A bill recently reintroduced in Congress would require voters nationwide to submit proof of citizenship before participating in federal elections, mirroring a state law that asks Arizonans to provide such documentation before casting ballots in state and local races.
The Safeguard American Voter Eligibility, SAVE, Act was introduced on Jan. 3 by Rep. Chip Roy, R-Texas. It aims to amend the National Voter Registration Act of 1993, which requires voters across the country to attest to their citizenship under the penalty of perjury. Three House Republicans from Arizona — Reps. Eli Crane, Paul Gosar and Andy Biggs — are among the bill's cosponsors.
It comes as President Donald Trump and other top Republicans prioritize stricter immigration laws and enforcement. The specter of noncitizen voting has long been raised by election conspiracists in swing states such as Arizona, even though numerous studies show that it is extremely rare. Noncitizens who attempt to vote risk fines, prison time, deportation and impeding their naturalization process.
Here's what to know about SAVE Act and how it could impact elections.
Act would require citizenship proof to vote in federal elections
The SAVE Act would require voters to submit documents proving their citizenship to register to vote in federal elections. That includes presidential elections and congressional races.
Documents sufficient to meet the requirement would include:
- Identification compliant with REAL ID standards, including REAL ID driver's licenses.
- A valid U.S. passport.
- A valid U.S. military ID and record reflecting the servicemember was born in the country.
- A form of state, federal or tribal identification reflecting that the holder was born in the country.
- A combination of documents proving citizenship, such as a state ID card and a naturalization certificate.
The legislation would require that such proof of citizenship be presented by the voter "in person."
Voting rights experts say proposed bill creates 'unnecessary barriers'
Numerous voting rights groups have expressed fears that the SAVE Act could disenfranchise millions of Americans.
The nonpartisan Campaign Legal Center said in a written statement published last week that the legislation would impose "unnecessary barriers to the registration process, requiring voters to provide documentation that many don’t have."
A recent study suggested up to 21 million voting-age citizens may not have a driver's license, which is one of the ways voters could prove citizenship under the provisions of the SAVE Act. A slim majority of Americans have valid passports.
The Campaign Legal Center said the barriers imposed by the SAVE Act would especially affect people of color, married people who have changed their names, and young and elderly people. Those groups are less likely to have immediate access to up-to-date citizenship documents.
Another organization, the Center for American Progress Action Fund, added that the extra documentation would only hinder the democratic processes.
"Because documentation would need to be presented in person, the legislation would, in practice, prevent Americans from being able to register to vote by mail; end voter registration drives nationwide; and eliminate online voter registration overnight — a service42 statesrely on," the group said.
How could the measure impact Arizonans if passed?
The changes wouldn't impact most Arizona voters. State law already requires voters to prove citizenship in order to vote in state and local races.
But some Arizonans haven't provided that proof, creating a unique, two-track system. Federal courts repeatedly have ruled that state lawmakers can block voters who have not shown citizenship documents from participating in state and local races, but must allow so-called "federal-only" voters to cast ballots in federal contests.
The SAVE Act could impact those voters. Under its provisions, they would not be able to vote in federal elections as they do now without proving citizenship. A Votebeat analysis found that federal-only voters are disproportionately young people on college campuseswho are without access to their citizenship documents.
Nationwide, registration forms generally require voters to attest that they are American citizens. They do so under the penalty of perjury, meaning they can be held criminally liable if they are found to have provided false information.
Most states do not have additional proof of citizenship requirements like Arizona's. That means voters in other states would be harder hit if the legislation becomes law.
How does Arizona weed out any noncitizen voters?
Federal-only voters don't provide proof of citizenship with their registration forms, but they still go through other checks.
State law mandates that county recorders "use all available resources to verify the citizenship status" of those registering to vote.
That includes checking the citizenship status of federal-only voters against an immigration status verification service provided by the Department of Homeland Security when practicable.
That system requires specific identification numbers that county officials don't have for every federal-only voter.
Voter rolls are also routinely checked with information from the U.S. Social Security Administration, the U.S. Postal Service, the Arizona Department of Health Services, the Arizona Department of Transportation and the Maricopa County Jury Commissioner’s Office.
If another government agency tells election officials that a person registered to vote is a noncitizen, the person is removed from the voter list.
Reach the reporter Rey Covarrubias Jr. at rcovarrubias@gannett.com. Follow him on X, Threads and Bluesky @ReyCJrAZ.
Sasha Hupka covers county government and election administration for The Arizona Republic. Reach her at sasha.hupka@arizonarepublic.com. Follow her on X:@SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps. Follow her on Bluesky:@sashahupka.bsky.social.
