[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 22
To amend the National Voter Registration Act of 1993 to require proof
of United States citizenship to register an individual to vote in
elections for Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Roy (for himself, Mr. Garbarino, Ms. Malliotakis, Mr. Finstad, Mr.
Clyde, Mr. Higgins of Louisiana, Mrs. Harshbarger, Ms. Mace, Mrs.
Cammack, Mr. Burlison, Mr. Ogles, Ms. Hageman, Mr. Fulcher, Mr. Nehls,
Mr. Self, Mr. Palmer, Mr. Crane, Mr. Hunt, Mr. Biggs of Arizona, Mr.
Cline, Mr. Norman, Mr. Cloud, Mr. Brecheen, Mr. Crenshaw, Mr. Pfluger,
Mr. Ellzey, Mr. Allen, Mr. Dunn of Florida, Mr. Bilirakis, Mr. Estes,
Mr. Arrington, Mr. McCaul, Ms. Tenney, Mr. Harris of Maryland, Mr.
Owens, Mr. Bost, Mr. Feenstra, Mr. McClintock, Mr. Edwards, Mrs. Biggs
of South Carolina, Mr. Timmons, Mr. Moran, Mr. Perry, Mrs. Houchin, Mr.
Gosar, Mr. Babin, Mrs. Miller of Illinois, Mr. Weber of Texas, Mrs.
Luna, Mr. Moore of Alabama, Mr. Lawler, Mr. Van Drew, Mr. Tiffany, and
Mr. Moolenaar) introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 to require proof
of United States citizenship to register an individual to vote in
elections for Federal office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard American Voter Eligibility
Act'' or the ``SAVE Act''.
SEC. 2. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS FOR
FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C.
20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As used in
this Act, the term `documentary proof of United States citizenship'
means, with respect to an applicant for voter registration, any of the
following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a
State, a unit of local government in a State, or a
Tribal government which--
``(i) was issued by the State, unit of
local government, or Tribal government in which
the applicant was born;
``(ii) was filed with the office
responsible for keeping vital records in the
State;
``(iii) includes the full name, date of
birth, and place of birth of the applicant;
``(iv) lists the full names of one or both
of the parents of the applicant;
``(v) has the signature of an individual
who is authorized to sign birth certificates on
behalf of the State, unit of local government,
or Tribal government in which the applicant was
born;
``(vi) includes the date that the
certificate was filed with the office
responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of
local government, or Tribal government that
issued the birth certificate.
``(B) An extract from a United States hospital
Record of Birth created at the time of the applicant's
birth which indicates that the applicant's place of
birth was in the United States.
``(C) A final adoption decree showing the
applicant's name and that the applicant's place of
birth was in the United States.
``(D) A Consular Report of Birth Abroad of a
citizen of the United States or a certification of the
applicant's Report of Birth of a United States citizen
issued by the Secretary of State.
``(E) A Naturalization Certificate or Certificate
of Citizenship issued by the Secretary of Homeland
Security or any other document or method of proof of
United States citizenship issued by the Federal
government pursuant to the Immigration and Nationality
Act.
``(F) An American Indian Card issued by the
Department of Homeland Security with the classification
`KIC'.''.
(b) In General.--Section 4 of the National Voter Registration Act
of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants to Present Documentary Proof of United
States Citizenship.--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.''.
(c) Registration With Application for Motor Vehicle Driver's
License.--Section 5 of the National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting ``Subject
to the requirements under section 8(j), each State motor
vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of
the United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement that
the applicant provides documentary proof of United States
citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States Citizenship With
National Mail Voter Registration Form.--Section 6 of the National Voter
Registration Act of 1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use''
and inserting ``Subject to the requirements under
section 8(j), each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``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.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the person did not provide documentary proof of
United States citizenship when registering to vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of
United States citizenship in person to the office of
the appropriate election official not later than the
deadline provided by State law for the receipt of a
completed voter registration application for the
election; or
``(B) in the case of a State which permits an
individual to register to vote in an election for
Federal office at a polling place on the day of the
election and on any day when voting, including early
voting, is permitted for the election, the applicant
presents documentary proof of United States citizenship
to the appropriate election official at the polling
place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2) of
subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that reasonable
accommodations are made to allow an individual with a
disability who submits the mail voter registration application
form prescribed by the Election Assistance Commission pursuant
to section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a) to present documentary proof of United States
citizenship to the appropriate election official.''.
(e) Requirements for Voter Registration Agencies.--Section 7 of the
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the
following new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to register to vote in elections
for Federal office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking
``(including citizenship)'' and inserting ``,
including the requirement that the applicant
provides documentary proof of United States
citizenship''; and
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) 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 prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the
requirements of subsection (j), in the administration
of voter registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or''
at the end; and
(ii) by adding at the end the following new
subparagraphs:
``(D) based on documentary proof or verified
information that the registrant is not a United States
citizen; or
``(E) the registration otherwise fails to comply
with applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered To Vote.--
``(1) In general.--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.
``(2) Additional processes in certain cases.--
``(A) Process for those without documentary
proof.--
``(i) In general.--Subject to any relevant
guidance adopted by the Election Assistance
Commission, 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 and such official shall
make a determination as to whether the
applicant has sufficiently established United
States citizenship for purposes of registering
to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State
or local official makes a determination under
clause (i) that an applicant has sufficiently
established United States citizenship for
purposes of registering to vote in elections
for Federal office in the State, such
determination shall be accompanied by an
affidavit developed under clause (iii) signed
by the official swearing or affirming the
applicant sufficiently established United
States citizenship for purposes of registering
to vote.
``(iii) Development of affidavit by the
election assistance commission.--The Election
Assistance Commission shall develop a uniform
affidavit for use by State and local officials
under clause (ii), which shall--
``(I) include an explanation of the
minimum standards required for a State
or local official to register an
applicant who cannot provide
documentary proof of United States
citizenship to vote in elections for
Federal office in the State; and
``(II) require the official to
explain the basis for registering such
applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance
adopted by the Election Assistance Commission, 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.
``(3) State requirements.--Each State shall take