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NEGATIVE Immigration 118th Congress

H.R.8281 SAVE Act

SAVE Act — requires documentary proof of U.S. citizenship to register to vote in federal elections (118th Congress)

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Legal & Constitutional Grounding

SCOTUS ruled the NVRA preempts state documentary proof-of-citizenship requirements (Arizona v. ITCA, 2013).

National Voter Registration Act (52 U.S.C. § 20501 et seq.) — requires states to accept the federal voter registration form, which requires attestation of citizenship under penalty of perjury
  • Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1 (2013) — SCOTUS held that NVRA preempts state documentary proof-of-citizenship requirements for federal elections
  • Noncitizen voting in federal elections is already illegal under 18 U.S.C. § 611

Requires documentary proof of citizenship to register to vote. Noncitizen voting is already illegal; additional requirements create documented barriers to eligible citizens, especially naturalized citizens.