In a 220 to 208 vote, the House of Representatives voted Thursday to pass the Safeguard American Voter Eligibility (SAVE) Act, a major voter suppression measure that, if it became law, could disenfranchise millions of eligible voters and badly undermine U.S. democracy.
Along with every Republican, four Democrats — Jared Golden (Maine), Marie Gluesenkamp Perez (Wash.), Henry Cuellar (Texas) and Ed Case (Hawaii) — voted in favor of the bill.
The measure now heads to the U.S. Senate, where it would need 60 votes to overcome the expected Democratic filibuster.
Should it pass, however, it would instantly make it harder for tens of millions of Americans to vote — mostly groups that have been historically disenfranchised in the voting process. The GOP pursued the SAVE Act under the guise of preventing noncitizens from voting, which they portray as an existential threat to the American electoral system. In fact, it’s extremely rare.
But in their quest to stamp out this nonexistent threat of noncitizen voting, Republicans will instead add major barriers to the ballot box for most people. The bill would require everyone registering to vote or updating their registration information to present documentary proof of citizenship in person.
As many as 21.3 million U.S. citizens — more than 9% of voters — don’t have these documents readily available, and over 3.8 million people — around 2% of voters — don’t have any form of proof, according to recent survey results gathered by the Brennan Center for Justice and other organizations.
This change would disproportionately affect voters of color, millions of people who have taken their spouse’s last name — which includes approximately 69 million married women — and other people who have changed their names, because the law doesn’t specify what documents would be accepted to prove their identity.
Rural voters or people with disabilities would be affected as well, because the measure requires documents to be presented in person, which also undermines mail and online registration systems and voter registration drives.
It’s hard to understate the gravity of the SAVE Act and its potential impact on democracy as we know it. “It’s the most extraordinary attack on voting rights in American history,” Sean Wilentz, a professor of American History at Princeton University, told Democracy Docket. “This is an attempt to destroy American democracy as we know it.”
Alexander Keyssar, a professor of History and Social Policy at the Harvard Kennedy School, and a leading historian of voting rights, told Democracy Docket there’s “never been an attack on voting rights out of Congress like this.”
“It’s always been the federal government trying to keep states in check on voting rights, for the most part,” he said.
For Congress to push a bill like this is a complete 180. Historically, the federal government has worked, albeit imperfectly, to protect and expand voting rights, often in opposition to states and localities that were trying to restrict them.
“Congress has never passed a voter-suppression law like this before,” Sean Morales-Doyle, the director of the Brennan Center for Justice’s voting-rights program, told Democracy Docket. “When it has exercised its power to regulate federal elections, Congress has usually done so to protect the freedom to vote.”
Democratic lawmakers and voting rights advocates are also sounding the alarm on the SAVE Act.
“In a bold new departure for the forces of voter suppression, MAGA’s so-called ‘SAVE’ Act will make it harder for tens of millions of eligible Americans to vote, including tens of millions of people, mostly women, who change their names after marriage,” Rep. Jamie Raskin (D-Md.) told Democracy Docket in a statement. “Every eligible voter should be able to access the ballot box, free from legislated intimidation, trickery and harassment.”
Colorado Secretary of State Jena Griswold (D) said in a statement that the SAVE Act “is a threat to our democracy that cannot be ignored.”
“Instead of saving anything, House Republicans are pushing anti-democracy legislation that would purge American voters off the registration rolls and then make it needlessly challenging for millions of Americans to re-register to vote again,” John Bisognano, President of the National Democratic Redistricting Committee, said in a statement. “Every single American voter — in red and blue states — should be alarmed by this attempt to enact extreme voter suppression, and Congress must reject it.” Read more about the SAVE Act here.