S-1383-119
Considered by Senate (Message from the House considered). (consideration: CR S1647)
Sponsored by Rick Scott (R-FL)
What it does
This bill would amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to require all applicants for federal election voter registration to present documentary proof of U.S. citizenship (such as a passport, REAL ID-compliant document, or birth certificate). It would also require voters to present a valid photo ID to cast a ballot in federal elections, with a provisional ballot option for those who cannot. States would be required to cross-check existing voter rolls against the Department of Homeland Security's SAVE system to identify and remove non-citizens, and DHS would be required to notify states when individuals are naturalized.
Who benefits
Voters and election officials who believe stronger verification reduces the risk of non-citizen voting. States that already have citizenship verification systems and would receive federal legal backing. Election integrity advocacy organizations. DHS and federal agencies that would gain a clearer legal framework for sharing citizenship data with states. Naturalized citizens, who would receive automatic notification to states upon naturalization. Tribal governments, whose photo IDs are explicitly recognized as valid identification.
Who is hurt
Eligible U.S. citizens who lack the required documents — estimated by the Brennan Center to number in the millions, disproportionately including low-income individuals, elderly voters, rural residents, people who have changed their names (e.g., after marriage or divorce), and racial and ethnic minorities. Mail-in voters who would need to submit a photo ID copy or Social Security digits with every ballot. State and local election agencies that would bear the administrative and financial costs of implementing new verification systems within 30 days of enactment. Absent uniformed services voters are explicitly exempted, but overseas civilian voters face new requirements. Organizations that assist low-income or minority voters with registration. Voters with religious objections to being photographed, who must file an affidavit and cast a provisional ballot.
Supporters argue
Supporters argue that only U.S. citizens are legally permitted to vote in federal elections, and that documentary verification is a reasonable, enforceable way to uphold that requirement. They contend that widely accepted forms of ID — passports, REAL ID driver's licenses, military IDs, and tribal IDs — are already held by the vast majority of eligible voters, and that the bill includes fallback processes (affidavits, provisional ballots, and alternative evidence) for those who lack standard documents. They further argue that cross-checking voter rolls against the DHS SAVE system provides a systematic, data-driven method to maintain accurate rolls, and that public confidence in election integrity is itself a civic good that justifies the administrative burden.
Opponents argue
Opponents argue that non-citizen voting in federal elections is already a federal crime and that documented instances are exceedingly rare, meaning the bill imposes significant burdens on millions of eligible citizens to address a problem with little demonstrated scale. They contend that citizenship documentation requirements go beyond what the Supreme Court addressed in Arizona v. Inter Tribal Council of Arizona (2013), where the Court held that states must accept the federal registration form — and that the bill's 30-day implementation deadline would make compliance practically impossible for many states. They further argue that photo ID requirements disproportionately affect low-income, elderly, and minority voters who are less likely to possess qualifying documents, citing studies showing these groups are underrepresented among ID holders.
Constitutional context
The Elections Clause (Art. I, §4) gives Congress authority to regulate the "Times, Places and Manner" of federal elections, which the Supreme Court in Arizona v. Inter Tribal Council of Arizona (2013) held preempts state-imposed documentary proof-of-citizenship requirements on the federal registration form — but that case also suggested Congress itself could impose such requirements. The Necessary and Proper Clause (Art. I, §8, cl. 18) supports Congress's authority to set voter qualification verification procedures for federal offices. Post-Loper Bright, any Election Assistance Commission guidance implementing these requirements would face independent judicial scrutiny rather than deference.
Checks and balances
Congress gains authority over federal voter registration and voting procedures, with implementation delegated to the Election Assistance Commission and state election officials; federal courts retain review authority over challenges brought under the NVRA's private right of action, which this bill expands to cover election officials who register applicants without required documentation.
Historical precedent
Arizona v. Inter Tribal Council of Arizona (2013) struck down Arizona's state-level documentary proof-of-citizenship requirement for the federal voter registration form, but the Court indicated Congress could impose such a requirement directly — which this bill attempts to do.