process will ensure 
that only citizens are registered to vote in federal elections. 
Similarly, the EAC is tasked with providing States guidance for 
applicants that have had a name change and their current 
documentation no longer matches their passport or birth 
certificate.
    In the event a State or State official is suspected of 
registering applicants to vote that do not provide documentary 
proof of U.S. citizenship, the SAVE Act expands on the NVRA's 
existing private right of action to allow citizens to hold 
these officials accountable. The private right of action is an 
important tool that allows citizens to enforce both the federal 
and State prohibitions on noncitizen voting. Additionally, it 
will ensure that State officials think twice before registering 
applicants without documentary proof of U.S. citizenship out of 
fear of litigation. Out of concerns that President Biden's 
Executive Order on Promoting Access to Voting is being 
misinterpreted by executive branch officials, the legislation 
additionally prohibits executive branch employees from 
materially assisting noncitizens registering to vote. To ensure 
strict compliance with the legislation, the SAVE Act adds 
criminal penalties for election officials that knowingly 
register an applicant to vote in federal elections without 
documentary proof of U.S. citizenship. These penalties can 
range from a fine to up to 5 years in prison, or both.
    The SAVE Act also clarifies that States can remove 
noncitizens from their voter rolls. In so doing, it requires 
States to establish a program to remove noncitizens from their 
voter rolls within 30 days of the legislation's enactment. With 
the combination of States allowing noncitizens to receive 
driver's licenses and other benefits, which increases their 
chances of ending up on the voter rolls, and States being 
prohibited from asking applicants for documentary proof of U.S. 
citizenship, there is a strong possibility that noncitizens are 
on the voter rolls of almost every State. As such, States are 
required to establish a plan to remove noncitizens from their 
voter rolls. The legislation gives States no-cost access to 
federal databases housed in DHS, SSA, and other federal and 
State databases with citizenship information to get the 
information necessary to determine if noncitizens are on their 
voter rolls. Today, States are sometimes given access to DHS's 
SAVE database to help clean their voter rolls, but access to it 
is costly, and the Biden Administration has not been as willing 
as the Trump Administration to allow States to utilize it. This 
legislation rectifies that problem and gives States no-cost 
access to federal databases so they can clean their voter 
rolls.
    In the United States, almost every State has established a 
process for voters to vote provisionally in the event they have 
not complied with their State's voting requirements.\115\ The 
SAVE Act respects each State's provisional voting laws so long 
as the voter is a citizen of the United States. The SAVE Act 
also requires the Department of Homeland Security to notify 
each State's Chief Election Officer (usually the Secretary of 
State) when a noncitizen that lives in the State becomes a 
citizen of the United States. This additional information will 
help States verify the citizenship status of voters that might 
be on the rolls or might be attempting to register to vote 
based on their new status. Moreover, as the NVRA exempted two 
categories of States from its requirements, this legislation 
maintains the exemption for States that do not have a process 
for voter registration and for the other category of States so 
long as the State adopts the SAVE Act's core provisions within 
60 days before the next federal election.
---------------------------------------------------------------------------
    \115\State by State Provisional Ballot Laws, Ballotpedia, available 
at https://ballotpedia.org/State_by_State_Provisional_Ballot_Laws.
---------------------------------------------------------------------------
    The SAVE Act is also designed to be implemented immediately 
upon enactment. While the EAC is required to provide States 
guidance on several different parts of the legislation, the EAC 
is required to provide this guidance within 10 days of 
enactment. Similarly, the legislation removes any paperwork 
reduction act requirements that executive branch agencies might 
hide behind to prevent the legislation from being implemented 
and enforced.
    With a presidential election just six months away, the SAVE 
Act requires States to take affirmative steps to ensure 
noncitizens are not registering to vote in federal elections 
and are not on the voter rolls. The SAVE Act will inspire 
Americans' confidence in our elections by requiring States to 
take concrete steps to ensure that only citizens of the United 
States are voting in American elections.

                            Committee Action


                       INTRODUCTION AND REFERRAL

    On May 7, 2024, Representative Chip Roy (TX-21) with forty-
six original co-sponsors introduced H.R. 8281, the Safeguard 
American Voter Eligibility Act. The bill was referred to the 
U.S. House of Representatives Committee on House 
Administration.

                                HEARINGS

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
in the 118th Congress, the Committee held one full committee 
hearing to develop H.R. 8281.
          1. On May 16, 2024, the Committee held a full 
        committee hearing titled, ``American Confidence in 
        Elections: Preventing Noncitizen Voting and Other 
        Foreign Interference.'' The hearing highlighted the 
        dangers associated with noncitizen voting, how States 
        do not have the tools nor resources to clean their 
        voter rolls, and what steps Congress can take to 
        rectify these problems. It also touched on the 
        loopholes in the federal campaign finance system that 
        allow foreign nationals to spend money in U.S. 
        elections and how Congress can close those loopholes. 
        Witnesses included the Honorable Cord Byrd, Florida 
        Secretary of State, the Honorable Hans A. von 
        Spakovsky, Manager, Election Law Reform Initiative and 
        Senior Legal Fellow, the Heritage Foundation, the 
        Honorable J. Christian Adams, President and Chief 
        Executive Officer of the Public Interest Legal 
        Foundation, Caitlin Sutherland, Executive Director of 
        Americans for Public Trust, and Michael Waldman, 
        President and Chief Executive Officer of the Brennan 
        Center for Justice.\116\
---------------------------------------------------------------------------
    \116\American Confidence in Elections: Preventing Noncitizen Voting 
and Other Foreign Interference: Hearing Before the H. Comm. On Admin., 
118th Cong. (2024).
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                        Committee Consideration

    On May 23, 2024, the U.S. House Committee on House 
Administration met in open session and ordered the bill, H.R. 
8281, Safeguard American Voter Eligibility Act ANS as amended, 
reported favorably to the House of Representatives, by a record 
vote of six to one, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following votes occurred during the Committee's consideration 
of H.R. 8281:
          1. Vote on an amendment to H.R. 8281, offered by Mr. 
        Morelle, failed by a record vote of 6 noes and 1 aye. 
        Noes: Steil, B., Griffith, M., Bice, S., Carey, M., 
        D'Esposito, A., Lee, L. Aye: Morelle, J.
          2. Vote to adopt an amendment to H.R. 8281, offered 
        by Mrs. Lee, passed by a record vote of 6 ayes and 1 
        no. Ayes: Steil, B., Griffith, M., Bice, S., Carey, M., 
        D'Esposito, A., Lee, L. No: Morelle, J.
          3. Vote to adopt H.R. 8281 ANS, as amended, passed by 
        a record vote of 6 ayes and 1 no. Ayes: Steil, B., 
        Griffith, M., Bice, S., Carey, M., D'Esposito, A., Lee, 
        L. No: Morelle, J.
          4. Vote to report H.R. 8281 ANS, as amended, to the 
        House of Representatives, passed by a record vote of 6 
        ayes and 1 no. Ayes: Steil, B., Griffith, M., Bice, S., 
        Carey, M., D'Esposito, A., Lee, L. No: Morelle, J.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

            Statement of Budget Authority and Related Items

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(I) of the 
Congressional Budget Act of 1974, the Committee provides the 
following opinion and estimate with respect to new budget 
authority, entitlement authority, and tax expenditures. The 
Committee believes that there will be additional costs 
attributable to H.R. 8281. The legislation gives States cost 
free access to federal databases housed in the Department of 
Homeland Security, the Social Security Administration, and 
other federal and State databases where citizenship information 
might be stored. For States to clean their voter rolls on an 
ongoing basis and, in some cases, determine whether an 
applicant registering to vote is a U.S. citizen, they will need 
to frequently access these databases.

                  Congressional Budget Office Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such an 
estimate to be printed in the Congressional Record if it is 
received by the Committee.

                    Performance Goals and Objectives

    The performance goals and objectives of H.R. 8281 are to 
require individuals registering to vote in a federal election, 
under any voter registration method, to provide their State 
with documentary proof of U.S. citizenship before the State can 
accept and process their voter application; but for applicants 
registering without documentary proof of U.S. citizenship, 
State officials can cross- check the applicant's information 
across federal and State databases and determine whether the 
applicant is a citizen within twenty-four hours. The 
legislation also clarifies that States can remove noncitizens 
from their voter rolls, requires States to establish a program 
to remove noncitizens from their voter rolls, and gives States 
no-cost access to several federal and State databases to do so. 
It also expands the NVRA's existing private right of action to 
empower citizens to bring civil suits against State election 
officials that fail to uphold the act's proof of citizenship 
requirement and adds criminal penalties for election officials, 
including executive branch officials, that register noncitizens 
to vote in Federal elections. Finally, the legislation tasks 
the Election Assistance Commission with providing guidance to 
States to help implement some of the legislation's 
requirements.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 8281 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 8281 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such an estimate to be printed in 
the Congressional Record if it is received by the Committee. 
The legislation contains several unfunded mandates. First, it 
imposes a federal documentary proof of U.S. citizenship 
requirement on individuals registering to vote in a federal 
election that States, registering individuals to vote, will 
need to comply with. Second, the legislation requires States to 
establish a program where they identify noncitizens by using 
federal and State databases in order to remove them from their 
voter rolls. While the legislation does give States no-cost 
access to these databases, there are no funds provided to help 
States carry out this process or inform registered voters they 
have been removed from the rolls. Finally, the legislation 
tasks the Election Assistance Commission with developing 
guidance that States must implement for individuals with a 
disability and general guidance that States might choose to 
implement to comply with Section 2 of this legislation 
generally.

                      Advisory Committee Statement

    H.R. 8281 does not establish or authorize any new advisory 
committees.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                      Section-by-Section Analysis


Section 1. Short title

    The section provides the short title of the bill, the 
``Safeguard American Voter Eligibility (``SAVE Act'').

Section 2. Ensuring only citizens are registered to vote in elections 
        for federal office

    Section 2(b)(1)-(5) defines Documentary Proof of 
Citizenship (``DPOC'') and gives the methods that will qualify 
including: (1) REAL ID if it indicates the applicant is a 
citizen, (2) U.S. passport, (3) applicant's official U.S. 
military ID card with U.S. military record of service showing 
the applicant was born in the US., (4) valid government-issued 
photo ID showing the applicant was born in the U.S., or (5) 
valid government-issued photo ID (that does not provide proof 
of citizenship) in conjunction with Section 2 (b)(5)(A):
           (A) certified birth certificate;
           (B) extract from a U.S. hospital Record of 
        Birth created when the applicant was born that indicate 
        the applicant was born in the U.S.;
           (C) final adoption decree showing the 
        applicant's name and that the applicant's place of 
        birth was in the U.S.;
           (D) A Consular Report of Birth Abroad of a 
        citizen of the U.S. or a certification of the 
        applicant's Report of Birth of a U.S. citizen issued by 
        the Secretary of State;
           (E) Naturalization Certificate issued by the 
        Department of Homeland Security; or
           (F) An American Indican Card issued by the 
        Department of Homeland Security
           If an applicant does not provide the above 
        documentation, they cannot register to vote. This 
        includes by mail (on the federal form) or in person at 
        the DMV or at a voter registration center.
    Section 2(b) also mandates all States to require DPOC under 
any method the State accepts for registering to vote for 
federal elections.
    Section 2(c) requires that individuals registering to vote 
in federal elections while receiving a State's Motor Vehicle 
license must show DPOC that conforms with section 2 (b)(1 5).
    Section 2(d)(2) requires the chief election official of 
each State to take necessary steps to make sure the public is 
aware of the new DPOC requirements.
    Section 2(e)(a)(A) requires applicants who use the federal 
mail voter registration form to register to vote to show DPOC 
to the appropriate State election official in person in order 
for the State to register the individual to vote.
    Section 2(e)(3) requires each state to work with the 
Election Assistance Commission to ensure individuals with a 
disability who submit a mail-in voter registration application 
are accommodated to present DPOC to the appropriate election 
official.
    Section 2(f)(3) requires a State or local official to sign 
an affidavit affirming or swearing that the individual without 
DPOC has provided evidence to establish themselves as a U.S. 
citizen for the purpose of registering to vote in federal 
elections.
           The EAC is tasked with developing this 
        affidavit that includes:
                   An explanation of the minimum 
                standards required for a State officials to 
                register an applicant who cannot provide DPOC;
                   A requirement that the State 
                official must explain the basis for registering 
                such applicant to vote in such elections.
    Section 2(f)(3) requires each state to establish a process 
under which an applicant who has discrepancies with their DPOC 
can provide clarifying additional documents to explain such 
discrepancies.
    Section 2(f)(3) & Section 2(f)(4)(A)(B)(C)(D) requires 
States to take steps to ensure only U.S. citizens are 
registered to vote and to establish a program within 30 days 
after the bill's enactment to accomplish this goal.
                   States can rely on the 
                Department of Homeland Security's SAVE 
                database, the Social Security Administration, 
                State agencies that supply State ID's or 
                driver's licenses, or other sources, including 
                databases that provide U.S. citizenship.
                   In conjunction with the above, 
                federal agencies are required to respond to 
                State requests within 24 hours of the request.
                   Agencies cannot charge States a 
                fee for the information or for database access.
    Section 2(f)(3) also requires the Secretary of Homeland 
Security to conduct an investigation to determine whether to 
initiate the removal process of non-citizens, who were 
unlawfully registered to vote, under the Immigration and 
Nationality Act.
    Section 2(f)(3) also requires States to remove voters from 
their rolls if they are given information providing that a 
registered voter is not a citizen of the United States.
    Section 2(g) clarifies that the National Voter Registration 
Act (``NVRA'') allows States to remove noncitizens from their 
voter rolls.
    Section 2(h) amends the national mail voter registration 
form to include a section requiring a State or local election 
official to record the type of document the applicant presented 
as documentary proof of U.S. 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.
    Section 2(i) expands the NVRA's existing private right of 
action, to include claims against election officials that 
register applicants to vote without documentary proof of U.S. 
citizenship.
    Section 2(j) also adds a criminal penalty to the NVRA 
against those who register applicants who do not provide 
documentary proof of citizenship. It also makes it a crime for 
an officer or employee of the executive branch to provide 
material assistance to a noncitizen attempting to register to 
vote in a federal election.
                   Penalties include fines and or 
                imprisonment not to exceed 5 years.
    Section 2(k) provides that this legislation and the NVRA 
will continue to not apply to States that do not have voter 
registration. However, this legislation, in addition to the 
NVRA's public records requirements, will apply in States that 
are NVRA exempt unless the State adopts this legislation's core 
provisions not later than 60 days before an election for 
federal office.

Section 3. Election Assistance Commission guidance

    Requires the Election Assistance Commission to adopt and 
transmit guidance to each State's Chief Election Official to 
implement the bill's requirements in section 2. This must be 
done within 10 days after the bill's enactment.

Section 4. Inapplicability of Paperwork Reduction Act

    The Paperwork Reduction Act will not apply to the 
development or modifications of voter registration material 
provided in this bill.

Section 5. Duty of Secretary of Homeland Security to notify election 
        officials of naturalization

    Requires Secretary of Homeland Security to provide notice 
to the State's Chief Election Officer (usually the Secretary of 
State) when a noncitizen that lives in the State becomes a 
citizen of the United States.

Section 6. Rule of construction regarding provisional ballots

    Rule of construction keeping the provisional ballot laws of 
every State in place with the caveat that the applicant must 
provide (or the State when it gets the information) proof of 
citizenship for their vote to be counted.

Section 7. Rule of construction regarding effect on state exemptions 
    from other federal laws

    Rule of construction providing that this legislation should 
not be construed to unexempt States from other exemptions it 
has under federal law.

Section 8. Effective date

    The legislation becomes effective on the date of enactment.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                NATIONAL VOTER REGISTRATION ACT OF 1993




           *       *       *       *       *       *       *
SEC. 3. DEFINITIONS.

    [As used] (a) In General._As used  in this Act--
          (1) the term ``election'' has the meaning stated in 
        section 301(1) of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431(1));
          (2) the term ``Federal office'' has the meaning 
        stated in section 301(3) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431(3));
          (3) the term ``motor vehicle driver's license'' 
        includes any personal identification document issued by 
        a State motor vehicle authority;
          (4) the term ``State'' means a State of the United 
        States and the District of Columbia; and
          (5) the term ``voter registration agency'' means an 
        office designated under section 7(a)(1) to perform 
        voter registration activities.
  (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'.

SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR ELECTIONS FOR 
          FEDERAL OFFICE.

  (a) In General.--Except as provided in [subsection (b)] 
subsection (c), notwithstanding any other Federal or State law, 
in addition to any other method of voter registration provided 
for under State law, each State shall establish procedures to 
register to vote in elections for Federal office--
          (1) by application made simultaneously with an 
        application for a motor vehicle driver's license 
        pursuant to section 5;
          (2) by mail application pursuant to section 6; and
          (3) by application in person--
                  (A) at the appropriate registration site 
                designated with respect to the residence of the 
                applicant in accordance with State law; and
                  (B) at a Federal, State, or nongovernmental 
                office designated under section 7.
  (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.
  [(b)] (c) Nonapplicability to Certain States.--[This Act does 
not apply to a State] 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 described in either or both of the following paragraphs:
          (1) A State in which, under law that is in effect 
        continuously on and after August 1, 1994, there is no 
        voter registration requirement for any voter in the 
        State with respect to an election for Federal office.
          (2) A State in which, under law that is in effect 
        continuously on and after August 1, 1994, or that was 
        enacted on or prior to August 1, 1994, and by its terms 
        is to come into effect upon the enactment of this Act, 
        so long as that law remains in effect, all voters in 
        the State may register to vote at the polling place at 
        the time of voting in a general election for Federal 
        office.
  (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. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION AND 
          APPLICATION FOR MOTOR VEHICLE DRIVER'S LICENSE. 

  (a) In General.--(1) [Each State motor vehicle driver's 
license application] Subject to the requirements under section 
8(j), each State motor vehicle driver's license application 
(including any renewal application) submitted to the 
appropriate State motor vehicle authority under State law shall 
serve as an application for voter registration with respect to 
elections for Federal office unless the applicant fails to sign 
the voter registration application.
  (2) An application for voter registration submitted under 
paragraph (1) shall be considered as updating any previous 
voter registration by the applicant.
  (b) Limitation on Use of Information.--No information 
relating to the failure of an applicant for a State motor 
vehicle driver's license to sign a voter registration 
application may be used for any purpose other than voter 
registration.
  (c) Forms and Procedures.--(1) [Each State shall include] 
Subject to the requirements under section 8(j), each State 
shall include a voter registration application form for 
elections for Federal office as part of an application for a 
State motor vehicle driver's license.
  (2) The voter registration application portion of an 
application for a State motor vehicle driver's license--
          (A) may not require any information that duplicates 
        information required in the driver's license portion of 
        the form (other than a second signature or other 
        information necessary under subparagraph (C));
          (B) may require only the minimum amount of 
        information necessary to--
                  (i) prevent duplicate voter registrations; 
                [and]
                  (ii) enable State election officials to 
                assess the eligibility of the applicant and to 
                administer voter registration and other parts 
                of the election process; and
                  (iii) verify that the applicant is a citizen 
                of the United States;
          (C) shall include a statement that--
                  (i) states each eligibility requirement 
                [(including citizenship)], including the 
                requirement that the applicant provides 
                documentary proof of United States citizenship;
                  (ii) contains an attestation that the 
                applicant meets each such requirement; and
                  (iii) requires the signature of the 
                applicant, under penalty of perjury;
          (D) shall include, in print that is identical to that 
        used in the attestation portion of the application--
                  (i) the information required in section 
                8(a)(5) (A) and (B);
                  (ii) a statement that, if an applicant 
                declines to register to vote, the fact that the 
                applicant has declined to register will remain 
                confidential and will be used only for voter 
                registration purposes; and
                  (iii) a statement that if an applicant does 
                register to vote, the office at which the 
                applicant submits a voter registration 
                application will remain confidential and will 
                be used only for voter registration purposes[; 
                and], 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
          (E) shall be made available (as submitted by the 
        applicant, or in machine readable or other format) to 
        the appropriate State election official as provided by 
        State law.
  (d) Change of Address.--Any change of address form submitted 
in accordance with State law for purposes of a State motor 
vehicle driver's license shall serve as notification of change 
of address for voter registration with respect to elections for 
Federal office for the registrant involved unless the 
registrant states on the form that the change of address is not 
for voter registration purposes.
  (e) Transmittal Deadline.--(1) Subject to paragraph (2), a 
completed voter registration portion of an application for a 
State motor vehicle driver's license accepted at a State motor 
vehicle authority shall be transmitted to the appropriate State 
election official not later than 10 days after the date of 
acceptance.
  (2) If a registration application is accepted within 5 days 
before the last day for registration to vote in an election, 
the application shall be transmitted to the appropriate State 
election official not later than 5 days after the date of 
acceptance.

SEC. 6. MAIL REGISTRATION.

  (a) Form.--(1) [Each State shall accept and use] Subject to 
the requirements under section 8(j), each State shall accept 
and use the mail voter registration application form prescribed 
by the [Federal Election Commission] Election Assistance 
Commission pursuant to section 9(a)(2) for the registration of 
voters in elections for Federal office.
  (2) In addition to accepting and using the form described in 
paragraph (1), a State may develop and use a mail voter 
registration form that meets all of the criteria stated in 
section 9(b) for the registration of voters in elections for 
Federal office.
  (3) A form described in paragraph (1) or (2) shall be 
accepted and used for notification of a registrant's change of 
address.
  (b) Availability of Forms.--The chief State election official 
of a State shall make the forms described in subsection (a) 
available for distribution through governmental and private 
entities, with particular emphasis on making them available for 
organized voter registration programs. 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.
  (c) First-Time Voters.--(1) Subject to paragraph (2), a State 
may by law require a person to vote in person if--
          (A) the person was registered to vote in a 
        jurisdiction by mail; [and]
          (B) the person has not previously voted in that 
        jurisdiction[.]; and
          (C) the person did not provide documentary proof of 
        United States citizenship when registering to vote.
  (2) Paragraph (1) does not apply in the case of a person--
          (A) who is entitled to vote by absentee ballot under 
        the Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff-1 et seq.);
          (B) who is provided the right to vote otherwise than 
        in person under section 3(b)(2)(B)(ii) of the Voting 
        Accessibility for the Elderly and Handicapped Act (42 
        U.S.C. 1973ee-1(b)(2)(B)(ii)); or
          (C) who is entitled to vote otherwise than in person 
        under any other Federal law.
  (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.
  (d) Undelivered Notices.--If a notice of the disposition of a 
mail voter registration application under section 8(a)(2) is 
sent by nonforwardable mail and is returned undelivered, the 
registrar may proceed in accordance with section 8(d).

SEC. 7. VOTER REGISTRATION AGENCIES.

  (a) Designation.--(1) Each State shall designate agencies for 
the registration of voters in elections for Federal office.
  (2) Each State shall designate as voter registration 
agencies--
          (A) all offices in the State that provide public 
        assistance; and
          (B) all offices in the State that provide State-
        funded programs primarily engaged in providing services 
        to persons with disabilities.
  (3)(A) In addition to voter registration agencies designated 
under paragraph (2), each State shall designate other offices 
within the State as voter registration agencies.
  (B) Voter registration agencies designated under subparagraph 
(A) may include--
          (i) State or local government offices such as public 
        libraries, public schools, offices of city and county 
        clerks (including marriage license bureaus), fishing 
        and hunting license bureaus, government revenue 
        offices, unemployment compensation offices, and offices 
        not described in paragraph (2)(B) that provide services 
        to persons with disabilities; and
          (ii) Federal and nongovernmental offices, with the 
        agreement of such offices.
  (4)(A) At each voter registration agency, the following 
services shall be made available:
          (i) Distribution of mail voter registration 
        application forms in accordance with paragraph (6).
          (ii) Assistance to applicants in completing voter 
        registration application forms, unless the applicant 
        refuses such assistance.
          (iii) Acceptance of completed voter registration 
        application forms for transmittal to the appropriate 
        State election official.
          (iv) Receipt of documentary proof of United States 
        citizenship of each applicant to register to vote in 
        elections for Federal office in the State.
  (B) If a voter registration agency designated under paragraph 
(2)(B) provides services to a person with a disability at the 
person's home, the agency shall provide the services described 
in subparagraph (A) at the person's home.
  (5) A person who provides service described in paragraph (4) 
shall not--
          (A) seek to influence an applicant's political 
        preference or party registration;
          (B) display any such political preference or party 
        allegiance;
          (C) make any statement to an applicant or take any 
        action the purpose or effect of which is to discourage 
        the applicant from registering to vote; or
          (D) make any statement to an applicant or take any 
        action the purpose or effect of which is to lead the 
        applicant to believe that a decision to register or not 
        to register has any bearing on the availability of 
        services or benefits.
  (6) A voter registration agency that is an office that 
provides service or assistance in addition to conducting voter 
registration shall--
          (A) distribute with each application for such service 
        or assistance, and with each recertification, renewal, 
        or change of address form relating to such service or 
        assistance--
                  (i) the mail voter registration application 
                form described in section 9(a)(2), including a 
                statement that--
                          (I) specifies each eligibility 
                        requirement [(including citizenship)], 
                        including the requirement that the 
                        applicant provides documentary proof of 
                        United States citizenship;
                          (II) contains an attestation that the 
                        applicant meets each such requirement; 
                        and
                          (III) requires the signature of the 
                        applicant, under penalty of perjury; or
                  (ii) the office's own form if it is 
                equivalent to the form described in section 
                9(a)(2),
        unless the applicant, in writing, declines to register 
        to vote;
          (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);
          [(B)] (C) provide a form that includes--
                  (i) the question, ``If you are not registered 
                to vote where you live now, would you like to 
                apply to register to vote here today?'';
                  (ii) if the agency provides public 
                assistance, the statement, ``Applying to 
                register or declining to register to vote will 
                not affect the amount of assistance that you 
                will be provided by this agency.'';
                  (iii) boxes for the applicant to check to 
                indicate whether the applicant would like to 
                register or declines to register to vote 
                (failure to check either box being deemed to 
                constitute a declination to register for 
                purposes of subparagraph (C)), together with 
                the statement (in close proximity to the boxes 
                and in prominent type), ``IF YOU DO NOT CHECK 
                EITHER BOX, YOU WILL BE CONSIDERED TO HAVE 
                DECIDED NOT TO REGISTER TO VOTE AT THIS 
                TIME.'';
                  (iv) the statement, ``If you would like help 
                in filling out the voter registration 
                application form, we will help you. The 
                decision whether to seek or accept help is 
                yours. You may fill out the application form in 
                private.''; and
                  (v) the statement, ``If you believe that 
                someone has interfered with your right to 
                register or to decline to register to vote, 
                your right to privacy in deciding whether to 
                register or in applying to register to vote, or 
                your right to choose your own political party 
                or other political preference, you may file a 
                complaint with ______.'', the blank being 
                filled by the name, address, and telephone 
                number of the appropriate official to whom such 
                a complaint should be addressed; and
          (C) provide to each applicant who does not decline to 
        register to vote the same degree of assistance with 
        regard to the completion of the registration 
        application form as is provided by the office with 
        regard to the completion of its own forms, unless the 
        applicant refuses such assistance.
  (7) No information relating to a declination to register to 
vote in connection with an application made at an office 
described in paragraph (6) may be used for any purpose other 
than voter registration.
  (b) Federal Government and Private Sector Cooperation.--All 
departments, agencies, and other entities of the executive 
branch of the Federal Government shall, to the greatest extent 
practicable, cooperate with the States in carrying out 
subsection (a), and all nongovernmental entities are encouraged 
to do so.
  (c) Armed Forces Recruitment Offices.--(1) Each State and the 
Secretary of Defense shall jointly develop and implement 
procedures for persons who are citizens of the United States to 
apply to register to vote at recruitment offices of the Armed 
Forces of the United States.
  (2) A recruitment office of the Armed Forces of the United 
States shall be considered to be a voter registration agency 
designated under subsection (a)(2) for all purposes of this 
Act.
  (d) Transmittal Deadline.--(1) Subject to paragraph (2), a 
completed registration application accepted at a voter 
registration agency shall be transmitted to the appropriate 
State election official not later than 10 days after the date 
of acceptance.
  (2) If a registration application is accepted within 5 days 
before the last day for registration to vote in an election, 
the application shall be transmitted to the appropriate State 
election official not later than 5 days after the date of 
acceptance.

SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER 
          REGISTRATION.

  (a) In General.--[In the administration of voter 
registration] Subject to the requirements of subsection (j), in 
the administration of voter registration for elections for 
Federal office, each State shall--
          (1) ensure that any eligible applicant is registered 
        to vote in an election--
                  (A) in the case of registration with a motor 
                vehicle application under section 5, if the 
                valid voter registration form of the applicant 
                is submitted to the appropriate State motor 
                vehicle authority not later than the lesser of 
                30 days, or the period provided by State law, 
                before the date of the election;
                  (B) in the case of registration by mail under 
                section 6, if the valid voter registration form 
                of the applicant is postmarked not later than 
                the lesser of 30 days, or the period provided 
                by State law, before the date of the election;
                  (C) in the case of registration at a voter 
                registration agency, if the valid voter 
                registration form of the applicant is accepted 
                at the voter registration agency not later than 
                the lesser of 30 days, or the period provided 
                by State law, before the date of the election; 
                and
                  (D) in any other case, if the valid voter 
                registration form of the applicant is received 
                by the appropriate State election official not 
                later than the lesser of 30 days, or the period 
                provided by State law, before the date of the 
                election;
          (2) require the appropriate State election official 
        to send notice to each applicant of the disposition of 
        the application;
          (3) provide that the name of a registrant may not be 
        removed from the official list of eligible voters 
        except--
                  (A) at the request of the registrant;
                  (B) as provided by State law, by reason of 
                criminal conviction or mental incapacity; [or]
                  (C)as provided under paragraph (4);
                  (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;
          (4) conduct a general program that makes a reasonable 
        effort to remove the names of ineligible voters from 
        the official lists of eligible voters by reason of--
                  (A) the death of the registrant; [or]
                  (B) a change in the residence of the 
                registrant, in accordance with subsections (b), 
                (c), and (d); or
                  (C) documentary proof or verified information 
                that the registrant is not a United States 
                citizen;
          (5) inform applicants under sections 5, 6, and 7 of--
                  (A) voter eligibility requirements; and
                  (B) penalties provided by law for submission 
                of a false voter registration application; and
          (6) ensure that the identity of the voter 
        registration agency through which any particular voter 
        is registered is not disclosed to the public.
  (b) Confirmation of Voter Registration.--Any State program or 
activity to protect the integrity of the electoral process by 
ensuring the maintenance of an accurate and current voter 
registration roll for elections for Federal office--
          (1) shall be uniform, nondiscriminatory, and in 
        compliance with the Voting Rights Act of 1965 (42 
        U.S.C. 1973 et seq.); and
          (2) shall not result in the removal of the name of 
        any person from the official list of voters registered 
        to vote in an election for Federal office by reason of 
        the person's failure to vote, except that nothing in 
        this paragraph may be construed to prohibit a State 
        from using the procedures described in subsections (c) 
        and (d) to remove an individual from the official list 
        of eligible voters if the individual--
                  (A) has not either notified the applicable 
                registrar (in person or in writing) or 
                responded during the period described in 
                subparagraph (B) to the notice sent by the 
                applicable registrar; and then
                  (B) has not voted or appeared to vote in 2 or 
                more consecutive general elections for Federal 
                office.
  (c) Voter Removal Programs.--(1) A State may meet the 
requirement of subsection (a)(4) by establishing a program 
under which--
          (A) change-of-address information supplied by the 
        Postal Service through its licensees is used to 
        identify registrants whose addresses may have changed; 
        and
          (B) if it appears from information provided by the 
        Postal Service that--
                  (i) a registrant has moved to a different 
                residence address in the same registrar's 
                jurisdiction in which the registrant is 
                currently registered, the registrar changes the 
                registration records to show the new address 
                and sends the registrant a notice of the change 
                by forwardable mail and a postage prepaid pre-
                addressed return form by which the registrant 
                may verify or correct the address information; 
                or
                  (ii) the registrant has moved to a different 
                residence address not in the same registrar's 
                jurisdiction, the registrar uses the notice 
                procedure described in subsection (d)(2) to 
                confirm the change of address.
  (2)(A) A State shall complete, not later than 90 days prior 
to the date of a primary or general election for Federal 
office, any program the purpose of which is to systematically 
remove the names of ineligible voters from the official lists 
of eligible voters.
  (B) Subparagraph (A) shall not be construed to preclude--
          (i) the removal of names from official lists of 
        voters on a basis described in paragraph (3) (A) or (B) 
        or [(4)(A)] (4)(A) or (C) of subsection (a); or
          (ii) correction of registration records pursuant to 
        this Act.
  (d) Removal of Names From Voting Rolls.--(1) A State shall 
not remove the name of a registrant from the official list of 
eligible voters in elections for Federal office on the ground 
that the registrant has changed residence unless the 
registrant--
          (A) confirms in writing that the registrant has 
        changed residence to a place outside the registrar's 
        jurisdiction in which the registrant is registered; or
          (B)(i) has failed to respond to a notice described in 
        paragraph (2); and
          (ii) has not voted or appeared to vote (and, if 
        necessary, correct the registrar's record of the 
        registrant's address) in an election during the period 
        beginning on the date of the notice and ending on the 
        day after the date of the second general election for 
        Federal office that occurs after the date of the 
        notice.
  (2) A notice is described in this paragraph if it is a 
postage prepaid and pre-addressed return card, sent by 
forwardable mail, on which the registrant may state his or her 
current address, together with a notice to the following 
effect:
          (A) If the registrant did not change his or her 
        residence, or changed residence but remained in the 
        registrar's jurisdiction, the registrant should return 
        the card not later than the time provided for mail 
        registration under subsection (a)(1)(B). If the card is 
        not returned, affirmation or confirmation of the 
        registrant's address may be required before the 
        registrant is permitted to vote in a Federal election 
        during the period beginning on the date of the notice 
        and ending on the day after the date of the second 
        general election for Federal office that occurs after 
        the date of the notice, and if the registrant does not 
        vote in an election during that period the registrant's 
        name will be removed from the list of eligible voters.
          (B) If the registrant has changed residence to a 
        place outside the registrar's jurisdiction in which the 
        registrant is registered, information concerning how 
        the registrant can continue to be eligible to vote.
  (3) A voting registrar shall correct an official list of 
eligible voters in elections for Federal office in accordance 
with change of residence information obtained in conformance 
with this subsection.
  (e) Procedure for Voting Following Failure To Return Card.--
(1) A registrant who has moved from an address in the area 
covered by a polling place to an address in the same area 
shall, notwithstanding failure to notify the registrar of the 
change of address prior to the date of an election, be 
permitted to vote at that polling place upon oral or written 
affirmation by the registrant of the change of address before 
an election official at that polling place.
  (2)(A) A registrant who has moved from an address in the area 
covered by one polling place to an address in an area covered 
by a second polling place within the same registrar's 
jurisdiction and the same congressional district and who has 
failed to notify the registrar of the change of address prior 
to the date of an election, at the option of the registrant--
          (i) shall be permitted to correct the voting records 
        and vote at the registrant's former polling place, upon 
        oral or written affirmation by the registrant of the 
        new address before an election official at that polling 
        place; or
          (ii)(I) shall be permitted to correct the voting 
        records and vote at a central location within the same 
        registrar's jurisdiction designated by the registrar 
        where a list of eligible voters is maintained, upon 
        written affirmation by the registrant of the new 
        address on a standard form provided by the registrar at 
        the central location; or
          (II) shall be permitted to correct the voting records 
        for purposes of voting in future elections at the 
        appropriate polling place for the current address and, 
        if permitted by State law, shall be permitted to vote 
        in the present election, upon confirmation by the 
        registrant of the new address by such means as are 
        required by law.
  (B) If State law permits the registrant to vote in the 
current election upon oral or written affirmation by the 
registrant of the new address at a polling place described in 
subparagraph (A)(i) or (A)(ii)(II), voting at the other 
locations described in subparagraph (A) need not be provided as 
options.
  (3) If the registration records indicate that a registrant 
has moved from an address in the area covered by a polling 
place, the registrant shall, upon oral or written affirmation 
by the registrant before an election official at that polling 
place that the registrant continues to reside at the address 
previously made known to the registrar, be permitted to vote at 
that polling place.
  (f) Change of Voting Address Within a Jurisdiction.--In the 
case of a change of address, for voting purposes, of a 
registrant to another address within the same registrar's 
jurisdiction, the registrar shall correct the voting 
registration list accordingly, and the registrant's name may 
not be removed from the official list of eligible voters by 
reason of such a change of address except as provided in 
subsection (d).
  (g) Conviction in Federal Court.--(1) On the conviction of a 
person of a felony in a district court of the United States, 
the United States attorney shall give written notice of the 
conviction to the chief State election official designated 
under section 10 of the State of the person's residence.
  (2) A notice given pursuant to paragraph (1) shall include--
          (A) the name of the offender;
          (B) the offender's age and residence address;
          (C) the date of entry of the judgment;
          (D) a description of the offenses of which the 
        offender was convicted; and
          (E) the sentence imposed by the court.
  (3) On request of the chief State election official of a 
State or other State official with responsibility for 
determining the effect that a conviction may have on an 
offender's qualification to vote, the United States attorney 
shall provide such additional information as the United States 
attorney may have concerning the offender and the offense of 
which the offender was convicted.
  (4) If a conviction of which notice was given pursuant to 
paragraph (1) is overturned, the United States attorney shall 
give the official to whom the notice was given written notice 
of the vacation of the judgment.
  (5) The chief State election official shall notify the voter 
registration officials of the local jurisdiction in which an 
offender resides of the information received under this 
subsection.
  (h) Reduced Postal Rates.--(1) Subchapter II of chapter 36 of 
title 39, United States Code, is amended by adding at the end 
the following:

           *       *       *       *       *       *       *

  (2) The first sentence of section 2401(c) of title 39, United 
States Code, is amended by striking out ``and 3626(a)-(h) and 
(j)-(k) of this title,'' and inserting in lieu thereof 
``3626(a)-(h), 3626(j)-(k), and 3629 of this title''.
  (3) Section 3627 of title 39, United States Code, is amended 
by striking out ``or 3626 of this title,'' and inserting in 
lieu thereof ``3626, or 3629 of this title''.
  (4) The table of sections for chapter 36 of title 39, United 
States Code, is amended by inserting after the item relating to 
section 3628 the following new item:

``3629. Reduced rates for voter registration purposes.

  (i) Public Disclosure of Voter Registration Activities.--(1) 
Each State shall maintain for at least 2 years and shall make 
available for public inspection and, where available, 
photocopying at a reasonable cost, all records concerning the 
implementation of programs and activities conducted for the 
purpose of ensuring the accuracy and currency of official lists 
of eligible voters, except to the extent that such records 
relate to a declination to register to vote or to the identity 
of a voter registration agency through which any particular 
voter is registered.
  (2) The records maintained pursuant to paragraph (1) shall 
include lists of the names and addresses of all persons to whom 
notices described in subsection (d)(2) are sent, and 
information concerning whether or not each such person has 
responded to the notice as of the date that inspection of the 
records is made.
  (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.
  [(j)] (l) Definition.--For the purposes of this section, the 
term ``registrar's jurisdiction'' means--
          (1) an incorporated city, town, borough, or other 
        form of municipality;
          (2) if voter registration is maintained by a county, 
        parish, or other unit of government that governs a 
        larger geographic area than a municipality, the 
        geographic area governed by that unit of government; or
          (3) if voter registration is maintained on a 
        consolidated basis for more than one municipality or 
        other unit of government by an office that performs all 
        of the functions of a voting registrar, the geographic 
        area of the consolidated municipalities or other 
        geographic units.

SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

  (a) In General.--The Election Assistance Commission--
          (1) in consultation with the chief election officers 
        of the States, shall prescribe such regulations as are 
        necessary to carry out paragraphs (2) and (3);
          (2) in consultation with the chief election officers 
        of the States, shall develop a mail voter registration 
        application form for elections for Federal office;
          (3) not later than June 30 of each odd-numbered year, 
        shall submit to the Congress a report assessing the 
        impact of this Act on the administration of elections 
        for Federal office during the preceding 2-year period 
        and including recommendations for improvements in 
        Federal and State procedures, forms, and other matters 
        affected by this Act; and
          (4) shall provide information to the States with 
        respect to the responsibilities of the States under 
        this Act.
  (b) Contents of Mail Voter Registration Form.--The mail voter 
registration form developed under subsection (a)(2)--
          (1) may require only such identifying information 
        (including the signature of the applicant) and other 
        information (including data relating to previous 
        registration by the applicant), as is necessary to 
        enable the appropriate State election official to 
        assess the eligibility of the applicant and to 
        administer voter registration and other parts of the 
        election process;
          (2) shall include a statement that--
                  (A) specifies each eligibility requirement 
                [(including citizenship)] (including an 
                explanation of what is required to present 
                documentary proof of United States 
                citizenship);
                  (B) contains an attestation that the 
                applicant meets each such requirement; and
                  (C) requires the signature of the applicant, 
                under penalty of perjury;
          (3) may not include any requirement for notarization 
        or other formal authentication; [and]
          (4) shall include, in print that is identical to that 
        used in the attestation portion of the application--
                  
                  [(i)] (A) the information required in section 
                8(a)(5) (A) and (B);
                  [(ii)] (B) a statement that, if an applicant 
                declines to register to vote, the fact that the 
                applicant has declined to register will remain 
                confidential and will be used only for voter 
                registration purposes; and
                  [(iii)] (C) a statement that if an applicant 
                does register to vote, the office at which the 
                applicant submits a voter registration 
                application will remain confidential and will 
                be used only for voter registration 
                purposes[.], 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
          (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.

           *       *       *       *       *       *       *


SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.

  (a) Attorney General.--The Attorney General may bring a civil 
action in an appropriate district court for such declaratory or 
injunctive relief as is necessary to carry out this Act.
  (b) Private Right of Action.--(1) A person who is aggrieved 
by [a violation of this Act] 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, may provide 
written notice of the violation to the chief election official 
of the State involved.
  (2) If the violation is not corrected within 90 days after 
receipt of a notice under paragraph (1), or within 20 days 
after receipt of the notice if the violation occurred within 
120 days before the date of an election for Federal office, the 
aggrieved person may bring a civil action in an appropriate 
district court for declaratory or injunctive relief with 
respect to the violation.
  (3) If the violation occurred within 30 days before the date 
of an election for Federal office, the aggrieved person need 
not provide notice to the chief election official of the State 
under paragraph (1) before bringing a civil action under 
paragraph (2).
  (c) Attorney's Fees.--In a civil action under this section, 
the court may allow the prevailing party (other than the United 
States) reasonable attorney fees, including litigation 
expenses, and costs.
  (d) Relation to Other Laws.--(1) The rights and remedies 
established by this section are in addition to all other rights 
and remedies provided by law, and neither the rights and 
remedies established by this section nor any other provision of 
this Act shall supersede, restrict, or limit the application of 
the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
  (2) Nothing in this Act authorizes or requires conduct that 
is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 
et seq.).

SEC. 12. CRIMINAL PENALTIES.

   A person, including an election official, who in any 
election for Federal office--
          (1) knowingly and willfully intimidates, threatens, 
        or coerces, or attempts to intimidate, threaten, or 
        coerce, any person for--
                  (A) registering to vote, or voting, or 
                attempting to register or vote;
                  (B) urging or aiding any person to register 
                to vote, to vote, or to attempt to register or 
                vote; or
                  (C) exercising any right under this Act; or
          (2) knowingly and willfully deprives, defrauds, or 
        attempts to deprive or defraud the residents of a State 
        of a fair and impartially conducted election process, 
        by--
                  (A) the procurement or submission of voter 
                registration applications that are known by the 
                person to be materially false, fictitious, or 
                fraudulent under the laws of the State in which 
                the election is held; [or]
                  (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
                  [(B)] (D) the procurement, casting, or 
                tabulation of ballots that are known by the 
                person to be materially false, fictitious, or 
                fraudulent under the laws of the State in which 
                the election is held,
shall be fined in accordance with title 18, United States Code 
(which fines shall be paid into the general fund of the 
Treasury, miscellaneous receipts (pursuant to section 3302 of 
title 31, United States Code), notwithstanding any other law), 
or imprisoned not more than 5 years, or both.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

        REPUBLICANS ARE PLANNING TO UNDERMINE THE 2024 ELECTION

    The clear purpose of H.R. 8281 is to prime the American 
people to question the outcome of the 2024 election. In 2020, 
President Trump and his allies tried to subvert the outcome of 
the presidential election by spreading numerous lies that the 
election had been tainted by widespread fraud and 
irregularities--claims that led to the deadly January 6, 2021, 
attack on the Capitol.\1\ Indeed, one of the leaders of the 
effort to subvert the election in Congress was now-Speaker Mike 
Johnson, who led 126 of his Republican colleagues in filing an 
amicus brief that would have, if successful, disenfranchised 
millions of Americans and broken the back of American 
democracy.\2\ But in 2020, Republicans' attempts to overturn 
the election, while profoundly damaging, were unsuccessful.
---------------------------------------------------------------------------
    \1\See generally Final Report, House Report 117-663, Select 
Committee to Investigate the January 6th Attack on the United States 
Capitol, 117th Cong. (2nd Sess. 2022).
    \2\Andrew Solender, 126 House Republicans Now Support Lawsuit To 
Overturn Election In Updated Brief, Forbes (Dec. 11, 2020), https://
www.forbes.com/sites/andrewsolender/2020/12/11/126 -house-republicans-
now-support-lawsuit-to-overturn-election-in-updated-brief/
?sh=7daf8913e5db.
---------------------------------------------------------------------------
    MAGA extremists are hoping to be more successful this 
November. President Trump and his allies in Congress, including 
Speaker Johnson and Committee Republicans, are laying the 
groundwork to contest the 2024 election--beginning by echoing 
disproven claims about fraudulent noncitizen voting. Despite 
Republican allegations, there is absolutely no evidence of any 
widespread noncitizen voting in federal elections.\3\ Speaker 
Johnson has himself admitted this, saying that claims of 
noncitizen voting in federal elections was not ``provable.''\4\ 
But in the face of all evidence,\5\ Republicans are intent on 
creating a problem where there is none, so Americans lose 
confidence in the security of American elections. By so doing, 
they hope Americans will be more likely to believe future 
baseless claims of massive fraud so that Republicans' attempts 
to overturn the 2024 election will be more likely to succeed.
---------------------------------------------------------------------------
    \3\Aaron Blake, Mike Johnson's telling comment on GOP's (lack of) 
voter-fraud evidence, Wash. Post (May 9, 2024), https://
www.washingtonpost.com/politics/2024/05/09/republican-bogus-claims-
vote-fraud/.
    \4\Scott Wong et al., Speaker Mike Johnson and Trump allies who 
tried to overturn the 2020 election roll out voting `integrity' bill, 
NBC News (May 8, 2024), https://www.nbcnews.com/poli
tics/congress/speaker-johnson-trump-allies-tried-overturn-2020-
election-roll-new-vot-rcna151256.
    \5\For further information on the lack of widespread noncitizen 
voting in federal elections, see A Solution in Search of a Problem: 
Noncitizen Voting Almost Never Happens below.
---------------------------------------------------------------------------

    A SOLUTION IN SEARCH OF A PROBLEM: NONCITIZEN VOTING ALMOST 
                           NEVER HAPPENS 

    Noncitizens are not voting in state or federal elections--
certainly not at any scale significant enough to sway any 
American election--and there is overwhelming evidence showing 
as much. First and foremost, it is already illegal for 
noncitizens to vote in federal elections. Federal law declares 
that it is ``unlawful for any alien to vote in any election 
held solely or in part for the purpose of electing a candidate 
for the office of President, Vice President, Presidential 
elector, Member of the Senate, Member of the House of 
Representatives, Delegate from the District of Columbia, or 
Resident Commissioner.''\6\
---------------------------------------------------------------------------
    \6\18 U.S.C. Sec. 611.
---------------------------------------------------------------------------
    Further, not only is it already illegal for noncitizens to 
vote in federal elections, federal law also makes the ``the 
procurement or submission of voter registration applications 
that are known by the person to be materially false, 
fictitious, or fraudulent''\7\ a felony that could result in a 
five-year prison term and subsequent deportation. The processes 
in place to protect American elections are both sturdy and 
comprehensive.
---------------------------------------------------------------------------
    \7\52 U.S.C. Sec. 20511.
---------------------------------------------------------------------------
    Why would a noncitizen ``risk everything--[their] freedom, 
[their] life in the United States, [their] ability to be near 
[their] family--just to cast a single ballot?''\8\ Quite 
simply, they would not: Every reliable, verifiable study ever 
done on the topic has proved that noncitizen voting in state 
and federal elections is ``vanishingly rare.''\9\ Indeed, 
``[t]he idea that large numbers of people who are in this 
country illegally would take the risk of being detected to cast 
a single vote in a presidential election is nonsensical on its 
face.''\10\ As Michael Waldman, Committee Democrats' witness 
for the May 16, 2024, hearing on the Safeguard American Voter 
Eligibility Act (``SAVE Act''), has compellingly written:
---------------------------------------------------------------------------
    \8\Sean Morales-Doyle, Noncitizens Are Not Voting in Federal or 
State Elections--Here's Why, Brennan Ctr. for Justice (Apr. 12, 2024), 
https://www.brennancenter.org/our-work/analysis-opinion/noncitizens-
are-not-voting-federal-or-state-elections-heres-why.
    \9\Id.
    \10\Blake, supra note 3.

          For starters, let's say it as clearly as possible: it 
        is already illegal for noncitizens to vote. They are 
        prohibited from voting in federal elections and state 
        elections in every state. It is very, very illegal. 
        There are strong penalties in the law. And states have 
        strong systems in place to ensure that noncitizens 
        don't vote--whether on purpose or, as may be more 
        likely, because they are misinformed about their 
        eligibility.\11\
---------------------------------------------------------------------------
    \11\Michael Waldman, Noncitizen Voting Is Already Illegal--and 
Vanishingly Rare, Brennan Ctr. for Justice (Apr. 17, 2024), https://
www.brennancenter.org/our-work/analysis-opinion/noncitizen-voting-
already-illegal-and-vanishingly-rare.

    A study by the Brennan Center found that suspected cases of 
noncitizen voting in state or federal elections--including 
those that have not been proven in a court of law--account for 
0.0001 percent of all ballots cast. The conservative Cato 
Institute has found that ``noncitizens don't illegally vote in 
detectable numbers.''\12\ Whit Ayres, a longtime Republican 
pollster, has admitted ``there is no evidence of widespread 
voter fraud that would influence the results of an 
election.''\13\ And as noted above, even Speaker Johnson 
conceded that there is no evidence of noncitizen voting, an 
admission The Washington Post called a ``telling comment.''\14\
---------------------------------------------------------------------------
    \12\Alex Nowrasteh, Noncitizens Don't Illegally Vote in Detectable 
Numbers, Cato Inst. (Nov. 25, 2020), https://www.cato.org/blog/
noncitizens-dont-illegally-vote-detectable-numbers.
    \13\Colby Itkowitz et al., Noncitizen voting is extremely rare. 
Republicans are focusing on it anyway., Wash. Post (May 9, 2024), 
https://www.washingtonpost.com/politics/2024/05/09/noncitizen-voting-
trump-johnson-elections/.
    \14\Blake, supra note 3.
---------------------------------------------------------------------------
    Further, evidence for illegal registration and voting would 
be exceptionally easy to find, compared to almost every other 
crime--just by attempting to register to vote, a noncitizen 
would create a paper trail of criminal activity for state and 
federal authorities.\15\ Indeed, officers at the United States 
Citizenship and Immigration Services specifically investigate 
possible past registration and voting during the naturalization 
process.\16\ Republicans' claims about noncitizen voting ignore 
the facts and defy common sense.
---------------------------------------------------------------------------
    \15\Morales-Doyle, supra note 8.
    \16\Id.
---------------------------------------------------------------------------
    Republicans have no real interest in preventing noncitizen 
voting in state and federal elections because there is no 
problem with noncitizens voting in elections. H.R. 8281 is 
instead part of Republicans' evolving election denialism, a 
spectacle as they shift their focus away from November 2020 and 
toward November 2024.

                         THE SAVE ACT OVERVIEW

    On Wednesday, May 8, 2024, Speaker Johnson joined 
Congressman Chip Roy (R-TX) and Senator Mike Lee (R-UT) at a 
press conference on the Capitol steps to announce the 
introduction of the SAVE Act,\17\ a bill that would require 
voters to provide documentary proof of citizenship (``DPOC'') 
when registering to vote in federal elections. They were joined 
at this press conference by noted election deniers such as 
Cleta Mitchell, Ken Cuccinelli, and Stephen Miller. This press 
conference followed the April 12, 2024, press conference held 
by Speaker Johnson and former President Trump at the Mar-a-Lago 
country club calling for (redundant) legislation meant to 
prevent noncitizens from voting in federal elections.\18\
---------------------------------------------------------------------------
    \17\Other attendees included Congressman Brian Babin (R-TX), 
Congressman Pat Fallon (R-TX), Congressman Randy Weber (R-TX), and 
conservative activists.
    \18\Lisa Mascaro & Jill Colvin, Trump gives support to embattled 
Speaker Mike Johnson at pivotal Mar-a-Lago meet, AP (Apr. 12, 2024), 
https://apnews.com/article/trump-speaker-johnson-maralago-congress-
c6eaace204882df054795cf70a5fe60a.
---------------------------------------------------------------------------
    The SAVE Act would create extreme DPOC requirements 
nationwide, burdening every potential voter and particularly 
affecting people who have difficulty obtaining the required 
DPOC, including married women who have changed their names, 
students, the elderly, lower income people, members of Tribal 
nations, and naturalized citizens. The bill's requirements 
would be the most severe voter identification or proof of 
citizenship law in the nation, even more burdensome than 
Arizona's infamous DPOC law that has been subjected to repeated 
successful federal lawsuits.\19\ The bill would do all of this 
to prevent a problem that does not exist--an entirely 
pretextual enterprise to frighten American voters and set the 
stage for a January 6 redux.
---------------------------------------------------------------------------
    \19\See, e.g., Arizona v. Inter Tribal Council of Arizona, 570 U.S. 
1 (2013); Mi Familia Vota v. Fontes, _F.Supp.3d., _2024 WL 862406 (D. 
Ariz. 2024); Consent Decree, ECF No. 20, Lulac v. Regan, No. 2:17-cv-
04102(D. Ariz. June 4, 2018), https://campaignlegal.org/sites/default/
files/Consent%20Decree.pdf.
---------------------------------------------------------------------------

A. Acceptable Forms of Documentary Proof of Citizenship

    This bill would amend the National Voter Registration Act 
(``NVRA''), which currently prohibits states from requiring 
DPOC from applicants that register under the NVRA's 
registration provisions,\20\ to mandate states require 
Americans to provide DPOC to register to vote. The following 
forms ofDPOC would be allowable:\21\
---------------------------------------------------------------------------
    \20\See Arizona v. Inter Tribal Council of Arizona, 670 U.S. 1, 20 
(2013); Fish v. Schwab, 957 F.3d 1105, 1136 (10th Cir. 2020); Fish v. 
Kobach, 840 F.3d 710, 750 (10th Cir. 2016).
    \21\H.R. 8182, 118th Cong. (2nd Sess. 2024).
---------------------------------------------------------------------------
          1. a form of photo identification consistent with the 
        REAL ID Act of 2005 that indicates the applicant is a 
        citizen;\22\
---------------------------------------------------------------------------
    \22\This requirement is bizarre; identification issued pursuant to 
REAL ID does not list a person's citizenship status, and indeed REAL 
IDs are available to noncitizens.
---------------------------------------------------------------------------
          2. a valid United States passport;
          3. a military identification card coupled with a 
        military service record showing the applicant's place 
        of birth was in the United States;\23\
---------------------------------------------------------------------------
    \23\Tracking down and submitting a military service record is 
likely a significant burden for military voters.
---------------------------------------------------------------------------
          4. a valid government-issued photo identification 
        card from a federal, state, or Tribal government 
        showing the applicant's place of birth was in the 
        United States;\24\
---------------------------------------------------------------------------
    \24\Apart from passports, most government-issued forms of 
identification do not list places of birth--merely current residence.
---------------------------------------------------------------------------
          5. a valid form of photo identification issued by a 
        federal, state, or Tribal government (such as a 
        standard driver's license) that does not comport with 
        (4) above, so long as it is coupled with:
                  a. a certified birth certificate (with 
                several qualifiers);
                  b. an extract from a United States hospital 
                record of birth showing the applicant's place 
                of birth in the United States;
                  c. a final adoption decree showing the 
                person's name and that their place of birth was 
                within the United States;
                  d. a Consular Report of Birth Abroad or a 
                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
                  f. an American Indian Card issued by the 
                Secretary of Homeland Security with the 
                classification ``KIC.''\25\
---------------------------------------------------------------------------
    \25\The Kickapoo Act of 1983 enabled Mexican-born members of the 
Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas 
to acquire United States citizenship and free passage over the United 
States-Mexico border through a special naturalization process. The law 
did not provide for issuance of Certificate of Citizenship to 
individuals who acquired citizenship through the Kickapoo Act, however, 
but rather provided for a small, laminated card that included a 
classification code ``KIC.'
---------------------------------------------------------------------------
    The SAVE Act would not allow states to accept or process a 
voter registration application without first receiving the 
required DPOC.

B. Amending the Requirements of the National Mail Voter Registration 
    Form

    The SAVE Act would disallow states from accepting the 
NVRA's mail voter registration application unless the applicant 
presents DPOC in person at the office of an appropriate 
election official. If a state received an otherwise completed 
voter registration application without DPOC, the state would be 
required to notify the applicant that additional DPOC is 
needed. By requiring people to travel to the office of an 
election official, this provision of the SAVE Act would 
essentially gut the utility of the mail voter registration 
application.
    The SAVE Act would also require individuals to bring DPOC 
to vote if they live in a state with same-day voter 
registration and intend on both registering to vote and casting 
a ballot at the same time. This would pose a significant burden 
to many voters, most of whom do not show up to their polling 
places with their passports or birth certificates.

C. Process for those without documentary proof of citizenship

    The SAVE Act creates a process for individuals without DPOC 
so unclear it would likely be unworkable. The bill states that 
the Election Assistance Commission shall provide guidance for 
states to accept voter registrations from individuals who lack 
DPOC, but that the process shall include an applicant (1) 
signing an attestation under penalty of perjury that they are a 
United States citizen, and (2) submitting ``such other evidence 
to the appropriate State official demonstrating that the 
applicant is a citizen of the United States.'' What this 
``other evidence''--that is not already included in the list of 
acceptable DPOC--could be is unclear.
    Further, upon receiving the signed attestation and the 
additional, undefined proof of citizenship, the SAVE Act would 
require election officials to make their own determination as 
to whether the applicant may properly register to vote--and 
then sign an affidavit themselves explaining their basis for 
allowing the applicant to register to vote.

D. State Coordination with Federal Agencies

    A portion of the SAVE Act includes much of the substance of 
the Protecting American Voters Act (H.R. 3162), also sponsored 
by Congressman Roy, which would require the Secretary of 
Homeland Security and the Commissioner of the Social Security 
Administration to provide any state election official with 
``such information as may be necessary'' for the official to 
verify that a potential voter is in fact a citizen--a process 
that would be rife with flaws and overburden two already-taxed 
agencies. H.R. 3162 was previously marked up by the Committee 
on November 20, 2023.
    The Social Security Administration (``SSA'') has previously 
explained that sharing this information for voter registration 
purposes is non-mission work for SSA and would divert critical 
agency resources needed to administer SSA's programs. 
Additionally, SSA is not the authoritative source for U.S. 
citizenship status--SSA's citizenship data is a snapshot in 
time and many people may have changed status (become citizens) 
and may not have notified SSA.

E. Private Right of Action

    The SAVE Act would amend the NVRA's private right of action 
contained in 5.2 U.S.C. 20510(b)(l) to allow for suits against 
``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.'' This would undoubtably 
result in an avalanche of litigation against election officials 
in blue states, where the former president has repeatedly 
alleged noncitizen voting is rampant.

F. Criminal Penalties Against Election Officials

    The SAVE Act would amend the NVRA's criminal penalties 
contained in 52 U.S.C. 20511 to subject any election official 
who ``register[s] an applicant to vote in an election for 
Federal office who fails to present documentary proof of United 
States citizenship'' to hefty criminal fines and up to five 
years in federal prison. Not only is this a blatant attack on 
election officials, but the threat of severe criminal penalties 
would almost certainly make election officials wary to allow 
applicants who do not have DPOC to make use of the already 
confusing alternative.

           COMMITTEE REPUBLICANS' ELECTIONS CLAUSE HYPOCRISY

    Committee Republicans--who have repeatedly emphasized their 
belief in the constitutional primacy of state power over 
federal elections--have done an about-face on their view on the 
Elections Clause. Time and again, Committee Republicans have 
declared their unwavering loyalty to the idea that ``the 
Constitution grants the Congress a purely secondary role to 
alter or create election laws only in the extreme cases of 
invasion, legislative neglect, or obstinate refusal to pass 
election laws.''\26\ Many of the Republican member of this 
Committee have made statements akin to this at several hearings 
this Congress, and indeed they repeated this claim in the text 
of their American Confidence in Elections Act.\27\ They have 
repeated their enduring belief that congressional action 
related to our election system is an inappropriate use of 
power.
---------------------------------------------------------------------------
    \26\Congressman Rodney Davis (R-IL), The Elections Clause: States' 
Primary Constitutional Authority Over Elections, Comm. H. Admin. (Aug. 
12, 2021), https://cha.house.gov/_cache/files/
8/b/8b7e408f-b0b8-427f-85af-261bab2666cc/
0620A081A2ADA16BF06CD47CB190DC13.report-the -elections-clause-states-
primary-constitutional-authority-over-elections-aug-11-2021.pdf.
    \27\H.R. 4563, 118th Cong. Sec.  101(b)(1) (1st Sess. 2023) (``The 
Constitution reserves to the States the primary authority and the duty 
to set election legislation and administer elections--the ``times, 
places and manner of holding of elections''--and Congress' power in 
this space is purely secondary to the States' power and is to be 
employed only in the direst of circumstances.'').
---------------------------------------------------------------------------
    It is curious, then, that when filing the SAVE Act, 
Congressman Roy cited the Elections Clause as the bill's 
primary constitutional authority.\28\ As discussed above, the 
SAVE Act would be a dramatic expansion of federal power over 
state election officials, well beyond the scope of the limited 
congressional authority Committee Republicans claim to believe 
in. Consequently, in the face of the sweeping, discriminatory 
SAVE Act--which would impose significant new requirements for 
states and would subject state employees to federal criminal 
penalties--Committee Republicans' alleged belief in the primacy 
of state power over federal elections rings hollow. It is clear 
that Republicans' view of the Elections Clause is not 
inviolable--it is mercurial, adapting to the needs of the 
Republican talking point of the day.
---------------------------------------------------------------------------
    \28\H.R. 8281--Constitutional Authority and Single Subject 
Statements, CONGRESS.GOV (May 7, 2024), https://www.congress.gov/bill/
118th-congress/house-bill/828l?q=%7B%22search%22%3A 
%22hr+8281%22%7D&s=2&r=l.
---------------------------------------------------------------------------
    Committee Democrats, by contrast, understand that the 
intent of the framers of the Constitution was for Congress to 
have plenary authority over the election of its members. 
Indeed, when eloquently arguing on behalf of constitutional 
ratification, Alexander Hamilton made quite clear the ``plain 
proposition, that every government ought to contain in itself 
the means of its own preservation.''\29\ The Supreme Court has 
also long upheld Congress's power under the Elections Clause--
since Ex parte Siebold, 100 U.S. 371 (1879), the Supreme Court 
has repeatedly held that Congress's power over congressional 
elections is ``paramount.''\30\ Justice Scalia, writing for the 
majority in Arizona v. Inter Tribal Council of Arizona, 570 
U.S. 1 (2013), reaffirmed the ``broad'' and ``comprehensive'' 
scope of the Congress' authority under the Elections 
Clause.\31\ That Committee Republicans deny these facts in 
relation to Democratic bills, but quietly adopt this belief for 
the SAVE Act, is pure hypocrisy.
---------------------------------------------------------------------------
    \29\The Federalist No. 59 (Alexander Hamilton).
    \30\The Elections Clause: Constitutional Interpretation and 
Congressional Exercise: Hearing Before the H. Comm. on House Admin., 
117th Cong. 1 (2021) (written testimony on Daniel P. Tokaji).
    \31\Id.

                                          Joseph D. Morelle
                                                    Ranking Member.

                                  [all]