The Safeguard American Voter Eligibility Act is a bill set to be introduced in the House of Representatives that could disenfranchise tens of millions of American voters. It is the latest example of how anti-immigrant sentiments are being used to infringe on the rights of American citizens. For years, NNAAC members around the country have worked diligently to ensure that all Americans, including Arab Americans, are able to participate in our nation’s local, state, and federal elections. This is a key area of work for NNAAC because to build power and vouch for representation for our communities, we must ensure our voices are heard. However, the Safeguard American Voter Eligibility Act (SAVE Act) threatens this principal, not just for Arab Americans, but for all Americans.
Before giving an overview of the SAVE act, it is important to note a 1996 Federal law that already states that it is illegal for non-US citizens to vote. This is a crime punishable by up to 5 years in prison. In addition, the number of non-US citizens voting is miniscule. For example, in the Brennan Center for Justice’s sample study of 23.5 million votes cast across 42 jurisdictions, only 30 votes were cast by non-US citizen. Further, election officials already check for citizenship using state and federal data to verify voter eligibility.
With all this in mind, instead of solving a nonexistent problem, the SAVE act would simply just create new barriers to voting for citizens in the following ways:
Requiring Unnecessary Documentation and Proof of Citizenship
The question of who this act would impact the most comes down to this – who is most likely not to have a passport or have a name on their birth certificate that doesn’t match their current one? The answer is: women, lower income, and less educated citizens. According to a poll by YouGov, only a 37% of American citizens have a valid and unexpired passport. Only 21% of Americans with a household income under $50,000 have a valid passport, compared to 44% of Americans with a household income between $50,000 to $100,000. Finally, most married women have changed their legal name since their birth certificate was issues. This makes most married women unable to use one of two possible documents required to prove citizenship, demonstrating an unequal and unnecessary hurdle to voting.
Threatening Online and Mail Registration
Online and mail-in registration are absolutely essential to ensure the accessibility of our elections. According to the Election Administration and Voting Survey, between 2018 and 2022, mail, online, and registration drives accounted for about one in three voter registrations. The SAVE act would require those who already vote by mail to present their citizenship proof documents in person, effectively defeating the purpose of this highly popular means of voter registration. Similarly, the SAVE act would require states to update their online voter registration systems to comply with its regulations, needlessly disrupting an already well-established registration process.
Require Voter Purges
Citizens who are already registered and voted in the past may find themselves purged from voter rolls if they fail to prove their citizenship again through the Save Act’s new requirements. A voter purge is when government officials remove people from voter rolls by deleting names from voter registration lists by cross-referencing the rolls with faulty databases, which Federal courts have found to contain a “high rate of inaccuracy.” This practice has proven faulty at best, often illegally targeting naturalized citizens with non-Anglo names. A 2024 study by Richard C. Sadler and colleagues demonstrated that in Michigan, for example, Black residents had higher purge rates, pointing to the way voter purges also target people of color. The SAVE act would require that government officials conduct regular voter purges, perpetuating a faulty, dangerous practice.
Intimidating Poll Workers Through Harsh Penalties
Poll workers are an integral part of the voting process. They are community members who support democracy by ensuring the efficiency and legality of the voting process. The SAVE Act would make being a poll worker a much riskier job. It would punish any poll worker who registers someone to vote without accurate citizenship proof (even if the registered person is a US citizen) with up to 5 years in prison. With poll workers already facing unprecedented threats and dangers, adding the risk of a criminal penalty would understandably deter Americans from serving as poll workers; and without enough poll workers, it will be difficult to carry out free and fair elections.
To learn more, read this fact sheet by the Campaign Legal Center.