The Republican-led House of Representatives voted Feb. 11, 2026 to approve the Safeguard American Voter Eligibility Act – or SAVE America Act.
The bill would require individuals to provide proof of citizenship when they register to vote and present photo identification when they do vote in federal elections.
This marks the third year in a row that the House has passed similar legislation. Passage in the Senate, which would require Democratic votes, continues to appear unlikely. But Republicans from President Donald Trump on down are clearly interested in finding ways to enhance election security – although critics contend the SAVE America Act would unfairly disenfranchise millions of citizens.
The SAVE America Act would require anyone registering to vote in federal elections to first “provide documentary proof of U.S. citizenship” in person, such as a passport or birth certificate. The new version goes further than its predecessor by requiring many individuals voting in federal elections to present photo identification at the polls indicating proof of U.S. citizenship.
Voting rights experts and advocacy organizations have detailed how the legislation could suppress voting. In part, they say it would particularly create barriers in low-income and minority communities. People in such communities often lack the forms of ID acceptable under the SAVE America Act for a variety of reasons, including socioeconomic factors.
As of now, at least 9% of voting-age American citizens – approximately 21 million people – do not even have driver’s licenses, let alone proof of citizenship. In spite of this, many legislators support the bill as a means of eliminating noncitizen voting in elections.
As a legal scholar who studies, among other things, foreign interference in elections, I find considerations about the potential effects of the SAVE America Act important, especially given how rare it is that a noncitizen actually votes in federal elections.
Yet, it is equally crucial to consider a more fundamental question: Is the SAVE America Act even constitutional?
The SAVE America Act would forbid state election officials from registering an individual to vote in federal elections unless this person “provides documentary proof of United States citizenship.” Furthermore, it would forbid individuals from voting unless they bring such proof to the polls each time they vote, unless their state agrees to submit voter registration lists to the U.S. Department of Homeland Security on a quarterly basis.
Acceptable forms of proof for voter registration would include a REAL ID that demonstrates U.S. citizenship – most of which do not – as well as a U.S. passport or a U.S. military identification card.
So – should the SAVE America Act become law – if a person turns 18 or moves between states and wishes to register to vote in federal elections in their new home, they would likely be turned away if they do not have any such documents readily available. At best, they could still fill out a registration form, but they would need to mail in acceptable proof of citizenship.
For married people with changed last names, among others, questions remain about whether birth certificates could even count as acceptable proof of citizenship for them.
Despite the national conversation the SAVE America Act has sparked, it is unclear whether Congress even has the power to enact it. This is the key constitutional question.
The U.S. Constitution imposes no citizenship requirement when it comes to voting. The original text of the Constitution, in fact, said very little about the right to vote. It was not until legislators passed subsequent amendments, starting after the Civil War up through the 1970s, that the Constitution even explicitly prohibited voting laws that discriminate on account of race, sex or age.
