SAVE America Act: at the heart of a strategy to restrict voting rights in the United States

By Audrey Bachert-Peretti, Associate Professor of Public Law at Aix Marseille University

Who can currently vote in federal elections?

All citizens over 18 years old on election day can vote in federal elections, with some exceptions for those who have been criminally convicted or are under judicial protection. These exceptions vary depending on the electoral rules of each state. Residents of unincorporated territories like Puerto Rico or Guam are also excluded. Additionally, the federal law, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, prohibits foreigners from voting in federal elections, punishable by a fine and up to a year in prison.

To participate in the electoral process, one must be registered on the voter lists maintained by the state of residence, except in North Dakota, which does not keep voter registries but verifies voters’ identities on election day with any valid identification showing name, address, and date of birth. Only 12 states require proof of American nationality to be registered on voter lists, while others accept a sworn statement or allow automatic registration when completing other formalities such as obtaining a driver’s license. Registration can be done at various public institutions, whether federal, state, or local, as well as by mail or online in over 40 states. Some states also allow same-day registration. Ultimately, only 6% of Americans register in person at a polling place before elections.

Regarding voter identification on election day, only 36 states require a form of ID, of which 24 mandate a photo on the ID, like a driver’s license, student ID, hunting permit, or fishing license.

What would the SAVE America Act have changed?

The SAVE America Act would have required proof of American citizenship to register on voter lists and present a photo ID issued by a public institution (federal, state, military, or tribal) to vote in federal elections. Besides stricter voter identification requirements, the main change proposed by the law was the need to prove American citizenship.

Since there is no federal ID card, a federal passport or state ID explicitly mentioning American nationality (only in 5 states) would have been necessary for registration. Other documents like non-nationality-specific driver’s licenses, military IDs, and most state or tribal IDs without nationality indication would require a birth or naturalization certificate for use. Additionally, married individuals using their spouse’s name or transgender individuals with different names on IDs and certificates would have needed additional documentation to justify the difference. These proofs would have to be submitted in person at polling places. Online or automatic registration options, as well as North Dakota’s specific rules, would have been eliminated. These steps would have been required for first-time voters and anytime a citizen moved, changed names, or party affiliation, given that over 30 states link voter registration with party enrollment for primaries.

Practically, citizens in rural areas would sometimes have to travel over 5 hours or even fly to register in&nbsp…

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Is the SAVE America Act an isolated measure?

After the bill’s failure, some Republicans tried to integrate its provisions into the current budget proposal without success. The text stemmed from an earlier bill, the SAVE Act, debated in 2025 but not adopted. A more restrictive bill, the Make Elections Great Again Act, introduced in January 2026 in the House of Representatives, further banning mail-in voting, has not been examined.

More broadly, in 2025, Trump issued a presidential decree proposing similar measures, currently suspended due to legal challenges. Besides these initiatives, aiming to federalize a predominantly state-based issue, this text aligns with a strategy from the early 2000s to complicate voter access. Many states, often Republican-led, have enforced strict voter registration and identification rules, reduced early voting periods, and purged voter lists.

Although widespread claims of recurrent election fraud lack evidence, these measures are supported by those who allege electoral fraud. Conversely, critics view these measures as tactics to disenfranchise many voters, especially vulnerable groups likely to vote Democrat. While the argument of safeguarding electoral integrity is frequently raised, it is discredited by the Republican party’s electoral motivations, not veiled.