Don’t Count Out the SAVE Act Yet for Safeguarding Citizen-Only Voting

The Republican-controlled House of Representatives passed the Safeguard American Voter Eligibility Act (SAVE Act) on April 10. The bill requires voters nationwide to show proof of U.S. citizenship when registering to vote.

It faces a tough climb in the Senate, where it must receive at least 7 Democrat votes to pass the 60-vote filibuster-proof threshold. Although some may see the House vote as symbolic—another bill passed to placate Republican voters with no chance of becoming law—there are some Democrat senators who may be open to voting for it.

Elected Officials Do Change Their Minds Sometimes

When the House passed the SAVE Act last year, 5 Democrats crossed over. This year, 4 voted for it.

Rep. Don Davis (D-NC) voted for it last year, but changed his mind this time. In remarks after the vote, he said that while he supports “the intent of the SAVE Act that makes crystal clear only U.S. citizens should vote in elections,” the Democrat-controlled North Carolina State Board of Elections convinced him to turn against it

Rep. Vicente Gonzalez Jr. (D-TX) also supported last year’s version of the bill but inexplicably flipped as well.

On the other hand, Rep. Ed Case (D-HI) voted against the first version but changed his mind and voted for the latest bill, joining Reps. Henry Cuellar (D-TX), Marie Glusenkamp Perez (D-WA), and Jared Golden (D-ME).

Case told former Hawaii Democrat state Rep. Beth Fukumoto:

My vote on the SAVE Act was based on my review of the actual bill before me, its legislative history and other information, and my view that most of my constituents believe we should assure that noncitizens do not vote. Many of the concerns expressed about this bill did not match the facts of the bill itself. For example, some claim this bill would disallow millions of citizens from voting, which is not true since it does not affect anyone who’s already registered and further provides several specific avenues to verify citizenship for those that aren’t.

Case is right. Polling shows most Democrat voters believe only American citizens should vote, and a majority even supports requiring photo ID at the polls.

For many like Case, convincing them to vote for the SAVE Act hinges on persuading them that the bill does not suppress citizens’ votes. Many Democrat representatives march in lockstep with what their party leadership insists upon, which is usually driven by the narrative pushed by left-wing activist groups. Although Republicans didn’t succeed in flipping many Democrats in the House, they didn’t need them to pass the bill. Additionally, Democrat Senators may be more likely than House Members to be independent-minded because they’re more immune to primary challenges from the Left.

(READ MORE: Trump Order: No Mail-In Ballots After Election Day, Fix Risky Overseas Voting)

Who to Watch in the Senate

The following liberal senators might just be open to reason on ensuring non-citizens don’t register to vote.

Michael Bennet (D-CO) – This might be the toughest nut to crack for Republicans. Bennet is running for governor against Colorado Attorney General Phil Weiser, and both are trying to out-bash President Donald Trump for Democrat primary votes. But Bennet does have a history of bucking his party on economic issues that benefit Coloradoans, such as supporting the oil and gas sectors. He could possibly be persuaded to vote for the SAVE Act to win over independent voters concerned about election integrity.

John Fetterman (D-PA) – After a close election in 2022, Fetterman has proven willing to relentlessly criticize his own party, especially on immigration and border security. He has also shown a willingness to engage with conservative audiences and has voted at a higher rate for Trump’s nominees than any other Senate Democrat. Fetterman is the least likely to be swayed by activist criticism from the Left to vote against the wishes of most voters.

Ruben Gallego (D-AZ) – Despite his far-left record as a Congressman, Gallego has broken frequently with his party since becoming Arizona’s junior senator—a state Trump won handily. He and Fetterman were the only Democrats to co-sponsor the Senate version of the Laken Riley Act. He has also voted for 10 of Trump’s Cabinet picks—one of only 5 Democrats to vote for that many.

Gallego voted against the SAVE Act last year in the House. But as Reps. Davis and Case showed, it’s possible for a lawmaker to change his mind on this legislation.

Arizonans passed Proposition 200 in 2004, which similarly required residents to show proof of citizenship. Despite the Supreme Court voiding it for violating the National Voter Registration Act (NVRA) of 1993—which the SAVE Act seeks to amend—it’s still valid for state and local elections. Reminding Gallego that most Arizonan voters support this legislation may be the tactic to convince him to support it as well.

Maggie Hassan (D-NH) – Like Gallego, Hassan represents a swing state. She only won her 2016 election by 1,017 votes, and Trump came close to winning the state in 2016 and 2024. Like in 2016, Hassan will face a presidential turnout election if she runs again in 2028.

In the run-up to her 2022 reelection, Hassan touted the rating she received from the Lugar Center and the McCourt School of Public Policy at Georgetown University as “the most bipartisan senator in 2021,” which was “the highest score ever earned by a Democratic Senator in the history of the Lugar Center.”

She also voted for the Laken Riley Act, has the same voting record on Trump’s nominees as Gallego, and joined 9 other Democrats to help Republicans pass the stopgap spending bill to avert a government shutdown in March.

Mark Kelly (D-AZ) – Politically, Kelly must walk the same fine line as Gallego with his eye on a future reelection in a state Trump easily won. He showed a willingness to break with Biden on border policies, and has voted for more of Trump’s nominees than most in his party. As a candidate and a senator, he’s attempted to market himself as a pragmatic, moderate Democrat despite voting with his party on most issues. The SAVE Act could be a way for him to add a voting record to that rhetoric.

Angus King (I-ME) – Although King caucuses with Democrats and votes with them 90 percent of the time, he occasionally reminds his constituents of his independent streak. He’s previously voted against an assault weapons ban. When Democrats had the majority, he opposed removing the filibuster to codify Roe v. Wade. He also voted for the stopgap spending bill.

Politically, King has nothing to lose. He has easily won reelection twice, and he’s not up for reelection until 2030, assuming he runs at age 86.

Jacky Rosen – Likely immune to the Left’s outrage over bucking her party’s line, Rosen will face another tough fight for reelection if she chooses to run again in 2030 in a state Trump carried. She was ranked as one of the top three most independent Democratic Senators in 2023 by CQ Roll Call, and, like Kelly, voted for 8 of Trump’s nominees.

Several others who have pledged to vote against the SAVE Act could potentially be convinced by reminding them where voters stand or possible senate horse trading over projects that affect their states.

For Michigan’s Sens. Elissa Slotkin (D) and Gary Peters (D), the key likely hinges on persuading them this bill does not disenfranchise anyone, something Rep. Case clearly understood. Neither will face any repercussions from the Left for breaking with their party, as Slotkin just won her seat, and Peters has declined to run again.

In this hyper partisan environment, conservative bills rarely pass the 60-vote threshold. But Republicans only need 7 Democrats to do the right thing to send the bill to President Donald Trump’s desk. Considering most voters want safeguards against noncitizens voting, there may be just enough Democrats with enough common sense to see the only people this bill disenfranchises are foreigners trying to illegally register.

(READ MORE: Virginia Dems Support Non-Citizen Voting in Congress)