SAVE America Act Faces Senate Hurdles as States Consider Voter Reforms

By Jason Snead and Hans von Spakovsky

*Published: Apr 16, 2026*

The SAVE America Act, which would require proof of citizenship for voter registration in federal elections, is facing delays in the Senate amid ongoing congressional debates. Supporters, including the bill's proponents, argue that such measures enjoy broad public support across political lines. Polls cited by advocates indicate that more than 80% of Americans favor requiring proof of citizenship to vote, though the exact sourcing of this figure has been questioned.

Even if the legislation advances or fails, state lawmakers are encouraged to implement similar requirements for all elections. Instances of noncitizens appearing on voter rolls have been documented in several jurisdictions. For example, Fairfax County, Virginia, a suburb of Washington, D.C., removed 985 individuals identified as noncitizens from its voter rolls between January 2022 and July 2024. Officials in states including Ohio, Texas, and Virginia have reported identifying additional noncitizens on rolls, with some cases involving individuals who cast ballots.

However, research indicates that confirmed instances of noncitizen voting remain rare. The Heritage Foundation's database, which tracks election fraud cases, lists 99 suspected noncitizen voting incidents nationwide from 2000 to 2024. A 2024 audit in Louisiana identified 79 potential cases among approximately 2.9 million registered voters. Voter roll maintenance efforts, including purges, have occasionally led to errors, with eligible U.S. citizens mistakenly flagged or removed, according to reports from election officials and advocacy groups.

A key issue highlighted by reform advocates is the National Voter Registration Act (NVRA) of 1993 and its associated National Mail Voter Registration Form. A 2013 Supreme Court decision in *Arizona v. Inter Tribal Council of Arizona* interpreted the NVRA to require states to accept and use the federal form without additional proof-of-citizenship requirements. Under this form, applicants affirm citizenship by checking a box, and states cannot mandate documentary proof at registration. Verification occurs afterward using various databases.

States have requested changes to the form from the U.S. Election Assistance Commission (EAC) to align with their proof-of-citizenship laws. During the Trump administration, an executive order directed federal agencies to enhance election integrity, but EAC commissioners did not modify the form at that time. The SAVE America Act seeks to address this by mandating upfront proof of citizenship for federal voter registration.

In the absence of federal changes, states are pursuing alternative measures. One approach is requiring documentary proof of citizenship for registration, such as a birth certificate, passport, naturalization certificate, or REAL ID-compliant documents. If an applicant has provided such proof to the Department of Motor Vehicles (DMV), a driver's license number could suffice for verification.

The federal form continues to pose challenges until modified or until a potential Supreme Court reversal. To mitigate risks, some states propose limiting voters registered via the federal form without verified citizenship to federal congressional elections only, reserving full ballots—including state and presidential races—for verified citizens. Arizona implemented this "federal-only" voter category in 2021; lawsuits followed, but the U.S. Supreme Court in 2023 upheld the provision in *Arizona Free Enterprise Club v. Bennett*. Utah adopted a comparable system in 2025.

Additional verification tools include cross-checking voter rolls against state and federal databases. The Department of Homeland Security's SAVE (Systematic Alien Verification for Entitlements) program, expanded under the Trump administration, allows free checks for potential noncitizens and is available to election officials. Proposals call for mandating its use.

States could also direct DMVs to collect and share citizenship data with election offices. Jury records, where noncitizens are disqualified from service, could flag potential issues for investigation. Noncitizen photo IDs issued by states might be designed with distinct markings, and agencies could be prohibited from registering noncitizens.

Opponents argue that proof-of-citizenship requirements could disenfranchise eligible voters, particularly those without easy access to documents. Similar concerns have been raised against other election security measures, such as voter ID laws. However, compliance rates remain high in analogous contexts. In 2005, the Senate unanimously passed the REAL ID Act, requiring proof of citizenship or legal residency for compliant identification used at airports and federal facilities. Federal laws also mandate such proof for employment eligibility and many welfare benefits, without widespread reports of mass exclusion.

Public opinion surveys, including those referenced by reform advocates, show strong support for these requirements. Data from the DMV and other agencies indicate that most Americans already possess the necessary documents.

With the 2026 midterms approaching, Republican-led state legislatures are urged to enact these reforms, potentially through special sessions. Several states have strengthened voter registration rules in recent years, though the extent varies. For instance, Georgia and Florida have expanded verification processes, while others lag.

The debate reflects broader tensions over election administration. Noncitizen voting, while infrequent, raises questions about safeguards. At the same time, erroneous purges—such as those in Georgia in 2018, where over 500,000 voters were challenged, including many eligible citizens—underscore the need for accurate maintenance to avoid disenfranchising lawful voters.

The SAVE America Act's fate remains uncertain, but state-level actions could influence upcoming elections regardless. Jason Snead is Executive Director of the Honest Elections Project Action, a group focused on election integrity. Hans von Spakovsky is a Senior Legal Fellow at Advancing American Freedom, an organization advocating conservative policy priorities.

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