S.Amdt. 4238

The amendment, titled the Safeguard American Voter Eligibility Act (or the SAVE Act), aims to ensure that only United States citizens are registered to vote in federal elections. It proposes to change the National Voter Registration Act of 1993 by adding strict requirements for proving citizenship during the registration process.

Key Changes and Additions:

• Documentary Proof of Citizenship: It defines "documentary proof of United States citizenship" as specific documents, such as a valid U.S. passport, a REAL ID Act compliant ID indicating citizenship, certain military IDs, or birth certificates and naturalization certificates.
• Registration Requirements: States would be prohibited from accepting or processing voter registration applications for federal office unless the applicant presents this documentary proof.
• Verification Processes:
  • It requires states to establish a process for applicants who cannot provide documentary proof to submit other evidence and sign an attestation under penalty of perjury.
  • It mandates that states take ongoing steps to ensure only citizens are registered, including using programs like the Department of Homeland Security's SAVE system or Social Security Administration verification.
• Removal of Noncitizens: States must remove individuals from federal voter rolls upon receiving verified information that the person is not a U.S. citizen.
• Federal Obligations: The Secretary of Homeland Security must notify state election officials when an individual becomes a naturalized citizen.
• Accountability and Penalties:
  • It creates a private right of action against election officials who register applicants without documentary proof.
  • It introduces criminal penalties for executive branch employees who provide material assistance to noncitizens attempting to register or vote, and for those who register applicants without proof of citizenship.
• Provisional Ballots: The act specifies that it does not restrict the ability of an individual to cast a provisional ballot.