With the rising surge of illegal immigrants entering the United States via the US-Mexico Southern Border, concerns are growing among the Republican Party over non-citizens voting in federal elections.

In the US, each state has different rules regarding local, state, and federal elections, as the Constitution leaves election law in the power of the states. However, Congress can pass a federal bill regarding elections that can be applied to all federal elections across the country. This week, House Democrats and Republicans are again at odds over an immigration bill, with an election spin.

Next week, the House is scheduled to vote on the Safeguard American Voter Eligibility (SAVE) Act. Introduced by House Republicans, the bill would require “documentary proof of United States citizenship” to vote in federal elections.

Speaker of the House, Mike Johnson (R-LA), has spent much of his time this week promoting the bill, citing studies and research regarding illegal immigrants voting in federal elections.

In his 22-page report on the benefits the SAVE Act will provide to American citizens and their election system, Johnson stated, “While falsely claiming the 2016 was ‘stolen’ due to ‘foreign election interference,’ Democrats ignore the real threat of foreign election interference posed when noncitizens are allowed to register and vote in U.S. elections.”

He continued, “Lax voter registration laws make it possible for noncitizens to register and vote in federal elections while campaign finance loopholes allow noncitizens to fund U.S. election activities – both of which can affect the outcome of our elections.”

His report also points to examples of non-citizens being removed from voter rolls in several states.

“Earlier this year, in Massachusetts, Boston Election Department officials disclosed to the Public Interest Legal Foundation that the city had removed 70 noncitizens from the city’s election rolls… In May 2024, Ohio Secretary of State Frank LaRose ordered 137 noncitizens removed from Ohio’s voter rolls… As of May 2023, Virginia Department of Elections officials have removed 1,481 registrations from its official voter rolls with a reported reason for removal due to noncitizen status.”

The bill defines “documentary proof of American citizenship” as follows:

  • A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States
  • A valid United States passport
  • The applicant’s official United States military identification card, together with a United States military record of service showing that the applicant’s place of birth was in the United States
  • A valid government-issued photo identification card issued by a Federal, State, or Tribal government showing that the applicant’s place of birth was in the United States
  • A valid government-issued photo identification card issued by a Federal, State, or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following:
    • A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government
    • An extract from a United States hospital record of birth created at the time of the applicant’s birth which indicates that the applicant’s place of birth was in the United States
    • A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States
    • A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State
    • A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act
    • An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’

Former President Trump has voiced his support of the bill taking to Truth Social, writing, “Republicans must pass the SAVE Act, or go home and cry yourself to sleep… Non-citizen Illegal Migrants are getting the right to vote, being pushed by crooked Democrat Politicians who are not being stopped by an equally dishonest Justice Department.”

House Democrats have dismissed the bill, with House Minority Whip, Katherine Clark (D-Mass), urging her fellow Democrats to “vote no” on the measure.

In a recent whip question regarding the bill, Clark stated, “Once again, the ‘party of states’ rights’ would supersede individual state law by amending the National Voter Registration Act (NVRA) to require voters in all states to show ‘documentary proof of citizenship’ (DPOC) in order to register to vote. These changes would prevent Americans from registering to vote with their driver’s license alone, as REAL ID does not indicate citizenship and is in fact available to noncitizens. Under the SAVE Act, for the overwhelming majority of Americans, the only acceptable standalone form of identification for use in voter registration would be a passport (or passport card). A REAL ID drivers’ license, a Tribal ID, or a military ID would be unacceptable unless coupled with additional documentation, such as a birth certificate or an extract from a birth record that proves the applicant was born in the United States. This would be an extreme burden for countless Americans, including military voters, Native voters, people who have changed their names (including tens of millions of American women), the elderly, the young, the poor, and naturalized citizens.”

However, not all Democrats may be on board with Clark. Back in May of 2024, House Republicans introduced H.R. 192 which would block non-citizens from voting in local D.C. elections. In that vote, 52 Democratic House members broke from their party lines and voted with Republicans to pass the bill.

There is a chance some Democrats will join their Republican colleagues in this vote, but the bill is most likely dead on arrival (DOA) in the Democrat-controlled Senate, just like H.R. 192 was in May.

In stark opposition to the bill, the White House released a statement saying, “This bill would do nothing to safeguard our elections, but it would make it much harder for all eligible Americans to register to vote and increase the risk that eligible voters are purged from voter rolls.”

Even if the bill were to pass the Senate, President Biden is expected to veto the measure, making this bill DOA no matter where it goes.

Questions to ask yourself after reading:

Do I think there should be a federal law requiring proof of citizenship to vote?

Do I think non-citizens should be allowed to vote in federal elections? State? Local?

Does my state already require me to show ID when voting?

  • If not, should my state require it?

Does election integrity matter to me?

What do I think are the safest and most open forms of elections?

Do I think there’s a better solution than what’s proposed?

As we approach the 2024 election, it can be easy to get caught up in the potential presidential politics of the future and overlook the current governance that will impact those elections. As election season heats up, make sure to stay informed on all matters. Seek out the facts and form your own opinions. This platform aims to provide clear, unbiased information, empowering you to draw your own conclusions. Stay engaged, stay critical, and stay informed.

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