Debate Rages Over the SAVE America Act
By Justin Riemer, President, USGI
Last week, the House of Representatives passed the SAVE America Act (“SAVE”) and sent it to the Senate where it awaits an uncertain future. SAVE would enact nationwide documentary proof of citizenship (DPOC) for voter registration, require voter photo ID, and largely take effect upon enactment. SAVE would also eliminate certain states’ exemptions from requirements of the National Voter Registration Act (NVRA) and clarify that states can remove noncitizens within the law’s 90-day pre-election list maintenance blackout period.
Unsurprisingly, SAVE has ignited fierce debate. The left views DPOC and photo ID requirements as solutions in search of a problem because noncitizen voting and impersonation fraud occur too infrequently to warrant enacting such policies. And any upsides are outweighed by the risk of disenfranchising or at least significantly inconveniencing voters. We are also seeing a lot of predictable fair-weather federalism arguments against SAVE.
The right counters that photo ID laws are broadly popular and consistent with everyday expectations: Americans routinely present identification to drive, fly, purchase alcohol or certain medications, etc., and it’s certainly not too much to ask to require the same for voting. And since only citizens can vote, the law should require people to prove as much before casting a ballot.
Like many conservatives, I support citizenship checks and photo ID requirements. My experience as a Virginia election official and in numerous voting lawsuits persuaded me that reasonable photo ID requirements do not disenfranchise voters. Certainly, they should allow for multiple acceptable forms of ID, provide a free ID to the small percentage of voters without one, and allow provisional voting and an opportunity to cure if a voter forgets ID. Some voters may need to adapt, but experience tells us they will.
Although statistics floated by organizations like the Brennan Center are wildly exaggerated (yet recited by legacy media outlets as fact), DPOC admittedly has the potential to impose some hurdles to registration. However, it is plainly obvious to us that existing federal law fails to adequately prevent noncitizen registration and voting. Although it is a crime for noncitizens to register or vote in federal elections, federal law requires nothing more than a citizenship attestation on the registration form and in some ways has been interpreted to restrict states from asking for more. That system does not seem to be working based on the thousands of noncitizens that states have registered.
If Senate Republicans cannot force an up-or-down vote on SAVE, Congress should consider pursuing reforms capable of garnering enough bipartisan support to survive a filibuster. The Grant Institute is preparing targeted amendments to existing federal law that would require meaningful citizenship verification and empower states to remove noncitizens from voter rolls, while minimizing burdens on voters and election officials and respecting federalism by preserving state authority over election administration. In this political climate, it’s hard to imagine such legislation achieving the broad bipartisan majorities seen in HAVA but perhaps just enough to clear the finish line. In any event, it’s well past time to modernize existing federal law to address these issues.
Alaska
Alaska has sent its full voter file to the Department of Justice (DOJ) for review and has agreed to move any voters the DOJ identifies as ineligible to the inactive list. The article reports at least 11 other states have signed similar agreements.
Arizona
Governor Hobbs signed HB 2022 into law. This new law moves the primary election to the second to last Tuesday in July, shortens the window of time when provisional ballots can be counted, and changes political party observer rights, including opening up observation to in-person early voting locations. The 2026 primary election is scheduled for July 21.
Georgia
A newly released affidavit from the U.S. District Court for the Northern District of Georgia revealed that the records search conducted by the FBI in Fulton County was authorized based on claims of irregularities in the 2020 presidential election.
Michigan
Two people have been found guilty of forging thousands of signatures on several nominating petitions for different candidates in 2022. Both individuals face up to 20 years in prison and will be sentenced in March.
Mississippi
Lawmakers in the state House passed the Safeguard Honest Integrity in Elections for Lasting Democracy (SHIELD) Act to expand citizenship verification protocols. This law would require clerks to perform an extra search in the federal SAVE database for individuals who register to vote without a driver’s license.
Montana
Secretary Jacobsen refuted claims that she intends to release a full, unredacted version of Montana’s voter file to DOJ.
Nebraska
Nebraska has handed over a full, unredacted version of its voter rolls to DOJ. This comes after a Nebraska court rejected a request for an injunction to prevent the data transmission.
Nevada
Nevada removed nearly 177,000 voter registrations from its voter rolls during regular maintenance in 2025. It additionally listed over 138,000 registrations as inactive.
North Carolina
The State Board of Elections public hearing for proposed rules about list maintenance on the basis of citizenship has been rescheduled for March 9, 2026. The public comment period runs through March 16.
State Auditor Boliek announced the creation of a new commission to modernize the state’s election data system.
Over 70,000 voter registrations remain flagged for repair on the State Board of Elections’ Registration Repair database. The NCSBE launched the project after a lawsuit challenged North Carolina’s voter registration records for missing required information, including driver’s license numbers or the last four digits of Social Security numbers. Since its launch last July, the total number of voters missing required information has dropped by more than 30,000.
Oklahoma
The State Board of Elections is refusing to provide DOJ with the state’s unredacted voter files. This renewed denial comes after the DOJ sent a new request after they realized the prior requests were being sent to the wrong email address.
Pennsylvania
Pennsylvania will pilot a new internet connected electronic pollbook this year. This new program comes after serious errors plagued the paper pollbook systems still utilized by some counties in the 2025 general election.
Utah
The Utah Republican Party says it has submitted more than 200,000 signatures to repeal Proposition 4, potentially qualifying the measure for the November ballot if enough signatures are validated. Proposition 4 is the 2018 voter-approved law that created an independent redistricting commission and barred partisan gerrymandering.
Virginia
The State Senate has passed legislation authorizing Virginia to join the National Popular Vote Compact. If signed into law, Virginia will award its 13 electoral college votes to whoever wins the popular vote, regardless of the results in the Commonwealth, but only if enough states cumulatively possessing a majority of the electoral votes have joined the compact.
Additionally, Governor Spanberger has signed four pieces of legislation that will put proposed constitutional amendments to a referendum before voters this year. Among other issues, Virginians will be asked to decide whether felons who have completed their sentences should have their voting rights restored, and whether to allow mid-decade redistricting.
West Virginia
Secretary of State Warner has rejected DOJ’s request for the state’s unredacted voter registration file.
Arkansas
King v. Thurston, No. 60CV-23-1816 (Ark. Cir. Ct. Pulaski Cnty.)
On February 12, a state court blocked enforcement of Act 236 of 2023, a law that had increased the number of counties from which ballot initiative sponsors must gather signatures from 15 to 50. The lawsuit argued the 50-county threshold violated Article 5 of the state Constitution’s “at least fifteen counties” requirement, and the court agreed, issuing an injunction and restoring the longstanding 15-county baseline. The state attorney general’s office said it plans to appeal.
Florida
Pines v. DeSantis, No. SC2026-0209 (Fla. Sup. Ct.)
On February 5, two voters backed by the National Redistricting Foundation filed a petition in the state supreme court challenging the authority of Governor DeSantis to call a special legislative session to redraw Florida’s congressional map mid-decade.
Georgia
NAACP v. United States, No. 1:26-mi-99999 (N.D. Ga.)
On February 15, the NAACP and allied groups filed an emergency motion asking a federal court to limit how the federal government may use sensitive voter information seized during the FBI’s January 28 raid on the Fulton County elections hub, where agents took ballots and other 2020 election materials as part of a criminal investigation. The plaintiffs want the court to bar use of the seized data beyond the stated criminal probe. They also ask the court to require the government to produce a full inventory of all documents and records seized, identify anyone outside the criminal investigative team who has accessed the materials, disclose whether any copies were made, and detail the steps taken to secure the information.
Iowa
Selcuck v. Pate, No. 4:24-cv-00390 (S.D. Iowa)
On February 11, activist groups reached a settlement with Secretary of State Pate in their lawsuit challenging the state’s pre-election directive flagging over 2,000 registered voters as “potential noncitizens” based on data from the Iowa Department of Transportation. The guidance, issued shortly before the 2024 general election, required affected voters to cast provisional ballots unless they later proved citizenship. Under the agreement, the state will rescind the directive, refrain from using the 2024 list for future voter list maintenance or challenges, and will not rely exclusively on DOT data to generate noncitizen lists within 90 days of an election. The Secretary of State’s office stated in a press release that it “no longer has need of the 2024 list” because the office can now use the SAVE database. A final order has yet to be issued in the case.
Michigan
United States v. Benson, No. 1:25-cv-1148 (W.D. Mich.)
On February 10, a federal court dismissed a DOJ lawsuit seeking access to the state’s unredacted voter roll information.
Mississippi
Watson v. Republican National Committee, No. 1:24-cv-00025 (S.D. Miss.)
On February 9, the Republican National Committee (RNC) filed its opening brief asking the U.S. Supreme Court to affirm a Fifth Circuit decision striking down a state law which permits mail ballots postmarked by Election Day to be accepted up to five days after the election. The RNC argues that federal law designates Election Day as the deadline for ballot return. Restoring Integrity and Trust in Elections (RITE) submitted an amicus brief in support of the RNC jointly with Center for Election Confidence, Honest Elections Project, and American Legislative Exchange Council. The DOJ also submitted an amicus brief in support of the RNC.
Nebraska
Common Cause Nebraska v. Evnen, No. D02CI250003301 (Dist. Ct. Lancaster Cnty.)
On February 11, the state supreme court denied a request for an immediate injunction blocking the state from turning over detailed voter registration data to the DOJ. Secretary of State Evnen handed over the data to the federal government on February 12. The court set a hearing on the issue for March 31.
North Carolina
Republican National Committee v. North Carolina State Board of Elections, No. 5:24-cv-547-M (E.D.N.C.)
On February 16, the RNC and Democratic National Committee filed a proposed settlement agreement in federal court that would largely end a Republican-led effort to remove approximately 225,000 voters from the rolls who were registered without providing legally required identification information. Under the terms of the settlement, the Board of Elections will continue its “Registration Repair” program, which contacts voters with incomplete records and requires them to cure deficiencies or risk having ballots rejected.
Ohio
League of Women Voters of Ohio v. LaRose, No. 2:26-cv-177 (S.D. Ohio)
On February 13, activist groups sued Secretary of State LaRose challenging provisions of the state’s voter roll maintenance law that authorize removal of registrants who fail to respond to citizenship verification notices. Plaintiffs argue this contravenes the National Voter Registration Act’s 90-day pre-election “quiet period” barring systematic list maintenance activities.
Oregon
United States v. Oregon, No. 6:25-cv-01666 (D. Ore.)
On February 5, a federal court issued a written opinion dismissing the DOJ’s lawsuit seeking access to the state’s unredacted voter rolls.
Pennsylvania
Eakin v. Adams County Board of Elections, No. 1:22-cv-00340 (W.D. Penn.)
On February 11, the Republican National Committee filed a petition for certiorari asking the U.S. Supreme Court to review and reverse a lower-court ruling requiring Pennsylvania election officials to count undated and misdated mail-in ballots under state law. The Third Circuit ruled that the dating requirement was unconstitutional under an Anderson-Burdick analysis.
The same day, Attorney General Sunday, an intervenor-defendant in the Court of Appeals, also filed a cert petition.
South Carolina
NAACP South Carolina State Conference v. Wilson, No. 3:25-cv-13754 (D.S.C.)
On February 17, Attorney General Wilson announced that his office earlier moved to dismiss a lawsuit filed by the South Carolina NAACP challenging provisions of the state’s absentee ballot harvesting ban. The suit contests restrictions limiting who may request an absentee ballot application on a voter’s behalf, which state law generally confines to the voter, an immediate family member, or an authorized representative.
Texas
La Union del Pueblo Entero v. Abbott, No. 1:21-cv-780 (W.D. Tex.)
On February 12, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reversed a federal district court’s injunction against Texas’s ban on paid ballot harvesting, ruling that the contested provision of Senate Bill 1 is constitutional and may be enforced. The law, enacted in 2021 as part of a broader election-integrity package, criminalizes compensated in-person interactions with voters in the physical presence of a mail-in ballot when intended to deliver votes for a specific candidate or measure, with violations punishable by felony penalties.
National Federation of the Blind of Texas v. Hudspeth, No. 4:26-cv-00845 (S.D. Tex.)
On February 3, a class action lawsuit was filed in federal court against Harris County and its county clerk, alleging that the county’s current vote-by-mail system effectively discriminates against voters with disabilities by not providing electronic vote-by-mail ballots. Plaintiffs allege violations of the Americans with Disabilities Act (ADA) and other federal civil rights laws.
Virginia
McDougle v. Nardo, No. CL25-1582-00 (Va. Cir. Ct. Tazewell Cnty.)
On February 13, the Virginia Supreme Court allowed the legislature’s mid-decade redistricting attempt to proceed to a referendum before voters in April.
Republican National Committee v. Koski, No. ______ (Va. Cir. Ct. Tazewell Cnty.)
On February 18, the Republican National Committee and National Republican Congressional Committee joined with two Republican members of Congress to file a federal lawsuit against Virginia election officials and is seeking a temporary restraining order and preliminary injunction. Plaintiffs contend that Democratic-led moves to advance a constitutional amendment and redraw Virginia’s congressional map ahead of the 2026 elections are unlawful and exceed the legislature’s authority under the Virginia Constitution.
Wisconsin
Kormanik v. Wisconsin Elections Commission, No. 2022CV001395 (Wis. Cir. Ct. Waukesha Cnty.)
On February 11, a state appellate court reversed a lower court’s 2023 ruling that had banned voters from canceling (“spoiling”) an absentee ballot they had already returned so they could request and cast a new one. The lawsuit was brought on behalf of a Wisconsin voter challenging guidance of the Wisconsin Elections Commission (WEC) permitting ballot spoiling. The appellate panel found that the trial court lacked competency to decide the case on the merits because the plaintiff failed to properly serve the Joint Committee for Review of Administrative Rules, a statutory prerequisite in challenges to administrative guidance. The opinion did not reach the substantive legality of the ballot-spoiling policy itself that WEC had previously withdrawn. This lawsuit was supported by RITE and the RNC.
Precious Ayodabo v. City of Madison, No. 2025CV003082 (Wis. Cir. Ct. Dane Cnty.)
On February 9, a state court denied the City of Madison’s motion to dismiss a lawsuit alleging the loss of nearly 200 absentee ballots from the 2024 election. Madison had argued it could not be sued because absentee voting is a “privilege” rather than a constitutional right.
United States v. Wisconsin Elections Commission, No. 3:25-cv-01036 (W.D. Wis.)
On February 18, the Republican Party of Wisconsin filed an amicus brief in federal court in support of the DOJ’s lawsuit against WEC and its administrator, urging the court to compel the state to provide detailed voter-registration data to the DOJ to assist its effort to review Wisconsin’s voter rolls.
President Trump vowed that there will be voter identification requirements for the 2026 midterm elections, asserting on social media that he would pursue such mandates “whether approved by Congress or not,” and suggesting he may use an executive order to impose them if necessary.
President Trump has nominated two new commissioners to the Federal Election Commission (FEC), Ashley Stow and Andrew Woodson, whose confirmations would restore the FEC’s quorum and allow it to resume full operations.
Federal law enforcement agencies have invited state election officials to a nationwide briefing on preparations for the 2026 midterm elections, with the FBI taking the lead and including the Departments of Justice and Homeland Security, the U.S. Postal Inspection Service, and the Election Assistance Commission (EAC).
The U.S. Department of Education has launched a new investigation into a nonprofit organization accused of illegally leaking student data to influence elections, opening a federal inquiry under laws that protect educational records and prohibit the misuse of personal information for political purposes. The probe follows allegations that the group accessed and shared sensitive student data to target voters or mobilize specific populations.
On February 18, the EAC hosted a public hearing in Washington, D.C., focusing on election audit standards and how audits can be effectively used by election officials to strengthen public confidence in election results.
A new poll finds that Americans’ confidence in the integrity of U.S. elections has declined across party lines as the 2026 midterm elections approach, reflecting heightened public anxiety about election processes and outcomes. Republican respondents cited concerns about mail-ballot fraud, while some Democrats pointed to fear of voter intimidation and the possible presence of federal immigration enforcement (ICE) agents at polling places as factors undermining trust.
Andy Jackson criticizes attempts by recent administrations to “nationalize” election processes.
Incompetent election administration effectively denied a Korean War veteran his right to vote, writes Linda Kerns, an attorney representing him in a lawsuit against the county. In April 2025, nearly 550 registered voters in Scranton were mistakenly sent absentee or mail-in ballots for the May 20 primary election that were printed with candidates from the 2024 elections.
This Bipartisan Policy Center explainer outlines the layered safeguards used across all 50 states to protect election integrity, including voter-roll maintenance, ballot verification procedures, voting equipment testing, and post-election audits.
The Grant Institute has potential openings for junior level attorneys and others interested in the study of election administration and voting issues. Interested candidates should please email their resume to info@grantdemocracy.org.