Fixing a Problem That Doesn’t Exist: The SAVE Act

As of early 2026, the Safeguard American Voter Eligibility Act (SAVE Act, H.R. 22) has passed the House of Representatives but has not become law. The bill, which requires anyone registering to vote in federal elections to provide documentary proof of U.S. citizenship, passed the House on April 10, 2025, with a 220-208 vote but stalled in the Senate. At first glance, this may sound reasonable—after all, only U.S. citizens should vote. But when you look closer, the law is more about creating obstacles than solving a real problem, and it raises serious concerns for voters, states, and communities.

Under the SAVE Act, all federal voter registration applicants must provide one of several forms of proof of citizenship, such as a U.S. passport, a REAL ID-compliant driver’s license, a military ID with proof of U.S. birth, a certified birth certificate or hospital birth record, or a naturalization certificate. If someone doesn’t have these documents, they can try to submit other evidence and an affidavit, but the process is complex, discretionary, and unfamiliar to many people. The law also requires states to actively verify citizenship using federal databases and to remove any registered voters flagged as non-citizens.

Here’s the kicker: voter fraud by non-citizens is extremely rare. Multiple studies and investigations by organizations like the Brennan Center for Justice have found that incidents of non-citizens voting in federal elections are statistically insignificant—so small that they do not affect election outcomes. In other words, the problem this law claims to solve barely exists, yet the solution could create real problems for millions of eligible voters.

Many U.S. citizens don’t have the required documents. Older voters may have lost birth certificates or were born at home without a hospital record. Low-income families may not have passports or REAL IDs due to cost or difficulty accessing government offices. Native American communities often face unique documentation issues, like inconsistent birth records on reservations. These citizens could be denied the right to vote simply because they lack paperwork.

States would also face a huge administrative burden. Clerks and election offices would need new systems, staff training, and additional resources. Errors in federal databases could wrongly flag citizens as non-citizens, leading to incorrect removals from voter rolls. Mail-in registrations would require extra steps, increasing the risk of delays or rejected applications.

The law raises serious privacy and equity concerns as well. It requires states to share voter registration information with federal agencies like the Department of Homeland Security and Social Security Administration. This raises questions about whether sensitive personal data could be misused or leaked, or whether citizens could be unfairly targeted or disenfranchised because of database errors or racial bias in how information is flagged.

Imagine Maria, a lifelong U.S. citizen, who wants to register to vote before a federal election. She was born in a rural hospital in 1970, and her birth certificate is misplaced. She doesn’t have a passport or a REAL ID yet. Under the SAVE Act, Maria could face extra hurdles, confusing paperwork, or even rejection, despite being fully eligible. Meanwhile, the likelihood of a non-citizen fraudulently registering to vote remains extremely low.

Beyond these practical concerns, we have to ask why the government is spending so much time and energy focusing on small groups of people: non-citizens, trans people, Muslims, and others who are already marginalized. For example, bills restricting voter registration often disproportionately target areas with large immigrant populations. Policies that require strict documentation can make it harder for Native American voters to participate. Efforts to surveil or “verify” citizenship often overlap with broader attacks on Muslim communities or trans people, such as attempts to restrict access to identification or public services. These policies raise the question of whose participation is being questioned and why, even when there is no evidence of widespread fraud.

The SAVE Act presents itself as a solution to voter fraud, but in reality, it addresses a problem that barely exists, makes it harder for eligible voters to register, adds administrative complexity and cost, and raises privacy and equity concerns. In a country where voting should be accessible, safe, and fair, laws like this risk turning a rare problem into a widespread barrier. Instead of fixing something that’s not broken, we should focus on making voting easier and more secure for everyone who is legally eligible.