Friday, February 13, 2026

Save Act 2-13-26

As of early 2026, the Safeguard American Voter Eligibility (SAVE) Act (H.R. 22/S. 128) is a legislative proposal aimed at strengthening voter integrity by requiring proof of U.S. citizenship to register to vote in federal elections. While noncitizen voting is already prohibited under federal law, the SAVE Act aims to change the enforcement mechanism from a "backend" (post-registration) to a "frontend" (registration) process, requiring voters to prove citizenship before getting on the rolls.  

Key provisions of the SAVE Act for 2026 include:

Documentary Proof of Citizenship (DPOC): States would be required to obtain proof of U.S. citizenship—such as a passport, birth certificate, or REAL ID that indicates citizenship—when an individual registers to vote in a federal election.

Removal of Noncitizens: The Act requires states to "remove an individual who is not a citizen of the United States" from their voter registration rolls.

In-Person Requirement: To register by mail, voters would be required to submit documentation in person, which opponents argue effectively nullifies the convenience of mail-in registration.

Enhanced List Maintenance: States must take proactive steps to ensure only U.S. citizens are on the voter rolls, including using information from the Department of Homeland Security (DHS), Social Security Administration (SSA), and state motor vehicle departments.

Accountability for Election Officials: The Act establishes criminal penalties for election officials who knowingly register an applicant who fails to provide the necessary documentary proof of citizenship.

Private Right of Action: The bill allows individuals to sue election officials if they believe the law is not being properly enforced. 

Proposed "SAVE America Act" (2026 Update)
In January 2026, a new version dubbed the "SAVE America Act" was introduced, which adds a Voter ID requirement for in-person voting in federal elections to the original proof-of-citizenship registration requirements. 

Context for 2026

Implementation Challenges: The Act would become effective immediately upon enactment, giving states little time to adjust processes.

Debate over Impact: Proponents argue these measures are necessary to prevent illegal immigrants from voting and to increase voter confidence. Opponents contend that these requirements create unnecessary barriers to voting, as many eligible citizens lack easy access to birth certificates or passports.

Implementation Data: A Utah study mentioned in 2026, analyzing its voter roll, found only one instance of noncitizen registration out of over 2 million, suggesting noncitizen voting is rare, but supporters argue the law ensures it remains that way. 

The Safeguard American Voter Eligibility (SAVE) Act (H.R. 22 / S. 128), and its recently introduced 2026 iteration, the SAVE America Act, aim to ensure voter integrity through several key mandates centered on citizenship verification and identification. 

Core Integrity Provisions

Proof of Citizenship for Registration: Requires individuals to provide documentary proof of U.S. citizenship when registering to vote in federal elections. Acceptable documents typically include:

A valid U.S. passport.

A certified birth certificate (often required in person).

REAL ID-compliant identification that specifically indicates U.S. citizenship.

Naturalization or citizenship certificates.

Voter ID at the Polls: The 2026 "SAVE America Act" version adds a national requirement for voters to present an eligible photo identification document before casting a ballot in federal elections.

Voter Roll Maintenance: Mandates that states take "affirmative steps" to identify and remove noncitizens from existing voter rolls on an ongoing basis.

Criminal and Legal Penalties:

Establishes criminal penalties for election officials who register applicants who fail to provide the required proof of citizenship.

Grants a private right of action, allowing individuals to sue election officials if they believe the law is not being properly enforced.

Restricting Non-In-Person Registration: By requiring documents to be presented in person to an election official, the act effectively limits or eliminates standard online and mail-in registration options. 

Implementation Details

Immediate Effectiveness: The act is designed to become effective immediately upon enactment, requiring states to adjust their processes without a phase-in period.

Alternative Process: States must provide a secondary process for applicants who cannot provide standard documentation, which may involve signing an attestation under penalty of perjury alongside other evidence.

Scope: These requirements specifically target federal elections; states may be forced to maintain separate rolls for state and local elections if they do not adopt identical standards for all races.

https://www.google.com/search?q=what+is+in+the+save+act+to+ensure+voter+integrity+2026+google

Norb Leahy, Dunwoody GA Tea Party Leader

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