S. 1383: Safeguard American Voter Eligibility Act

Vehicle for the SAVE America Act (amended)

• Amends the National Voter Registration Act (NVRA), which has governed state voter registration since 1993, to require states to obtain documentary proof of U.S. citizenship and identity – in person – when registering an individual to vote in a Federal election.

  • This requirement applies regardless of whether an individual is registering to vote at a DMV, a voter registration agency (such as a welfare office), or by mail.

  • Directs states to establish an alternative process for applicants that may not have documentary proof of citizenship but are in fact U.S. citizens (due to religious reasons or otherwise), subject to minimum standards set by the Election Assistance Commission and signed attestations and affidavits by both the applicant and official making the determination.

  • Directs states to provide reasonable accommodations for disabled Americans and applicants that have discrepancies on their documentation due to a name change.

  • New: Permits states that do not require voter registration (e.g., North Dakota) to comply by establishing a system to verify citizenship at the polling place prior to voting.

• New: Establishes a federal requirement that every individual voting in a Federal election must present an eligible, tangible (non-digital) photo identification document that explicitly indicates the individual is a United States citizen.

  • Mandates that individuals voting by absentee ballot must include a copy of this compliant photo identification with both their ballot request and their ballot submission.

  • Creates a "Safe Harbor" exemption regarding the ID citizenship marker for voters in states that have queried the DHS "SAVE" database quarterly since June 1, 2025, to identify and remove non-citizens.

• Requires states to establish a program to remove non-citizens from their existing voter rolls and gives states no-cost access to Department of Homeland Security and Social Security Administration databases to do so.

• Empowers citizens to bring civil suits against election officials that fail to uphold proof of citizenship requirements for Federal elections by expanding the NVRA’s existing private right of action, and adds penalties for election officials that register non-citizens to vote in Federal elections.

• Directs the Election Assistance Commission to promptly update any guidance associated with the SAVE Act and streamlines updates to federal forms by exempting the updates from the Paperwork Reduction Act.