Save America act would impose unreasonable burdens, disenfranchising millions of voters. Thune must not allow it to pass
On March 17, the U.S. Senate voted to begin debate on the so-called SAVE America Act, which would require proof of citizenship to register to vote, and the presentation of a photo ID at the polls.
This law would override state election laws and would likely lead to the disenfranchisement of millions of American citizens. The vote to begin debate was 51-48, with every Democratic senator and also Sen. Lisa Murkowski (R-Alaska) in opposition. Sen. Thom Tillis (R-North Carolina), who has decided not to run for re-election and reportedly opposes the bill, was absent. Additionally, former Senate Republican leader Mitch McConnell (R-Kentucky), who is also not seeking re-election, voted to begin debate but may have some reservations about supporting the bill.
All Americans who treasure their right to vote and our status as a democracy should watch the coming debate on this legislation with concern. The bill already narrowly passed the House, and President Trump is exerting maximum pressure on the Senate to pass it and get it to his desk.
Ironically, no evidence has been presented to show that non-citizens are voting in American elections. A foreign citizen would risk felony charges by voting illegally, which seems a very heavy price to pay for the privilege of casting one vote.
For her part, Alaska GOP Sen. Lisa Murkowski has pointed out the unique hardship that the SAVE America Act would impose on Alaska, which remains America's last frontier. Since fully 20% of Alaska's population live in areas that are not connected to roads, they could be required to fly to a city with an election office in order to register to vote.
There are large Inuit and Aleut populations who live in remote villages along the Arctic Ocean and the Bering Sea, or in remote villages on islands. There are also modern-day homesteaders who have chosen to live in remote locations in the wilderness. One would hope that our great deliberative body would respect the constitutional rights of rural Alaskans whose heritage and lifestyles differ from our own.
Unfortunately, the SAVE America Act would have a devastating impact on citizens who live in cities and towns in the Lower 48 states as well. The best proof of citizenship is actually a passport. However, about half of American adults do not have one, and the process of obtaining a passport is expensive and takes about four to six weeks.
For someone of limited financial means who has no intention of traveling in foreign countries, that seems an unreasonable burden to simply qualify as a voter. A birth certificate could also be used to prove American citizenship, but not everyone has a birth certificate at their disposal.
To be valid proof of citizenship, the birth certificate must be issued by a state, not simply by an attending physician. If someone was born at home, and their mother was attended by a doula or a midwife, that circumstance could have a devastating impact on their voting rights some 18 years later.
Then there is the matter of the millions of American women who changed their surnames when they married, as well as people who have moved far away from the location where they were born and have not kept the relevant documents. Right now, these people can still register to vote, stating under penalty of perjury that they are American citizens.
At this time, there are only five states (Michigan, Minnesota, New York, Vermont and Washington) that have instituted “real ID’s” that also serve to verify American citizenship. In the other 45 states, a resident alien could presumably obtain a real ID driver's license that does not identify them as such.
Significantly, the state of Kansas tried to implement requirements similar to the SAVE America Act 10 years ago. This state legislation would have had the effect of disenfranchising an estimated 30,000 eligible voters, but it was blocked in the courts and did not take effect.
Sen. John Thune is in a somewhat difficult position as the majority leader of the Senate, because Trump is bringing extreme pressure to get it passed, threatening not to sign any other legislation until this happens. Among other things, Trump wants the Senate to change its rules so that the only filibuster which could stall a vote on legislation would be the old-fashioned “talking filibuster” where senators must stand on the Senate floor and ramble continuously to prevent a bill which does not have the support of 60 members from coming to a vote.
Sen. Cory Booker (D-N.J.) shattered previous records set during the desperate efforts of Southern senators to prevent passage of civil rights legislation when he spoke for more than 25 hours against Trump’s policies on education, environmental destruction and immigration on March 31 and April 1, 2025. Booker and his Democratic colleagues may soon be under pressure to strap plastic bags to their legs and engage in an “extended debate.”
Thune has expressed support for the SAVE America Act, asserting that it would preserve the “integrity of elections” in America, despite the lack of supporting evidence. In the coming days, we will learn whether our senior senator intends to jettison the Senate’s rules and shove this legislation through, thereby disenfranchising rural Alaskans, married women, and his own constituents who cannot locate a document that proves their citizenship.
One can only hope that our democracy, and our universal voting rights, will prevail.
Jay Davis of Rapid City is a retired lawyer and a regular contributor to The South Dakota Standard.
Photo: public domain, wikimedia commons
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