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The SAVE America Act: Will it save American elections?

The SAVE America Act, also known simply as the SAVE Act, has become a hot topic over the past year. SAVE stands for “Safeguard American Voter Eligibility.” The SAVE America Act has passed the U.S. House of Representatives as of mid-February, but has yet to be considered in the Senate. 

The SAVE Act was first introduced in January 2025 by Republican representative Chip Roy of Texas. Simply put, the bill would “require individuals to provide documentary proof of U.S. citizenship when registering to vote in federal elections,” according to Congress. But, don’t American citizens already provide proof of citizenship when registering to vote in federal elections? 

In many states, citizens have to provide proof of residency in that particular state in addition to proof of U.S. citizenship. So, what is different about this bill and its requirements for voter registration? 

Currently, federal law makes it clear that only U.S. citizens may vote in elections, though states vary on how this law is specifically enforced. Not all states require strict photo identification at the time of voting. In fact, only 10 states have strict photo identification laws. 

However, under the SAVE Act, states would be required to collect documentary proof of citizenship, such as a birth certificate or passport, both when individuals register and when they update their registration. Additionally, the Act does not provide clear pathways for submitting these documents online or by mail, meaning voters would have to present them in person. This could create a potential barrier to voting for elderly or disabled individuals who may have difficulty leaving their homes.

While providing documents such as a birth certificate or passport may seem like a small step to ensure the integrity of U.S. elections, millions of Americans lack access to a paper copy of their birth certificate. According to the Center for American Progress (CAP), roughly half of Americans do not have a valid passport. This could effectively disenfranchise millions of eligible American voters and place a significant burden on individuals to obtain documentation before voting.

In addition, the bill could bar those with mismatched names from registering if the name on their documentary proof does not match the name on their driver’s license. This could affect married women who have changed their last name, transgender individuals who use their preferred name, or anyone else who has legally changed their first or last name for any reason.

On top of placing a burden on individual citizens, the SAVE Act would also impose an unfunded mandate on state and local governments, requiring them to alter voting procedures and expand in-person registration sites if online methods are restricted. Young, first-time voters are especially likely to rely on modern methods of registration, particularly if they lack access to reliable transportation. With additional barriers in place, some young voters may be discouraged from even registering altogether. 

American elections have a long-standing tradition of being safe and secure. So, why does the SAVE Act seemingly introduce a level of distrust in U.S. elections that many experts argue is largely unfounded? For nearly a decade, Donald Trump has falsely instilled fear that noncitizens are voting in significant numbers, even partially attributing his 2020 loss to Joe Biden accruing tens of thousands of noncitizen votes.

However, the truth remains that instances of voter fraud, including noncitizen voting, are exceedingly rare, and such actions are already illegal in all 50 states.

The scale at which Donald Trump has alleged millions of instances of voter fraud is virtually impossible at this point in American democracy. Interestingly enough, The Heritage Foundation, a massive conservative organization that has been very supportive of Trump, reported just 24 instances of noncitizen voting between 2003 and 2023, as of July 2024. The organization also documented 1,465 proven cases of voter fraud of all types over a 44-year period from 1979 to 2023, proving the rarity of fraud and suggesting that most documented cases of voter fraud  involved U.S. citizens rather than noncitizens.

The United States prides itself on conducting free and fair elections, a crucial staple of democracy. It is already nearly impossible and completely illegal for noncitizens to vote, and documented cases of citizen voter fraud are very uncommon. The SAVE Act would likely make it more difficult for American citizens to vote, creating an issue instead of a solution to the voting process. While citizens have a right to be concerned about the integrity of U.S. elections, the SAVE Act would ultimately create more apprehension about voting than in previous elections. 

Kelsey Bell is a senior psychology major and an opinions writer for The Retriever. 

Contact Kelsey at kbell6@umbc.edu