Congress should kill it. Again. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌   ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
Brennan Center for Justice The Briefing

Yesterday, The New York Times reported that President Trump personally ordered Director of National Intelligence Tulsi Gabbard to go to Fulton County, Georgia, to be there for the FBI’s seizure of 2020 election ballots. Afterward, he held a pep talk with the agents. It’s a chilling reminder of just how far Trump can seek to move the levers of power to meddle with the freedom to vote.

It’s also a reminder that the stakes are immensely high. As the 2026 midterms fast approach, we see renewed efforts to control or undermine our elections — efforts that loom once again on Capitol Hill. Yes, the SAVE Act is back.

As many readers of this newsletter know, last year the House narrowly passed that bill — legislation that would effectively require Americans to produce a passport or a birth certificate to register to vote.

Brennan Center research shows that at least 21 million voters lack ready access to those documents. Roughly half of Americans don’t even have a passport. Millions lack access to a paper copy of their birth certificate. Many more voters have names that are different from those on their passports or birth certificates, including married women who have changed their last names.

Plainly, it would be the most restrictive voting bill ever passed by Congress. Even Michael Fragoso, former counsel to Sen. Mitch McConnell (R-KY), expressed concern over how much power over elections the bill would hand to the federal government. He writes, “It federalizes elections in a way that Republicans have long opposed.”

Last year, the SAVE Act stalled in the Senate following a chorus of alarm from people across the country. That should have been the end of it. Instead, it is back by political convenience, not public demand.

What’s the opposite of “a good idea whose time has come”? It’s a bad idea that refuses to die.

In both the House and Senate last week, GOP lawmakers introduced revamped versions of the SAVE Act. Lots of fun new ideas have been added into these bills. The Senate version includes a provision that would require citizens to produce a passport, birth certificate, or naturalization papers not just to register, but every time they vote. This proposal makes an exception for states that have handed over voter rolls to the Department of Homeland Security, an effort to coerce states to comply with the administration’s efforts to collect sensitive voter information. (All but a handful of states have refused.) 

The House’s amped-up SAVE Act 2.0, called the Make Elections Great Again Act, would prohibit universal mail voting, bar states from counting ballots received after Election Day, and require states to conduct voter purges in a way that would kick many eligible citizens off the rolls. All these extreme measures are in service of the same type of conspiracy theory that animated the White House to send the FBI to Georgia to hunt for imaginary illegal ballots. In this instance, it is the lie that noncitizens routinely vote in our elections. Noncitizen voting is already illegal and vanishingly rare. Fragoso even called out his party, saying “the evidence of illegal aliens voting in large numbers just isn’t there” and that the new laws would harm voters within the MAGA base, too.

Senate Minority Leader Chuck Schumer declared the revival of the SAVE Act, which in the Senate is called the SAVE America Act, “dead on arrival.” But the anti-voter movement has recently accelerated its efforts. Rep. Anna Paulina Luna (R-FL) and others threatened to tie the budget deal to the SAVE Act before backing down after a meeting with Trump. Billionaire Elon Musk has been tweeting repeatedly to demand action. And Trump went on Dan Bongino’s podcast yesterday to declare, “The Republicans should say, ‘We want to take over. We should take over the voting in at least 15 places.’ The Republicans ought to nationalize the voting.”

While passage in the Senate appears unlikely, it will be up to Democrats to hold their ground and ensure the SAVE Act’s ultimate defeat. It will be up to all of us to not be fooled by the myths and the lies — and protect our elections so they remain free and fair. And we should stand with election officials who now face threats of groundless criminal prosecution for doing their jobs.

For voters, who must have the most powerful voice in our democracy, the stakes are high, and getting higher.

 

John, Take a stand against the SAVE Act by sending a message to your senators demanding they reject this anti-voter bill.

 

FBI Seizes Georgia Voting Records
Last week, the FBI raided election offices in Georgia’s Fulton County and seized hundreds of boxes of voting records from 2020. It’s a dramatic escalation of the Trump administration’s ongoing efforts to undermine upcoming elections. Amid the conspiracy theories that the 2020 election was “stolen” and the Trump administration’s spate of political prosecutions, the raid has dangerous implications for public trust in democracy and election officials’ ability to do their jobs. “The public deserves a clear explanation for this extraordinary federal intrusion into the state machinery of elections,” Wendy Weiser writes. “And courts need to scrutinize the legitimacy of this warrant and the security and privacy of election materials while in federal hands.” Read more
Florida Supreme Court Considers Case on Politicized “Voter Fraud” Prosecution
Florida’s highest court will hear arguments Wednesday in a challenge to the state’s 2022 prosecutions for alleged voter fraud. At the time, Florida’s governor had pressed statewide prosecutors to pursue charges against 20 people with past convictions who mistakenly voted because of confusion about their eligibility. The campaign appeared intended to intimidate voters. “A ruling for the state would permit future governors to weaponize prosecutions for political ends — a tactic now being used at the federal level in unprecedented ways,” Patrick Berry writes. Read more
50 Years of Big Money in Politics
Last week marked the 50th anniversary of one of the most consequential Supreme Court decisions of the modern era. In Buckley v. Valeo, the Court held that the First Amendment protects the right to spend money on political campaigns, laying the groundwork for later rulings, such as Citizens United, that have allowed megadonors to gain extraordinary influence over elections. Addressing this legacy should include “a constitutional amendment to return the power to regulate money in elections to the American people and their elected representatives,” Daniel Weiner writes. Read more
When States Can Prosecute Federal Agents
In the wake of ICE agents’ killing of two innocent people in Minneapolis, many have asked what state and local law enforcement can do to hold federal officials accountable. While prosecuting federal officers in state court isn't easy, the law is clear that they don’t have absolute immunity from state law. “States have more power than people may realize,” Alicia Bannon writes in State Court Report. Read more
Warrantless ICE Searches and the Fourth Amendment
An internal ICE memo telling officers that they are permitted to enter homes to conduct immigration arrests without a warrant signed by a judge is both a departure from longstanding policy and “contrary to core Fourth Amendment rights that protect both citizens and noncitizens within the United States,” Hannah James writes in Just Security. She adds that ICE’s recent pattern of unlawful behavior further supports the importance of courts playing their constitutionally assigned role of protecting civil liberties. Read more

 

Podcast
Following the second killing of an American by ICE agents in Minneapolis, Attorney General Pam Bondi sent a letter to Minnesota Gov. Tim Walz linking the violence there to a demand that the state give the Justice Department complete access to the state’s voter rolls, among other requests. It’s an outrageous and unambiguous abuse of power, part of a broader strategy to undermine the upcoming elections. Watch or listen as experts break down what has happened and discuss how to respond to ICE and protect our elections on YouTube // Spotify // Apple // SUBSTACK

 

News
  • Lauren-Brooke Eisen on the new ICE budget // NPR
  • Rachel Levinson-Waldman on the expansion of government surveillance // ASSOCIATED PRESS
  • Joseph Nunn on the threat to invoke the Insurrection Act to quell protests // MISSISSIPPI FREE PRESS
  • Eileen O’Connor on the Justice Department’s demands for state voter rolls // STRAIGHT ARROW NEWS
  • Gowri Ramachandran on the administration’s executive order on artificial intelligence // CONNECTICUT MIRROR