H.R. 7296

SAVE America Act

Sponsor: Chip Roy

111 cosponsors
Follow this bill

Official summary

Written by the Congressional Research Service.

Safeguard American Voter Eligibility Act or the SAVE America Act

This bill requires individuals to provide documentary proof of U.S. citizenship when registering to vote, and requires photo identification to vote, in federal elections.

Specifically, the bill prohibits states from accepting and processing an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship. The bill specifies what documents are considered acceptable proof of U.S. citizenship, such as identification that complies with the REAL ID Act of 2005 that indicates U.S. citizenship.

Further, the bill (1) prohibits states from registering an individual to vote in a federal election unless, at the time the individual applies to register to vote, the individual provides documentary proof of U.S. citizenship; and (2) requires states to establish an alternative process to demonstrate U.S. citizenship.

Each state must take affirmative steps on an ongoing basis to ensure that only U.S. citizens are registered to vote, which shall include establishing a program to identify individuals who are not U.S. citizens using information supplied by certain sources.

Additionally, states must remove noncitizens from their official lists of eligible voters.

The bill (1) provides for a private right of action for certain violations, and (2) establishes criminal penalties for certain offenses.

Individuals voting in federal elections must present an eligible photo identification document. An individual who votes by absentee ballot must submit a copy of their identification document with both the request for, and the submission of, the absentee ballot.

Text of the bill

Expand all
Sec. 3. Photo voter identification required for voting in a Federal election

(a) In general. Each individual voting in an election for Federal office shall present an eligible photo identification document.

(b) Presentation requirements

(1) In-person voting. In the case of an individual who votes in-person, the eligible photo identification document shall—

(A) be a tangible (not digital) document; and

(B) be presented at the time of voting.

(2) Absentee voting. In the case of an individual voting by absentee ballot, the individual shall include a copy of the eligible photo identification document—

(A) with the request for an absentee ballot; and

(B) with the submission of the absentee ballot.

(c) Eligible photo identification document. For purposes of this section:

(1) In general. The term eligible photo identification document means any document which—

(A) is issued by an authority described in paragraph (2); and

(B) meets the requirements of paragraph (3).

(2) Issuing authority. The following are authorities described in this paragraph:

(A) A State agency responsible for issuing State motor vehicle drivers' licenses.

(B) A State or local election office.

(C) A Native tribal government.

(D) The Department of State.

(E) The Department of War.

(F) A branch of the Armed Forces.

(3) Requirements. A document meets the requirements of this paragraph if the document contains—

(A) a photograph of the individual identified on the document;

(B) an indication on the front of the document that the individual identified on the document is a United States citizen; and

(C) either—

(i) an identification number issues by the entity described in paragraph (2)(A); or

(ii) the last four digits of the social security number of the individual identified on the document.

(4) Use of additional documentation

(A) Use of additional documentation. A document which fails to meet the requirements of paragraph (3)(B) shall not fail to be treated as an eligible photo identification document if the document is presented together with another identification document that indicates the individual is a United States citizen.

(B) States using SAVE system

(i) In general. The requirements of paragraph (3)(B) shall not apply to an individual—

(I) who votes in a State or jurisdiction which meets the requirements of clause (ii); and

(II) who registered to vote in such State or jurisdiction before the most recent date on which the State or jurisdiction last submitted its voter registration rolls to the Department of Homeland Security as provided in clause (ii)(I).

(ii) Requirements. The requirements of this clause are met if—

(I) the State or jurisdiction has submitted its voter registration list to the Department of Homeland Security through the Systematic Alien Verification for Entitlements (SAVE) program not less frequently than quarterly since June 1, 2025, for purposes of identifying ineligible registrations and non-citizens; and

(II) the State or jurisdiction indicates in each voter record on its voter rolls whether the voter has been verified as a United States citizen based on the information provided by the Department of Homeland Security under subclause (I), and the date of such verification.

(iii) Special rule for States not requiring voter registration. In the case of a State or jurisdiction that does not require voter registration as a requirement to vote in an election for Federal office on or after the date of the enactment of this Act—

(I) clause (i)(ii) shall not apply; and

(II) the State or jurisdiction shall be deemed to meet the requirements of clause (ii) if the State or jurisdiction establishes a system for confirming the citizenship of individuals voting in an election for Federal office prior to the first day of the period described in section 3 with respect to such election and provides such confirmation of citizenship status for each eligible voter to election officials at the polling places during the voting period.

(d) Conforming amendment. Section 303(b) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)) is amended by striking all that precedes paragraph (4).

(e) Effective date. Each State and jurisdiction shall be required to comply with the requirements of this section with respect to all elections for Federal office occurring on and after the date of the enactment of this section.