The SAVE Act

What the SAVE Act Would Do

The SAVE Act, short for the Safeguard American Voter Eligibility Act, is a bill that would require everyone registering to vote in federal elections to show documentary proof of U.S. citizenship in person. A passport or birth certificate would qualify; a standard driver’s license would not. It would not change who is allowed to vote, because only citizens already can. It would change what you have to produce to get on the rolls, and about 21 million eligible citizens do not have those documents within reach. A broader version, the SAVE America Act, would also require photo ID to vote.

The bill does not add a citizenship requirement, because that already exists. It adds a documentary-proof requirement, so the burden falls on citizens who cannot prove their status on demand. About 21 million eligible citizens cannot put their hands on a passport or birth certificate quickly, so a rule that looks narrow on paper reaches many people in practice.

The SAVE Act and the SAVE America Act

There are two bills, and the second goes further. The original SAVE Act, H.R. 22, requires documentary proof of citizenship to register and a state program to find noncitizens on existing rolls through the federal SAVE database. The SAVE America Act, H.R. 7296, keeps those rules and adds a photo ID requirement to vote (NBC News). The House passed it as an amendment to an unrelated Senate bill, S. 1383, so its Senate record sits under that number (Congress.gov).

Most of the practical burden described on this page comes from the registration rule, which both bills share. Both bills also check people who are already registered, through the voter-roll program, and the second bill’s photo ID rule applies every time someone votes.

What Would Count as Proof

The list of accepted documents is narrow. The bill names a short set of citizenship documents and excludes the IDs most Americans carry every day.

The requirement is in person, so a mailed, online, or voter-drive registration would not be complete until the applicant shows documents to an election official. The Center for American Progress says voter registration drives would be eliminated, because the document has to be presented in person rather than uploaded or mailed (CAP). The bill also adds a private right of action, letting people sue election officials who register someone without proof. In 2024, about one in ten registered voters had signed up online and another one in ten by mail, as our voter registration page shows.

Citizenship Is Already Required

The bill is sold as a way to stop noncitizen voting, but noncitizen voting in federal elections is already illegal. It is a crime and a deportable offense under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and federal law at 18 U.S.C. 611, which makes voting by a noncitizen in a federal election a criminal offense.

The question the bill raises is not whether citizenship is required, because it is. The question is whether you must show a specific document to prove it. The federal voter registration form already asks every applicant to swear citizenship under penalty of perjury, which carries criminal liability for a false statement.

How Rare Noncitizen Voting Is

Audits that look for noncitizen voting have found few cases, a handful out of millions of registrations or votes.

In a 2016 Brennan Center survey of 42 jurisdictions, election officials who oversaw 23.5 million votes referred about 30 suspected noncitizen votes for investigation, roughly 0.0001%. Georgia’s October 2024 review of 8.2 million registered voters found 20 noncitizens on the rolls, 9 of whom had ever voted (CNN).

The federal government’s own nationwide search found the same thing. In 2025 the Department of Homeland Security opened its SAVE citizenship database to election offices. By June 22, 2026, 25 states had checked 68 million voter records and flagged about 28,000 people as possible noncitizens, about 0.04%, and county officials found U.S. citizens among them (FactCheck.org). Federal agents then worked about 40,000 leads, and the result was 14 convictions or guilty pleas (ProPublica).

~40,000

Leads investigated by Homeland Security Investigations, including about 25,000 flagged by SAVE

Fewer than 150 Referred for prosecution

41

Charged with voting illegally or related election crimes

14

Convicted or pleaded guilty

From 40,000 leads to 14 convictions

Stage	People
Leads investigated by Homeland Security Investigations, including about 25,000 flagged by SAVE	~40,000
Referred for prosecution	Fewer than 150
Charged with voting illegally or related election crimes	41
Convicted or pleaded guilty	14

Values are people, January 2025 through May 2026, nationwide. The 40,000 leads are ProPublica's two counts added together: about 25,000 from SAVE and 15,000 sent to another HSI unit. Source: ProPublica analysis of Justice Department data, August 14, 2026.

Set that against the number of eligible citizens the proof requirement would burden.

About 21.3 million voting-age citizens, 9.1%, lacked ready access to documents proving citizenship, and at least 3.8 million had no such documents at all. The figures come from a national survey conducted in fall 2023 for VoteRiders, the University of Maryland’s Center for Democracy and Civic Engagement, and the Brennan Center, released June 11, 2024. They are citizenship-document figures, not photo-ID figures.

What Happened in Kansas and Arizona

Two states already tried documentary proof of citizenship, and their records show how the requirement works in practice. Kansas canceled or suspended about 31,000 applications; Arizona’s version reached the Supreme Court and lost.

Steven Wayne Fish applied to register while at a Kansas driver’s license office, then received notices that he needed documentary proof of citizenship. He had trouble finding his birth certificate because he was born on a decommissioned Air Force base, and he could not vote in the 2014 general election. A family member later found the certificate. He became the named plaintiff in Fish v. Kobach. On April 29, 2020, the Tenth Circuit upheld the injunction against the law. It noted the district court’s findings: 31,089 applicants were denied registration for lack of the documents, and at most 67 noncitizens had registered or tried to register over 19 years (Tenth Circuit opinion). The Supreme Court denied review on December 14, 2020 (docket 20-109).

Arizona’s law went to the Supreme Court. In Arizona v. Inter Tribal Council of Arizona (2013, 7-2), the Court held that states must “accept and use” the federal voter registration form, which asks registrants to swear citizenship under penalty of perjury, and cannot bolt a documentary-proof requirement onto it. That ruling is the legal wall the SAVE Act is written to get around, by changing the federal law itself. The fight over Arizona’s system is back at the Supreme Court. On June 29, 2026, the Court agreed to hear RNC v. Mi Familia Vota, with argument set for December 8 (Supreme Court docket).

The fight moves back and forth between courts blocking proof requirements and lawmakers writing new ones. Arizona began requiring proof in 2004, and the Supreme Court limited that system in 2013, the same year Kansas started its own law. Courts struck the Kansas law in 2020. In 2025 the House passed the SAVE Act and a court blocked the president’s version, and in 2026 the House passed the SAVE America Act, which stalled in the Senate.

1. 2004 Arizona starts requiring proof Prop 200 makes Arizona require documentary proof of citizenship to register.
2. 2013 Supreme Court blocks the add-on Arizona v. Inter Tribal Council, 7-2, says states must accept the federal form and cannot add a proof requirement.
3. 2013 Kansas starts its proof law Kansas begins requiring documentary proof of citizenship; about 31,089 registrations are blocked.
4. 2020 Court strikes the Kansas law The Tenth Circuit strikes the Kansas proof law in Fish v. Kobach; the Supreme Court later declines review.
5. 2025 House passes the SAVE Act The House passes the SAVE Act 220-208, and Trump's election executive order seeks proof on the federal form.
6. 2025 Court blocks the executive order A federal court permanently blocks the proof-of-citizenship part of the executive order.
7. Feb 2026 House passes the SAVE America Act The broader bill, adding photo ID to vote, passes 218-213; the Senate debates it in March without a final vote.
8. Jun 2026 Senate rejects the SAVE America Act An amendment to attach it to a reconciliation bill fails 48-50.

Sources: Cornell LII; Tenth Circuit; Supreme Court docket 20-109; Congress.gov; Democracy Docket; NBC News.

From Prop 200 to the 2026 Senate vote: 2004: Arizona starts requiring proof (Prop 200 makes Arizona require documentary proof of citizenship to register.). 2013: Supreme Court blocks the add-on (Arizona v. Inter Tribal Council, 7-2, says states must accept the federal form and cannot add a proof requirement.). 2013: Kansas starts its proof law (Kansas begins requiring documentary proof of citizenship; about 31,089 registrations are blocked.). 2020: Court strikes the Kansas law (The Tenth Circuit strikes the Kansas proof law in Fish v. Kobach; the Supreme Court later declines review.). 2025: House passes the SAVE Act (The House passes the SAVE Act 220-208, and Trump's election executive order seeks proof on the federal form.). 2025: Court blocks the executive order (A federal court permanently blocks the proof-of-citizenship part of the executive order.). Feb 2026: House passes the SAVE America Act (The broader bill, adding photo ID to vote, passes 218-213; the Senate debates it in March without a final vote.). Jun 2026: Senate rejects the SAVE America Act (An amendment to attach it to a reconciliation bill fails 48-50.).

2004: Arizona’s Prop 200 made the state require documentary proof of citizenship to register to vote, the first major state experiment with the requirement.

2013: The Supreme Court ruled 7-2 in Arizona v. Inter Tribal Council that states must accept the federal voter registration form and cannot add a documentary-proof requirement on top of it.

2013: Kansas began enforcing its own documentary proof-of-citizenship law, which over the following years blocked about 31,089 registrations.

2020: On April 29, the Tenth Circuit upheld the injunction against the Kansas law in Fish v. Kobach, and on December 14 the Supreme Court declined to take the case, leaving the ruling in place.

2025: The House passed the SAVE Act 220-208, and President Trump’s election executive order directed officials to add a proof-of-citizenship requirement to the federal registration form.

2025: On October 31, a federal court in Washington, D.C., permanently blocked the proof-of-citizenship provision of the executive order.

February 2026: The House passed the SAVE America Act 218-213, adding a photo ID requirement to vote. Rep. Henry Cuellar was the only Democrat voting yes. The Senate debated it from March 17 to 26 without a final vote.

June 2026: On June 4, the Senate voted 48-50 against Sen. Lindsey Graham’s amendment to attach the SAVE America Act to a roughly $70 billion immigration-enforcement reconciliation bill.

Where the SAVE Act Stands

As of October 3, 2026, neither bill is law. The House passed H.R. 22 on April 10, 2025, by 220-208, with four Democrats voting yes (Golden, Gluesenkamp Perez, Cuellar, Case), and passed the broader SAVE America Act on February 11, 2026 (Clerk of the House, Roll Call 102).

In the Senate it stalled twice. The Senate voted 51-48 on March 17, 2026, to take up the House-passed bill and debated it through March 26 without a final vote (Congress.gov). On June 4, 2026, an amendment to attach the SAVE America Act to an immigration-enforcement reconciliation bill fell 48-50, with four Republicans (Murkowski, McConnell, Collins, Tillis) joining Democrats against it (Democracy Docket). The next day, a similar amendment from Sen. Mike Lee failed 50-49, short of the 60 votes needed to waive the budget rule (U.S. Senate roll call). Majority Leader John Thune has said his caucus is “not even close” to the votes to end the filibuster, and House Republicans have looked at moving pieces of the bill through a new reconciliation package (NBC News).

Meanwhile the fight moved to executive action and the states. Trump’s Executive Order 14248, signed March 25, 2025, directed the Election Assistance Commission to require proof of citizenship on the federal registration form. On October 31, 2025, a federal court in Washington, D.C., permanently blocked that provision (Democracy Docket). On June 24, 2026, a federal court in Massachusetts permanently blocked other parts of the order, finding it exceeded the president’s authority (Democracy Docket).

The administration’s other route, the SAVE database itself, is also tied up in court. On June 22, 2026, a federal judge vacated the 2025 overhaul that let election offices run voter rolls through SAVE using Social Security data. She found it violated the Privacy Act, the Social Security Act and the Administrative Procedure Act (NPR). The D.C. Circuit refused to pause that ruling, the League of Women Voters, a plaintiff, announced on September 5, 2026.

The states are split, and the map shows where you stand. Six states require documentary proof of citizenship to register now, and two more have enacted it but not yet put it in force. Courts have blocked four. The other 38 states and D.C. let eligible citizens register by signing an attestation under penalty of perjury.

Documentary Proof of Citizenship to Register, by State

• Proof required to register now
• Enacted, not yet in effect
• Enacted, then blocked by a court
• Attestation only (no document required)

Sources: Ballotpedia; Brennan Center (updated June 3, 2026). Status re-verified September 28, 2026.

Documentary Proof of Citizenship to Register, by State

State	Status	Detail
Alabama	Enacted, then blocked by a court	Enacted; documentary requirement blocked by a federal court (2026).
Alaska	Attestation only (no document required)	Attestation under penalty of perjury. Citizenship ballot measure pending for 2026.
Arizona	Proof required to register now	Bifurcated 'federal-only' system; parts blocked by the 9th Circuit in 2025.
Arkansas	Attestation only (no document required)	Attestation under penalty of perjury. A citizenship amendment is on the 2026 ballot, not yet approved.
California	Attestation only (no document required)	Attestation under penalty of perjury.
Colorado	Attestation only (no document required)	Attestation under penalty of perjury.
Connecticut	Attestation only (no document required)	Attestation under penalty of perjury.
Delaware	Attestation only (no document required)	Attestation under penalty of perjury.
District of Columbia	Attestation only (no document required)	Attestation under penalty of perjury.
Florida	Enacted, not yet in effect	Enacted; takes effect January 1, 2027.
Georgia	Enacted, then blocked by a court	Enacted; documentary requirement blocked by a federal court (2026).
Hawaii	Attestation only (no document required)	Attestation under penalty of perjury.
Idaho	Attestation only (no document required)	Attestation under penalty of perjury.
Illinois	Attestation only (no document required)	Attestation under penalty of perjury.
Indiana	Attestation only (no document required)	Attestation under penalty of perjury.
Iowa	Attestation only (no document required)	Attestation under penalty of perjury.
Kansas	Enacted, then blocked by a court	Proof law struck down (Fish v. Kobach); attestation restored.
Kentucky	Attestation only (no document required)	Attestation under penalty of perjury.
Louisiana	Enacted, not yet in effect	Enacted; not yet implemented.
Maine	Attestation only (no document required)	Attestation under penalty of perjury.
Maryland	Attestation only (no document required)	Attestation under penalty of perjury.
Massachusetts	Attestation only (no document required)	Attestation under penalty of perjury.
Michigan	Attestation only (no document required)	Attestation under penalty of perjury. Citizenship ballot measure pending for 2026.
Minnesota	Attestation only (no document required)	Attestation under penalty of perjury.
Mississippi	Proof required to register now	Proof required if citizenship cannot be confirmed by other records.
Missouri	Attestation only (no document required)	Attestation under penalty of perjury.
Montana	Attestation only (no document required)	Attestation under penalty of perjury.
Nebraska	Attestation only (no document required)	Attestation under penalty of perjury.
Nevada	Attestation only (no document required)	Attestation under penalty of perjury.
New Hampshire	Enacted, then blocked by a court	The 2025 law requires documents, but a federal judge ruled on May 28, 2026 that a signed citizenship affidavit must be accepted instead.
New Jersey	Attestation only (no document required)	Attestation under penalty of perjury.
New Mexico	Attestation only (no document required)	Attestation under penalty of perjury.
New York	Attestation only (no document required)	Attestation under penalty of perjury.
North Carolina	Attestation only (no document required)	Attestation under penalty of perjury.
North Dakota	Attestation only (no document required)	No voter registration; ID shown at the polls.
Ohio	Proof required to register now	Proof required for registrations at the BMV.
Oklahoma	Attestation only (no document required)	Attestation under penalty of perjury.
Oregon	Attestation only (no document required)	Attestation under penalty of perjury.
Pennsylvania	Attestation only (no document required)	Attestation under penalty of perjury.
Rhode Island	Attestation only (no document required)	Attestation under penalty of perjury.
South Carolina	Attestation only (no document required)	Attestation under penalty of perjury.
South Dakota	Proof required to register now	SB 175 (2026); no proof means a federal-only ballot.
Tennessee	Attestation only (no document required)	Attestation under penalty of perjury.
Texas	Attestation only (no document required)	Attestation under penalty of perjury.
Utah	Proof required to register now	HB 209 (2026), effective May 2026, for state elections.
Vermont	Attestation only (no document required)	Attestation under penalty of perjury.
Virginia	Attestation only (no document required)	Attestation under penalty of perjury.
Washington	Attestation only (no document required)	Attestation under penalty of perjury.
West Virginia	Attestation only (no document required)	Attestation under penalty of perjury.
Wisconsin	Attestation only (no document required)	Attestation under penalty of perjury.
Wyoming	Proof required to register now	Documentary proof required to register (2025 law).

The federal bill stalled, but the state-level versions keep coming, which is why the issue stays live. For the people the requirement would reach, see our brief.

The Burden Falls on Eligible Citizens

The SAVE Act would not change who can vote. It would change what an eligible citizen must produce to register, and about 21 million cannot produce it quickly. Opponents, including the Brennan Center, say the rule would fall hardest on married women whose names changed, on rural, elderly, and low-income citizens, and on anyone whose documents do not match or are hard to retrieve.

Courts struck the Kansas law and blocked the executive order’s proof requirement, and the Senate has not passed either bill. A false citizenship claim on a registration form is already a crime under federal law. State-by-state versions keep coming, so the question is settled in no single place.

The Honest Disagreement

The case for the SAVE Act comes from its sponsor, Rep. Chip Roy, the Heritage Foundation, and the Trump administration. They argue that only citizens should vote, that public confidence in elections matters, and that signing an attestation is weaker than showing a document. Supporters say obtaining proof is a reasonable, achievable step and reject the claim that it singles out specific groups.

The case against comes from the Brennan Center, the League of Women Voters, the ACLU, and VoteRiders. They argue the requirement would block millions of eligible citizens to stop a problem that is already illegal and rare. They say it hits married women with name changes and rural, elderly, and low-income citizens hardest, and that it would end mail, online, and drive registration in practice. The 19th Amendment explainer covers the married-name question and how the 69 million estimate was built.

The honest distinctions are worth keeping straight. Requiring citizenship, which is already the law, is not the same as requiring documentary proof at registration. Attestation under penalty of perjury is not the same as showing a document. The handful of documented noncitizen votes is not the same scale as the millions of eligible citizens burdened. Being a citizen is not the same as being able to prove it on demand. And federal elections are not the same as state elections, which set their own rules.

Frequently Asked Questions

Is the SAVE Act law?

No. The House passed the SAVE Act on April 10, 2025, and the broader SAVE America Act on February 11, 2026. The Senate debated the SAVE America Act in March 2026 without a final vote, and on June 4, 2026 it voted 48-50 against attaching the bill to a reconciliation bill. Neither is law as of October 3, 2026, though some states have passed their own proof-of-citizenship laws.

Can noncitizens legally vote in federal elections now?

No. Voting by a noncitizen in a federal election is already a federal crime, and audits have found few cases. The federal form already requires applicants to swear citizenship under penalty of perjury.

Would a regular driver’s license or REAL ID work for the SAVE Act?

Usually not. Most driver’s licenses and most REAL IDs do not show citizenship, so under the bill you would generally need a passport, a birth certificate, or a naturalization certificate.

Does the SAVE Act affect people who are already registered?

It applies to registering and to updating a registration. The practical concern is the burden when records change, such as after a move or a name change, when a citizen may have to produce documents again.

What you can do

1. Tell your senators to vote no on the SAVE America Act and keep it out of any funding or reconciliation bill. It failed 48-50 as an amendment in June, and House Republicans have proposed moving parts of it through a reconciliation bill. Use the letter and call script below.

2. Ask your state legislators to reject state-level proof-of-citizenship laws. Ask them to keep attestation under penalty of perjury rather than adding a document requirement.

3. Make sure your own registration is current and your documents match. If your name changed, check that your records line up before a deadline. If you hit a problem, call 866-OUR-VOTE (866-687-8683).

4. Learn the related law so you cannot be misled. Read the Voting Rights Act explainer and the gerrymandering explainer.