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A HeadLines Decoded Series
The SAVE Act
On April 10, 2025, the U.S. House voted 220 to 208 to pass the SAVE Act, a bill written by Rep. Chip Roy of Texas that would change one step in signing up to vote. The House passed a bigger version, the SAVE America Act, 218 to 213 on Feb. 11, 2026, and Sen. Mike Lee of Utah sponsors both in the Senate. Today, when you register for a federal election, you sign a line on the form swearing under penalty of perjury that you are a U.S. citizen, and that signature is the proof. The bills would require a document instead, usually a passport or a certified birth certificate paired with a photo ID. The second bill would also require a photo ID to cast a ballot, in person or by mail. Neither one has become law.
Supporters, led by Roy and Lee, say a signature can be a lie while a birth certificate is much harder to fake, so a check at registration gives the public more confidence that only citizens are voting. Opponents, among them the Brennan Center for Justice and the Campaign Legal Center, point to a 2023 national survey, co-sponsored by the Brennan Center, that found about 21.3 million voting-age citizens, roughly 9 percent, do not have ready access to proof of citizenship, in a country where about half of Americans do not hold a valid passport. Voting as a noncitizen in a federal election is already a federal crime, so much of the argument is over how often it happens anyway. The Brennan Center’s review of the 2016 election turned up about 30 suspected cases among 23.5 million votes, and supporters answer that even a small number justifies a stronger check. Kansas ran the closest test, and its rule blocked or suspended 31,089 would-be voters, while the state could point to about 39 noncitizens who had reached the rolls over nearly two decades, and a federal appeals court struck the law down in 2020.
Part 1 lays out what the bills say and why “the SAVE Act” can mean either of them. It also tests two popular claims, one from each side, that the text does not back up. Part 2 goes through the short list of documents that would count and explains why a standard driver’s license, or even most REAL IDs, would not be enough on their own, and why the rule would largely shut online and mail-in registration for federal races. Part 3 covers the certified birth certificate, the raised-seal copy from a state or county vital-records office that often costs $15 to $40 and can take weeks to arrive, and why the decorative one from the hospital does not count. Part 4 is about married names. The Center for American Progress estimates about 69 million married women have a current last name that does not match their birth certificate, though that is a count of possible mismatches rather than of women who could not vote.
Part 5 answers the question most readers bring, whether people already on the rolls would have to sign up again. The bill has no such requirement, though a move or a name change would bring an already-registered voter under the new rule. Part 6 looks at the Constitution’s Elections Clause, which lets states run elections while letting Congress change the rules for federal races, and at who would pay for the new work in county election offices. Part 7 weighs the evidence, including what happened when Arizona and Kansas tried proof-of-citizenship rules. Part 8 sets the benefits and the costs side by side, and Part 9 is a snapshot of where things stood on Aug. 5, 2026.
Already registered, with no move or name change coming? Start with Part 5. What has happened in the Senate and in the courts since Part 9 ran is at the end of this page, below the list of parts.
9 parts
A series by Todd Ruffner-Schoenfeld.
Senate Majority Leader John Thune of South Dakota brought the House-passed SAVE America Act to the Senate floor on March 17, 2026. On March 26, a vote to cut off debate on an amendment from Sen. Jon Husted of Ohio got 53 votes, short of the 60 the filibuster rule requires, and in April the Senate set the bill aside. Supporters then tried budget bills, which cannot be filibustered, but their amendments still needed 60 votes under the Senate's budget rules. An amendment from Sen. John Kennedy of Louisiana failed 48 to 50 on April 23, and one from Sen. Lindsey Graham of South Carolina failed by the same count on June 4. Both times four Republicans, Susan Collins of Maine, Lisa Murkowski of Alaska, Mitch McConnell of Kentucky and Thom Tillis of North Carolina, joined the Democrats in voting no. Late on June 4, Collins voted yes on a version from Mike Lee, the bills' Senate sponsor, that matched the House text. It drew 50 votes, still 10 short.
President Trump then demanded that the Senate skip its August recess until the bill passed, and Thune replied, "Show me how this ends." On Aug. 7, after a late-night call with Trump, Senate Republicans put off a vote on a budget plan that carried $20 billion for voter ID measures, and Ron Johnson, a Wisconsin Republican, said the president agreed they should use August and September to write a better one. Early on Aug. 8, a narrower photo ID bill from Husted failed to advance, 52 to 46, after he asked colleagues to answer "one simple question: should you have to prove who you are when you vote?" The Senate then left town. Through Sept. 24 it has not voted again on the SAVE America Act or on a new budget plan.
The courts have moved faster than Congress. Trump's March 2025 order to put a proof-of-citizenship demand on the federal registration form has been blocked for good by U.S. District Judges Colleen Kollar-Kotelly in Washington and Denise Casper in Boston. A second order, signed March 31, 2026, told the Department of Homeland Security to send states lists of their adult citizens and gave the U.S. Postal Service a say over which mail ballots it would carry. In June, U.S. District Judge Indira Talwani in Boston blocked that order in a suit by 23 states and the District of Columbia. On Aug. 24 the Supreme Court lifted her block, 6 to 3, in an unsigned order saying the states had sued too soon, before any agency had acted, and Justice Ketanji Brown Jackson wrote in dissent that the ruling "needlessly injects chaos and uncertainty into the upcoming midterm elections."
When the Postal Service issued its final mail-ballot rule in late August, the states went back to court, and Talwani froze it on Aug. 27 and blocked it on Sept. 4. U.S. District Judge Carl Nichols in Washington added a second block. On Sept. 14 the Supreme Court refused the administration's request to let the rule take effect, over dissents from Justices Samuel Alito and Clarence Thomas. Justice Brett Kavanaugh wrote that there is at least a fair prospect the Postal Service has that power, but that election officials lack the time to adapt before November. For this year's election, the rule is on hold.
Ballotpedia counts 12 states with their own proof-of-citizenship laws for voter registration. Three joined this spring. Utah's and South Dakota's laws, signed in late March, let a voter without the documents vote in federal races only, as Arizona has done since a 2013 Supreme Court ruling. Florida's, signed by Gov. Ron DeSantis on April 1, takes effect Jan. 1, 2027.
The midterms are Nov. 3. Even if the SAVE America Act passed now, it would likely come too late to change this year's election, the Washington Examiner reported in August. The open questions are whether Senate Republicans come back with a budget plan carrying voter ID money, and how the mail-ballot cases end once the courts rule on the merits. For anyone planning a move or a name change, Parts 2 through 4 explain which documents would matter.
This series was reported and edited to HeadLines Decoded newsroom standards.
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