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SPRINGFIELD, Ill. (WCIA) — A controversial federal bill known as the “SAVE America Act,” supported by President Trump, is sparking intense debate in Washington. Proponents argue it ensures the integrity of elections, whereas critics claim it could complicate the voting process for millions of Americans.
Details of the SAVE America Act
The Safeguard American Voter Eligibility Act, commonly referred to as the SAVE America Act, aims to mandate that Americans provide proof of U.S. citizenship when they register to vote in federal elections.
If enacted, the proposal would obligate election officials to confirm citizenship through documents like a birth certificate, U.S. passport, or naturalization certificate.
This legislation seeks to modify the National Voter Registration Act of 1993, which currently allows individuals to register by declaring their U.S. citizenship under oath.
The measure also would end mail-in voting almost entirely, with exclusions for sick voters, military personnel or travel.
Trump has backed the legislation in the wake of his claims that the 2024 presidency was stolen from him.
“We’re not going to let them cheat like they did in a certain election that we won’t talk about,” Trump said in remarks Thursday.
Despite the president’s claims, data has shown there were very few instances of election fraud over the last decade. There have been 138 proven cases since 2017 according to the Heritage Foundation.
The conversation on the SAVE Act arises as the U.S. is in the middle of the primary election season. Critics of the SAVE Act believe the president is worried about losing Republican seats.
All 435 districts in the U.S. House of Representatives and 33 seats in the U.S. Senate are up for election.
Sen. Dick Durbin (D-Illinois), said to not let the name of the bill “fool you” on the Senate floor Tuesday.
“The SAVE America Act would not protect our elections,” Durbin said. “Instead, it would make it more difficult for millions of Americans to vote.”
Critics Raise Concerns
Critics say the SAVE America Act will make voting more difficult if Congress decides to pass the bill.
“This law would essentially disenfranchise all of those people in the service of simply salvaging the president’s wounds from the 2020 election,” Ed Yohnka of ACLU of Illinois said. “This isn’t a good policy and it’s not one we should adopt.”
Yohnka also said he’s not just worried for voters, but election officials. Under the SAVE Act, violators could be subject to hefty fines and serve up to five years in prison.
Yohnka said the penalties may promote people to do their job incorrectly in fear of jail time.
“The incentive is always going to be to say no to people rather than yes, because the person doing the registering risks the possibility of a criminal sentence,” Yohnka said. “When you create a system where the incentives are to suppress the vote, you’re going to end up suppressing the vote.”
Yohnka pointed to a Kansas proof-of-citizenship voter registration law as proof the proposed measure wouldn’t work.
In 2011, the state passed legislation with similar guidelines for proof of citizenship for voters.
In 2018, a federal judge ruled this measure violated federal law, and the decision was held up by the U.S. Court of Appeals Truth Circuit the same year.
Impact On Illinois
Critics of the SAVE Act also worry the legislation will affect local and state elections.
“The SAVE Act is just the latest attack on voting rights, creating unnecessary barriers to the ballot box,” Citizen Action Illinois said in a statement to WCIA 3.
Some barriers opposers have brought up are last names being changed for women upon marriage, and the lack of access to the required documents needed to register.
Only 48% of Americans held a passport in 2024 according to the Department of State.
Ryan Tolley, executive director of CHANGE Illinois, said the federal government should be providing ways to help bring in more voters.
“I think it’s our duty as an organization and just as a country to give the people the tools and resources they need to get out to vote,” Tolley said.
Tolley is also worried the measure would create what he calls a “two-track system” between federal elections and state local elections.
With Illinois primary elections happening Tuesday, Tolley said a measure like this could create “chaos.”
“If it were to pass and be signed into law today, every local election authority would not be able to cope with the requirements that they would now be required under federal law to do for election,” Tolley said.
Illinois has seen a decrease in voter turnout in recent primary election years.
In the 2024 primary election, about 19% of eligible voters submitted a ballot.
That was a slight drop from the 2022 primary election, with about 22% of voters submitting a ballot.
Next Steps for the SAVE America Act
On Feb 11, the SAVE Act passed the House with a 216-214 vote.
However, it currently faces a challenge in the Senate, with an ongoing filibuster.
On Wednesday Sen. John Cornyn (R-Texas), flipped on the senate filibuster.
The move gives way for a simple majority to pass the SAVE Act but will still face strong opposition from Democrats.
Yohnka said meetings with Durbin suggest there are not enough votes to overcome the filibuster, hinting that the bill is unlikely to pass this session.