Second Degree Amendment · S.Amdt. 5804· Senate(119-SAMDT-5804)
To ensure only citizens are registered to vote in elections for Federal office, and to require voters to provide photo identification.
- Introduced
- 6/4/2026
- Last activity
- 6/5/2026 — Amendment SA 5804 ruled out of order by the chair.
- Sponsored by
- Mike Lee
- Cosponsors
- None
- Changes amendment
- 119-SAMDT-5453
- On the bill
- 119-S-2 — Secure America Act
- Introduced
- Ruled out of order by the chair
What this amendment would do
The proposed amendment, also known as the Safeguard American Voter Eligibility Act or the SAVE America Act, aims to ensure that only United States citizens are registered to vote and that voters provide identification when casting ballots in Federal elections.
Changes to Voter Registration
The amendment adds several requirements to the National Voter Registration Act of 1993 to verify citizenship:
- Documentary Proof: States cannot process voter registration applications for Federal office unless the applicant provides documentary proof of U.S. citizenship. This includes items like a U.S. passport, REAL ID compliant identification, or a certified birth certificate.
- Verification Processes: It requires states to use the SAVE system (Systematic Alien Verification for Entitlements) and other data sources to identify and remove noncitizens from voter rolls.
- Federal Agency Support: Federal agencies must provide relevant eligibility information to state election officials within 24 hours of a request.
- Accountability: The amendment creates a private right of action and criminal penalties for election officials who purposefully register applicants who fail to present documentary proof of citizenship.
Changes to Voting Requirements
The amendment adds a new section to the Help America Vote Act of 2002 regarding photo identification:
- In-Person Voting: Voters must present a valid physical photo identification to receive a ballot. If they do not have one, they may cast a provisional ballot but must provide the ID (or a religious objection affidavit) within 3 days for it to be counted.
- Non-In-Person Voting: Voters must submit a copy of a valid photo ID or provide the last four digits of their Social Security number and an affidavit stating they cannot obtain a photo ID.
- Public Access: State and local governments must provide free public access to digital imaging devices (like scanners or copiers) in government buildings so people can copy their IDs.
- Valid IDs: Acceptable identification includes state driver's licenses, state ID cards, U.S. passports, military IDs, and Tribal government IDs, all of which must include a photo and expiration date.
What Congress actually voted on
One recorded vote has been taken on this amendment.
None of them settled the amendment — every vote so far has been about whether to keep going.
- 6/5/2026
- Roll call votes on amendments in Senate: Motion to waive all budgetary discipline with respect to amendment SA 5804, not having achieved 60 votes in the affirmative, rejected in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 151.
- Motion to waive all budgetary discipline with respect to amendment SA 5804, not having achieved 60 votes in the affirmative, rejected in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 151.
- Amendment SA 5804 ruled out of order by the chair.
- 6/4/2026
- Senate amendment proposed (on the floor): Amendment SA 5804 proposed by Senator Lee to Amendment SA 5453.
- Amendment SA 5804 proposed by Senator Lee to Amendment SA 5453. To ensure only citizens are registered to vote in elections for Federal office, and to require voters to provide photo identification.
- Point of order that the amendment violates section 305(b)(2) of the CBA raised in Senate with respect to amendment SA 5804.
- Senate amendment submitted
This bill has no cosponsors