Besparc Understanding the SAVE Act of 2025

As of today (4/11/25), the SAVE Act of 2025 [2025 Act] is a bill passed by the U.S. House of Representatives. It is not yet a law and might never be a law. To become a law, it must still pass the Senate, which can pass it as it is or with changes. It will be sent to the President for signature once the House and the Senate both pass an identical bill.

The first part of this post explains the act. The second part gives a hypothetical scenario. The third part discusses what not to worry about, potential concerns, and what you can do.

What Does the SAVE Act Do?

Nothing yet. If passed into law, the 2025 Act would amend the National Voter Registration Act of 1993 to require States:

To review documentary proof of U.S. citizenship before registering someone to vote; and
To establish processes to support the 2025 Act.

Is the SAVE Act Constitutional?

Yes, likely. Only the Supreme Court can truly answer the question, but look at the facts:

The U.S. Constitution protects the rights of U.S. citizens to vote. See U.S. Constitution, Amendments Fourteen, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth.
Congress has authority to make a law about the manner of federal elections in States. See U.S. Constitution, Article I, Section 4.

Likely, proving citizenship is implied in the language, because only the rights of U.S. citizens are protected.

What is Documentary Proof of U.S. Citizenship?

The 2025 Act would create a new definition for “documentary proof of United States citizenship” to register to vote in federal elections.

So, this term and its narrow definition apply only to applicants for voter registration (not voters) and to federal elections (not state or local elections).

Generally, documentary proof includes:

REAL ID-compliant ID that indicates the holder is a U.S. citizen;
Valid U.S. passport;
U.S. Military ID card plus a U.S. military record of service showing the holder’s birthplace within the U.S.;
Valid federal, state, or tribal government-issued photo ID showing the holder’s birthplace within the U.S.; or
Valid federal, state, or tribal government-issue photo ID plus one of these:
- Certified birth certificate (and details of validity are given);
- Extract from a U.S. hospital Record of Birth created at the time of the holder’s birth which indicates the applicant’s birthplace within the U.S.;
- Final adoption decree showing holder’s name and birthplace within the U.S.;
- Consular Report of Birth Abroad of a U.S. citizen;
- Certification of Report of Birth of a U.S. citizen, certified by the U.S. Secretary of State;
- Naturalization Certificate or Certificate of Citizenship or any other document or method of proof of U.S. citizenship issued by the federal government under the Immigration and Nationality Act; or
- American Indian Card issued by Department of Homeland Security with the classification “KIC”.

Why is the word “birth” in bold type?

The author finds it interesting that Congress would use both birth to a U.S. citizen and birthplace to prove citizenship.

President Trump has ordered that birthplace alone does not determine citizenship. Courts have disagreed. So, it seems, does the House of Representatives in a largely Republican-supported bill. Which makes sense, because of the U.S. Constitution, which you can read about here.

When Can the Government Require Me to Show Documentary Proof of U.S. Citizenship as defined in the 2025 Act?

When you register to vote. That is the only time.

Who Does the Requirement Impact?

Anyone registering to vote, including people registering:

Because they turned 18;
Because they have never before registered; and
After moving to a new state.

Those are the only people impacted by the requirement.

Who Does the Requiring?

Ultimately, the State is on the hook, regardless of who they let take registration applications.

The State must adjust processes to require documentary proof of U.S. citizenship:

No matter who takes the application for voter registration and
No matter if the application is in person, by mail, or otherwise.

The State must establish new processes:

For people who do not have documentary proof of U.S. citizenship to use alternative documents and
For people with identity discrepancies, like name changes, to resolve those discrepancies.

On an ongoing basis, the State must ensure only U.S. citizens are registered to vote by:

Using an established federal or state system or program that identifies noncitizens and
By removing a person from the official list of eligible voters when the State receives verification that the person is not a U.S. citizen.

What If I am a U.S. Citizen but Cannot Provide Documentary Proof of U.S. Citizenship?

At Section 2(f) of the 2025 Act, each State must establish a process for applicants who cannot provide documentary proof of U.S. citizenship to use alternative documentation. Both the applicant and the State or local official must also sign an affidavit that U.S. citizenship is established.

What If I am a U.S. Citizen but Change My Name?

At Section 2(f), the 2025 Act says that each State must establish a process to resolve discrepancies in the applicant’s documentary proof by allowing an applicant to provide additional documentation. Examples of additional documentation might include a marriage license, divorce decree, or court order change of name.

Can You Give Me a Scenario That Puts This Together?

Yes!

Rita moves from Texas to Oklahoma. She needs a new Oklahoma driver’s license and prefers a REAL ID, and she needs to move her voter registration from Texas to Oklahoma.

Rita Needs an Oklahoma REAL ID Driver’s License

To get a REAL ID driver’s license in Oklahoma, Rita must gather some documents:

1 proof of identity
2 proofs of Oklahoma residency
Social Security Number (but not her card)
Name Change Document, if applicable
Immigration or Legal Presence Documents, if applicable

To prove her identity, Rita will need one of these things:

Valid, unexpired Oklahoma Driver’s License (which she doesn’t have);
Birth certificate;
Consular Report of Birth Abroad;
U.S. Passport;
Naturalization or Citizenship Certificate;
Employment authorization document; or
Foreign passport with a valid U.S. visa and valid I-94.

Since Rita has had three names (birth name, adopted name, married name), she’ll need some name change documents, including:

Birth Certificate;
Court Order of Name Change (at adoption); and
Official government-issued marriage certificate or license.

Rita Needs to Register to Vote

To move her voter registration from Texas to Oklahoma, Rita must register to vote in Oklahoma. As of today (before the 2025 Act becomes law), Rita has options:

Online Voter Registration System
Mail-in Voter Registration Application, mailed to the County Election Board
In-person registration at:
- County Election Board office;
- Local tag agency when applying for, updating, or renewing a driver’s license; or
- Public assistance agency when applying for, updating, or renewing services.

Rita decides to register online while she waits for her appointment to get an Oklahoma REAL ID. She’s asked to swear she’s a U.S. citizen, but she doesn’t have to submit any documents.

However, if the 2025 Act becomes law and Rita waits until then to register to vote, she’ll be required to show documentary proof of U.S. citizenship.

The Burden Depends on the State

If Oklahoma wants to discourage voter registration, the State could limit any process for alternative proof or to resolve discrepancies.

If Oklahoma wants to encourage voter registration, the State could establish a process so that:

A birth certificate issued from a U.S. State is sufficient proof of citizenship, or
An Oklahoma-issued REAL ID is sufficient proof of citizenship.

If Oklahoma wanted to be more encouraging, the State could change their REAL ID process to include a verification of citizenship on the card itself.

What Should I Probably Not Worry About?

Lots of things! For the purposes of this post, understand that the 2025 Act:

Deals only with voter registration;
Does not deal with the act of voting or casting a ballot in any way;
Impacts only federal elections, like presidential tickets and congresspeople;
Does not impact state or local elections in any way;
Has some safeguards, like:
- States must have a process for people without proof of citizenship (Section 2(f));
- States must have a process for people with discrepancies in their proof, like name changes (Section 2(f));
- Individuals have a private right of action, meaning a person can sue for violations of the law (Section 2(i));
- A State only has authority to remove people from its official list of eligible voters if the State receives documentation or verified information that a person is not a U.S. citizen (Section 2(g));
- A provisional ballot can be cast on a federal election day (by someone whose voter eligibility is unclear on that day), and the ballot will be counted if citizenship is verified (Section 6).

So, What Should I Worry About?

That’s personal. Here are some things that might concern you:

People who don’t have access to their identity records or don’t know how to access them may find registering to vote more difficult under the 2025 Act than they currently do.
Voter registration drives by nonprofit organizations may be unrealistic under the new rules, and that could reduce the number of people registering.
A State could try to purge their entire list of eligible voters, but this would be illegal. See 2025 Act, Section 2(g).
Voters may not understand that they can cast a provisional ballot and provide documentary proof of U.S. citizenship to have the ballot counted.
State and federal agencies could try to use the voter registration system to target vulnerable people, including immigrants and people with identify discrepancies, including transgender people.

Why Might I Contact My Senator?

You might contact your senator if you still disapprove of the 2025 Act. Let them know exactly what you like and dislike.

Find your Senator

Could I Do Anything Else?

You could:

Register to vote today, before the 2025 Act becomes a law;
Gather your identity documents now and keep them somewhere safe;
Get a REAL ID in your State;
Get a passport;
Consider how we might all have better access to our own identity records, and support organizations that address the need;
Support others trying to access their identity records or trying to register to vote;
If the 2025 Act becomes a law, watch how your State establishes the required processes, and let your State representatives know what you think; and
Across your platforms, calm fear and educate by sharing real facts about the 2025 Act, voter registration, and voting.

Sources

U.S. Constitution, Annotated (accessed 4/11/2025) https://constitution.congress.gov/constitution/
Safeguard American Voter Eligibility Act (SAVE Act), H.R. 22 (engrossed in House 4/10/25) (with links to code sections in title 52 of the U.S. Code that would be amended) https://www.congress.gov/bill/119th-congress/house-bill/22/text
Understanding Birthright Citizenship in America, Besparc.com (pub’d 1/23/2025; accessed 4/11/2025) https://besparc.com/2025/01/23/understanding-birthright-citizenship-in-america/

This article provides law-related information and is not intended as legal advice or counsel. If you need legal advice or counsel, contact a local licensed attorney or your local bar association.

Besparc

Understanding the SAVE Act of 2025