There is More Than One Way to SAVE America

If Congress cannot quickly pass the SAVE America Act, policymakers should focus on what can be done now to advance its core provisions.

As debate over election integrity continues in Washington, President Donald Trump has kept the SAVE America Act at the forefront, urging action for its passage in the Senate. At the same time, Democratic lawmakers have largely opposed measures requiring documentary proof of citizenship for voter registration and have raised concerns about the bill’s impact, with some critics labeling such proposals “Jim Crow 2.0.”

This divide makes one thing clear: if Congress cannot move quickly, policymakers should focus on what can be done now to advance its core provisions.

Senate Republicans should use every tool at their disposal to advance the SAVE America Act, including the talking filibuster, to force a broader debate on election integrity. At the same time, given the realities of Senate procedure and the need to build consensus, lawmakers should also pursue other avenues to move key provisions forward.

Election Assistance Commission

First, the Election Assistance Commission (EAC) already has the statutory authority to change the voter registration form without congressional approval. The United States Supreme Court said this when it addressed Arizona’s proof of citizenship law in 2013. The problem is that the EAC is composed of two Republicans and two Democrats, and three members must vote for any change to the federal form. However, all four members are currently serving on expired terms, and the most recent term expiration was seven years ago.

The Help America Vote Act of 2002 (HAVA), which established the EAC, provides that commissioners are appointed by the president with Senate confirmation. The law also directs congressional leadership to submit candidate recommendations for those positions. The president should solicit those recommendations, but there is nothing in the law that requires him to appoint those specific individuals.

President Trump should appoint four new members of the EAC, two Republicans and two Democrats, who will vote to require documentary proof of citizenship for the federal voter registration form. Senate Republicans should promptly confirm those appointments and allow the EAC to immediately begin its work. Once implemented, these requirements would be difficult for a future administration to reverse.

Changes via Reconciliation

But beyond the administrative change, Senate Republicans should look at what can be done in reconciliation. In 2018, it was widely accepted that immigration enforcement and building a border wall could not be accomplished through reconciliation. It was also widely accepted that reconciliation bills could only address single issues, such as taxes, health care, or welfare reform.

Yet when Democrats took control, they used reconciliation to pass the Inflation Reduction Act, combining multiple policy areas, including energy, taxes, health care, and the environment, into a single bill. This tactic was then used by President Trump and Senate Republicans nine months ago to pass the One Big Beautiful Bill.

In 1996, Congress passed a law, now codified as 18 U.S.C. § 611, signed by President Bill Clinton stating, in part, “It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for [federal office].” Senate Republicans should use reconciliation to create and fund enforcement of this law. Senate Republicans could dramatically increase federal funding for elections and tie that funding to data sharing agreements through the SAVE database that checks for noncitizens. Reconciliation could be used to fund REAL ID for all American citizens so that every American would have access to the franchise.

Reconciliation could also be used to place the burden of proof of citizenship on the state and local governments — rather than the voters. Suppose that the EAC amends the federal form to require documentary proof of citizenship, county and state of birth, and maiden name. States could then use that information to verify citizenship. Senate Republicans could fund a data sharing program through the EAC that would pay for the documents needed for verification, such as birth certificates, naturalization paperwork, or certificates of citizenship. Reconciliation could be used to fund the creation of a list of citizens, housed within the Department of Homeland Security, that states could use to verify citizenship. Senate Republicans should use reconciliation to make the SAVE database free of charge to states for the next ten years.

Protecting our sovereignty is more than just funding ICE and border security. We must protect our voter rolls and provide tools and resources for states to keep non-citizens from registering to vote. While it is disappointing that no Senate Democrat will commit to support the SAVE America Act, the White House and Senate still have tools available to advance these changes.

There is more than one way to SAVE America, and we should be using every tool at our disposal to do so.