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SAVE Act › Section 2

Ensuring Only Citizens Are Registered to Vote in Elections for Federal Office

Section 2 · Sec. 2 ·

What this chapter is about

This is the main part. It says you must show papers proving you are a citizen before a state can sign you up to vote in a federal election. It lists which papers count. It also sets up a way to deal with people who cannot show them.

10 proposals indexed from this chapter.

Proof of citizenship required to register

The document says “shall not”Who acts: StatesHow: statuteSec. 2 in the PDF
What the document says

“Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.”

Safeguard American Voter Eligibility Act, Sec. 2

Inserted as a new subsection (b) of section 4 of the National Voter Registration Act of 1993. It applies to every method of registration a state offers, not only to the federal mail form.

What the document actually says

“Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

You must show papers that prove you are a citizen. You show them when you hand in your form. If you do not, the state cannot take it.

What this is about

Today you fill in a form and swear you are a citizen. Lying on that form is already a crime. This bill would add a step. You would also have to show a paper that proves it. This applies however you sign up. It covers signing up by mail, in person, or at the motor vehicle office.

What has happened
Partly matches

Preserving and Protecting the Integrity of American Elections

2025-03-25 · 90 FR 14005

The Act would require documentary proof under any method of voter registration a state offers. The order reaches the national mail voter registration form, which is one method, and it directs an agency to change that form rather than changing the law. The requirement is the same in kind and narrower in reach.

A state may not register anyone without proof

The document says “may not”Who acts: StatesHow: statuteSec. 2 in the PDF
What the document says

“Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship.”

Safeguard American Voter Eligibility Act, Sec. 2

Inserted as a new subsection (j) of section 8 of the National Voter Registration Act of 1993. It restates the requirement as a bar on the state and overrides the rest of that Act, where the entry above bars the state from accepting the application.

What the document actually says

“Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship.”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

A state cannot sign you up to vote. Not unless you show proof that you are a citizen. You must show it when you ask to join.

What this is about

The bill says the same thing twice, in two places, in two ways. One place says a state cannot take the form. This one says a state cannot sign the person up. It also says this rule beats the other rules in the older law.

What has happened
Same subject, different route

Ensuring Citizenship Verification and Integrity in Federal Elections

2026-03-31 · 91 FR 17125

Both address whether only citizens are registered, and they choose opposite mechanisms. The Act would place the burden on the applicant to produce a document at the point of registration. The order places it on federal agencies to match existing records and supply states with citizenship lists, and states expressly that appearing on such a list does not register anyone.

What counts as documentary proof of citizenship

The document says “means”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“the term `documentary proof of United States citizenship' means, with respect to an applicant for voter registration, any of the following:”

Safeguard American Voter Eligibility Act, Sec. 2

The list that follows names a REAL ID compliant identification showing citizenship, a valid United States passport, a military identification card with a service record showing birth in the United States, a government photo identification showing birth in the United States, and a government photo identification presented together with a qualifying birth certificate or other listed document.

What the document actually says

“the term `documentary proof of United States citizenship' means, with respect to an applicant for voter registration, any of the following:”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

Here is what proof of being a citizen means. It means any of the papers on this list.

What this is about

The bill lists the papers that count. A passport counts. A REAL ID counts if it shows you are a citizen. A military ID counts with a service record. A photo ID counts if it shows you were born here. A photo ID plus a birth certificate also counts. A plain driver licence on its own does not count.

What has happened
Closely matches

Preserving and Protecting the Integrity of American Elections

2025-03-25 · 90 FR 14005

The order's list of qualifying documents in section 2(a)(ii) covers a United States passport, a REAL ID compliant identification indicating citizenship, and an official military identification card, which are the first items in the Act's list. The lists are not identical and the site has not compared them item by item.

A process for applicants who cannot provide proof

The document says “shall”Who acts: StatesHow: statuteSec. 2 in the PDF
What the document says

“each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States”

Safeguard American Voter Eligibility Act, Sec. 2

The state official then determines whether citizenship has been sufficiently established, and a positive determination must be accompanied by a signed affidavit on a uniform form developed by the Election Assistance Commission. The Act does not state what other evidence is sufficient.

What the document actually says

“each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

Each state must set up a way for someone who cannot show the papers. They sign a sworn statement, then hand in other proof for an official to judge.

What this is about

Some citizens cannot get the papers on the list. The bill says each state must make a back-up path for them. You swear under oath that you are a citizen. Then you bring whatever other proof you have. An official decides if it is enough. The bill does not say what is enough.

What is disputed
What this means is contested

Supporters point to this subsection as the answer to the objection that eligible citizens without the listed documents would be shut out, since the Act requires every state to provide a route. Opponents read the same words as leaving the standard undefined and the decision to an individual official, so that what satisfies one state or one clerk may not satisfy another. The text sets no standard for sufficient other evidence and the site does not resolve which reading is right.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

A process where the documents do not match

The document says “shall”Who acts: StatesHow: statuteSec. 2 in the PDF
What the document says

“each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant's documentary proof of United States citizenship.”

Safeguard American Voter Eligibility Act, Sec. 2

The subsection is general and does not name any particular kind of discrepancy. Public argument about this Act has centered on applicants whose current legal name differs from the name on their birth certificate, most often after marriage. The Act does not use the words marriage, maiden or name change anywhere in its text.

What the document actually says

“each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant's documentary proof of United States citizenship.”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

Your papers may not match. Each state must set up a way to fix that. You bring in more papers.

What this is about

Many people do not go by the name on their birth certificate. People often change their name when they marry. The bill does not talk about that directly. It does say states must have a way to sort out papers that do not match. It does not say how that should work.

What is disputed
What this means is contested

It is often said that the Act makes no provision for an applicant whose birth certificate carries a different name from the identification presented. This subsection is a general provision for discrepancies and is the text supporters cite in answer. Opponents read it as delegating the problem to each state without a standard, and note that the Act never names the situation. Both readings are of the same words, and the site records them without resolving them.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

Removing noncitizens from the rolls

The document says “shall”Who acts: StatesHow: statuteSec. 2 in the PDF
What the document says

“A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen.”

Safeguard American Voter Eligibility Act, Sec. 2

Inserted as a new subsection (k) of section 8 of the National Voter Registration Act of 1993. The removal duty applies at any time, which places it outside the ninety day quiet period that Act otherwise imposes on systematic removals before a federal election.

What the document actually says

“A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen.”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

A state must take a name off the voter list. It must do so if it gets proof the person is not a citizen. It can do so at any time.

What this is about

The older law limits when a state can take names off the voter list. It does not want names removed just before an election. This bill says a state must remove someone at any time if it gets proof they are not a citizen.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

Agencies must ask about citizenship and require proof

The document says “shall”Who acts: voter registration agenciesHow: statuteSec. 2 in the PDF
What the document says

“ask the applicant the question, `Are you a citizen of the United States?' and if the applicant answers in the affirmative require documentary proof of United States citizenship”

Safeguard American Voter Eligibility Act, Sec. 2

Applies to the agencies that offer voter registration under section 7 of the National Voter Registration Act of 1993, such as public assistance offices. The proof is required before the registration form is provided.

What the document actually says

“ask the applicant the question, `Are you a citizen of the United States?' and if the applicant answers in the affirmative require documentary proof of United States citizenship”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

Ask the person: are you a citizen of the United States? If they say yes, ask them to show papers that prove it.

What this is about

Some government offices offer to sign you up to vote. This bill tells them to ask if you are a citizen. If you say yes, they must ask for proof. They ask before they hand you the form.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

States must tell residents about the requirement

The document says “shall”Who acts: chief State election officialsHow: statuteSec. 2 in the PDF
What the document says

“The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.”

Safeguard American Voter Eligibility Act, Sec. 2

A public information duty on the state's chief election official. The Act does not specify the steps, a budget, or a deadline.

What the document actually says

“The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

One person runs elections in each state. They have a job to do. They must make sure people know the new rule.

What this is about

A new rule only works if people hear about it. The bill puts that job on the state's top election official. It does not say what they must do. It does not give them money or a date.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

Private suits against officials who register without proof

The document says “shall”Who acts: private personsHow: statuteSec. 2 in the PDF
What the document says

“a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship,”

Safeguard American Voter Eligibility Act, Sec. 2

Amends section 11(b)(1) of the National Voter Registration Act of 1993, which allows a person aggrieved by a violation to bring a civil action. The amendment names registering an applicant without proof as such a violation.

What the document actually says

“a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship,”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

There is a new way to break this law. A worker signs you up to vote. But you did not show proof.

What this is about

The older law lets a person sue when it is broken. This bill spells out one way to break it. An election worker signs someone up who did not show proof. That now counts, so a person can sue over it.

What has happened
Same subject, different route

Preserving and Protecting the Integrity of American Elections

2025-03-25 · 90 FR 14005

Both the Act and the order provide for consequences when a state does not apply the requirement, but by different means. The Act creates a civil action a private person may bring. The order directs the withholding of federal funds from non-complying states.

Criminal penalties for officials

The document says “shall”Who acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office”

Safeguard American Voter Eligibility Act, Sec. 2

Added to section 12(2) of the National Voter Registration Act of 1993, which carries a fine, imprisonment of up to five years, or both. A further subparagraph applies the same penalty to registering an applicant who fails to present documentary proof of citizenship.

What the document actually says

“in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office”

Safeguard American Voter Eligibility Act, Sec. 2
That sentence, in plain words

This is about a worker for the government. They help a non-citizen sign up. Or they help one vote.

What this is about

The older law already makes some election acts a crime. This bill adds two more. One is a federal worker helping a non-citizen sign up or vote. The other is any official signing someone up without proof. The punishment can be a fine or up to five years in prison.

No action is recorded against this proposal. That is not evidence that none has been taken. See what the tracker does not yet cover.

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What this page covers, and what it leaves out

Each distinct requirement the section creates, taken from the text it inserts into the National Voter Registration Act of 1993.

Purely mechanical amendments are not indexed as separate entries. Striking a word and inserting another, or renumbering a subsection, is recorded in an entry only where it changes what someone must do.

This section works by amending an older law rather than by standing on its own. Quotations are of the text this Act inserts, and a reader following a citation into the 1993 Act will find the older wording until this bill becomes law.