H.R. 22: SAVE Act

H.R. 22 rewrites the National Voter Registration Act of 1993 to require documentary proof of U.S. citizenship before any state can accept a voter registration for federal elections. The bill defines exactly which documents qualify: a U.S. passport, a REAL ID-compliant license that indicates citizenship, a military ID paired with service records showing U.S. birth, or a government-issued photo ID combined with a certified birth certificate, naturalization papers, adoption decree, consular report of birth abroad, or an American Indian Card classified as 'KIC.'

The birth certificate requirements alone are unusually specific. The bill requires seven elements: issuance by the jurisdiction of birth, filing with the state vital records office, the applicant's full name, date of birth, and place of birth, at least one parent's full name, the signature of an authorized official, the filing date, and the official seal.

For people who register at the DMV, the motor vehicle office would take on a new role: verifying citizenship and collecting the required documents before completing voter registration. For people who register by mail, the form alone would no longer be enough. They would have to appear in person at an election office before the state's registration deadline — or at the polling place in states that allow same-day registration — to present their documents.

The bill requires every state to set up a program within 30 days to identify noncitizens on voter rolls, using data from DHS, Social Security, state DMVs, or other databases. Federal agencies would be required to respond to state verification requests within 24 hours, at no charge. If DHS determines through this process that a noncitizen is registered, the bill directs the agency to investigate whether to begin removal proceedings.

People who lack any of the listed documents would not be automatically turned away. The bill requires states to create an alternative process where applicants can submit other evidence of citizenship along with a sworn attestation under penalty of perjury. A state or local official would then decide whether citizenship has been sufficiently established and sign an affidavit explaining the basis for that decision.

The bill also creates a private right of action — meaning any person could sue an election official who registers someone without the required documents. Election officials who do so would also face criminal penalties. Information collected during DMV-based registration could be used as evidence in criminal or immigration proceedings against anyone who knowingly lies about their eligibility.

The Election Assistance Commission would have 10 days after enactment to issue implementation guidance to every state. The Paperwork Reduction Act would not apply to any voter registration materials created or modified under the law.