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Bill that Would Require Proof of Citizenship for Voter Registration is resurrected

The Save America Act, a republican-backed bill, that expands on changes to voting laws in the 2024 bill, got attached to spending bill on the House on Wednesday. This is the latest attempt from Congressional Republicans to send the bill to the Senate, where is facing opposition from the Democratic delegation. The bill, presented by […]

Federal Affairs·By Caribbean Business Staff··3 min read
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The Save America Act, a republican-backed bill, that expands on changes to voting laws in the 2024 bill, got attached to spending bill on the House on Wednesday. This is the latest attempt from Congressional Republicans to send the bill to the Senate, where is facing opposition from the Democratic delegation.

The bill, presented by Chip Roy of the House of Representatives, would introduce the requirement of identification at the time of registration and impose federal involvement in the state election administration. 

Last March Trump issued an executive order that tried to impose similar citizenship documentation requirements when registering to vote through national mail voter registration form; however it was blocked by a federal court. The purpose of the bill is to eliminate voter fraud. But according to voter rights advocates and The Guardian there is no evidence of widespread voter fraud that would require showing legal status on every eligible vote

The parliamentarian, Ms. MacDonough, who decides whether the bill complies with the budget and enforces chamber’s rules, will review if the provisions need to be struck. Ms. MacDonough will review the provisions because under reconciliation, bills have to be related to taxes and spending, and not all of SAVE America Act’s provisions an pass this way. Reconciliation which allows Republicans to bypass the filibuster and pass legislation without democratic support. 

The provisions for the SAVE America Act are: 

  • Requiring documentary proof of citizenship to register to vote in federal elections
  • Requiring states to establish a program to remove noncitizens from existing voter rolls by submitting them to the federal SAVE database
  • and allowing American citizens to sue election officials who don’t follow proof-of-citizenship requirements and requiring photo identification to vote in federal elections

Ms. MacDonough has struck several prior provisions, including the republican’s plan to cut the food assistance program (SNAP), an effort to sell federal land and limit federal judge’s power to enforce injunctions against the Trump administration. Many republicans responded by venting rage towards Ms. MacDonough. 

Xavier Persad, senior policy counsel for ACLU’s national Political Advocacy Department said, “Laws like this have historically resulted in many eligible citizens being delayed or denied access to the ballot due to paperwork issues, database mismatches, or bureaucratic error.”

Previously, the state of Kansas enacted a documentary proof-of-citizenship law which required people to prove their citizenship to register to vote. It blocked more than 30,000 eligible voters from registering to vote, and was later struck down for violating the National Voter Registration Act and U.S. Constitution, stated ACLU. 

It is currently illegal for noncitizens to vote in federal elections, and the practice occurs rarely. It is required by federal law that voters registering to vote swear under penalty of perjury that they are citizens and eligible to vote.

Republicans wanted to implement the bill before the midterm elections in November, which would require for the bill to be approved by early August. 

The only exceptions to the SAVE America act for mail-in-ballots are: illness, disability, military deployment or travel.

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