Save America Act: A Deep Dive into Proposed Voting Restrictions

Ahead of crucial elections, the Republican party is once again championing legislation demanding documentary proof of U.S. citizenship for voting. The Save America Act, backed by former President Trump, seeks to address unsubstantiated claims of widespread voter fraud and “fix” U.S. elections. This bill has sparked significant debate, raising concerns about voter access and potential disenfranchisement.

What is the Save America Act?

The Save America Act (officially known as the Safeguard American Voter Eligibility Act) centers around a core principle: ensuring that only American citizens vote in U.S. elections. While noncitizen voting is already illegal in federal elections, proponents argue that stricter measures are necessary. The bill requires voters to provide proof of citizenship when registering, typically a passport or birth certificate. However, the accepted forms of documentation are under scrutiny, as some, like REAL IDs, are available to both citizens and non-citizens.

Key Provisions of the Bill

• Proof of Citizenship: Requires documentary proof of U.S. citizenship for voter registration.
• Photo ID Requirement: Mandates a government-issued photo ID for both in-person and absentee voting.
• Criminal Penalties: Imposes criminal penalties on election officials who register applicants without proper documentation, even if the applicant is a U.S. citizen.
• In-Person Proof for Mail-in Ballots: Requires applicants for mail-in ballots to provide proof of citizenship in person.

Concerns and Criticisms

Voting rights groups express serious concerns that the Save America Act could disenfranchise millions of eligible American voters. A Brennan Center for Justice survey revealed that approximately 9% of U.S. citizens – over 21 million people – don’t have readily available proof of citizenship. This includes individuals who may have lost documents, lack the financial resources to obtain them, or face logistical challenges.

Critics also point to the potential for “overly compliant” election officials, fearing criminal penalties, to unnecessarily restrict voting access. The bill’s vague language and discretionary powers raise concerns about inconsistent application and potential for discriminatory practices.

State-Level Efforts and Precedents

While the Save America Act faces an uncertain future at the federal level, several states have already implemented similar restrictions. Arizona’s proof-of-citizenship requirement, in place since 2004, has led to a bifurcated voting system, and Kansas’s similar law was struck down by a federal judge in 2018 for violating the U.S. Constitution and the National Voter Registration Act. New Hampshire recently passed a documentation requirement, adding to the growing trend of stricter voting laws.

The Broader Context

The push for the Save America Act is part of a larger effort to reshape election administration. The debate highlights fundamental questions about voter access, election security, and the role of the federal government versus the states in overseeing elections. While proponents argue these measures are necessary to prevent fraud, opponents contend they are a form of voter suppression.

As the 2024 election cycle progresses, the fate of the Save America Act and similar legislation will undoubtedly remain a central issue in the ongoing debate over voting rights and election integrity. For more information on election laws and voter rights, consider exploring resources from the Brennan Center for Justice and the Bipartisan Policy Center.