No. 194
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED SEPTEMBER 19, 2024
Sponsored by:
Assemblyman GREGORY P. MCGUCKIN
District 10 (Monmouth and Ocean)
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
SYNOPSIS
Urges US Senate to pass federal Safeguard American Voter Eligibility (SAVE) Act.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution urging the United States Senate to pass the federal Safeguard American Voter Eligibility (SAVE) Act.
Whereas, The right of American citizens to vote in free, fair, and secure elections is fundamental to democratic governance in the United States; and
Whereas, The National Voter Registration Act of 1993 (NVRA), also referred to as the motor voter law, was enacted to make it easier for Americans to register to vote by requiring states to permit individuals to register to vote when applying for or renewing a drivers license; and
Whereas, Approximately half of the states and Washington, D.C. have automatic voter registration, which automatically registers eligible individuals to vote when interacting with government agencies, such as the department of motor vehicles; and
Whereas, Federal law prohibits noncitizens from voting in federal elections, but does not require documentary proof of United States citizenship when registering to vote in federal elections, and in many states, eligibility for drivers licenses does not require proof of United States citizenship; and
Whereas, In recent years, efforts to streamline voter registration with drivers license applications and renewals have resulted in state agencies erroneously registering noncitizens to vote in federal elections; and
Whereas, In Pennsylvania, 220 noncitizens were registered to vote between 2006 and 2017 through the motor voter drivers licensing system; in California, upwards of 1,500 individuals, including legal residents who were not United States citizens, were incorrectly registered in 2018 due to a Department of Motor Vehicles processing error; and in Illinois, 545 noncitizens were registered to vote in 2018 and 2019 following a system error in the states automatic voter registration system; and
Whereas, While data on the prevalence of unauthorized voting by noncitizens is limited, the shortcomings of the voter registration systems have created confusion surrounding noncitizens eligibility to register to vote and eroded public confidence in the security of federal elections; and
Whereas, According to the Bipartisan Policy Center, a 2023 survey of 2,203 adult Americans revealed that 31 percent of respondents were somewhat concerned and 26 percent were very concerned about counting ineligible votes, including votes cast by noncitizens, in the 2024 presidential election; and
Whereas, In response to wavering confidence in election security, members of the House of Representatives introduced the federal Safeguard American Voter Eligibility (SAVE) Act to implement stronger, uniform procedural voter registration laws for federal elections; and
Whereas, The SAVE Act would amend the NVRA to require states to obtain documentary proof of United States citizenship and identity to ensure all individuals registered to vote are eligible voters and to implement a program to verify registrants citizenship status; and
Whereas, Under the SAVE Act, acceptable documentary proof of United States citizenship includes: (1) a form of identification consistent with the REAL ID Act of 2005; (2) a valid United States passport; (3) a United States military identification card and military record of service documenting the applicants place of birth was in the United States; (4) a valid government-issued photo identification card listing the applicants place of birth was in the United States; or (5) a valid government-issued photo identification card and birth record documenting the applicants place of birth was in the United States; and
Whereas, The SAVE Act would also grant states free access to federal databases to maintain and update voter rolls to ensure ineligible voters are identified and removed; and
Whereas, The SAVE Act was voted out of the House of Representatives on July 10, 2024 and is now pending before the Senate; and
Whereas, As concerns about the integrity of federal elections undermine confidence in the electoral process and sow doubts about the legitimacy of democratic outcomes, federal legislation aimed at bolstering election security warrants immediate attention and action; and
Whereas, The Legislature of the State of New Jersey believes that the SAVE Act would promote safe, fair, and secure elections, and restore and strengthen Americans trust in the electoral process and outcomes; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. The Legislature of the State of New Jersey urges the United States Senate to pass the federal Safeguard American Voter Eligibility (SAVE) Act.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
3. This joint resolution
shall take effect immediately.
STATEMENT
This joint resolution urges the US Senate to pass the federal Safeguard American Voter Eligibility (SAVE) Act.
To be eligible to vote in federal elections, voters must be US citizens. The National Voter Registration Act of 1993 (NVRA), referred to as the motor voter law, was enacted to make it easier for American citizens to register to vote by requiring states to allow individuals to register to vote when applying for or renewing their drivers licenses. However, efforts to streamline voter registration with states departments of motor vehicles have resulted in state agencies mistakenly registering noncitizens to vote in federal elections. While the prevalence of voting by noncitizens is unknown, the shortcomings of voter registration systems have eroded public confidence in the integrity of federal elections, with over a quarter of Americans surveyed reporting concerns about counting ineligible votes, including votes cast by noncitizens, in the 2024 presidential election.
Currently, federal law does not require documentary proof of citizenship when registering individuals to vote. Amid growing concerns about the adequacy of voting registration safeguards, members of the House of Representatives introduced and passed the federal Safeguard American Voter Eligibility (SAVE) Act. The SAVE Act would create uniform procedural safeguards for voter registration by amending the NVRA to require individuals to provide documentary proof of US citizenship and identity before registering to vote in federal elections and require states to implement programs to verify registrants citizenship status. The SAVE Act would also grant states free access t