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Why Can’t Congress Just Pass the SAVE Act?

March 11 marks one month since the House of Representatives passed the Safeguard American Voter Eligibility (SAVE) Act – legislation requiring, among other things, voters to provide proof of U.S. citizenship and photo identification before voting in federal elections.

The House’s 218-213 vote was along party lines with just one Democrat voting in favor of the bill. The fate of the legislation now rests in the hands of the United States Senate, though its passage is far from certain and even unlikely.

Even though more than 80% of Americans support the bill, debate over its merits and necessity continues to rage red hot.

Writing on Truth Social this past week, President Trump made clear the bill’s passage remains his top legislative priority:

“It must be done immediately,” he wrote. “It supersedes everything else. MUST GO TO THE FRONT OF THE LINE. I, as President, will not sign other Bills until this is passed, AND NOT THE WATERED DOWN VERSION – GO FOR THE GOLD…”

Under current Senate rules, 60 votes are needed in the Senate for the bill to advance, a high threshold that has led to some calling for the upper chamber to change policy and eliminate what’s known as the filibuster rule.

The Senate filibuster is a procedural tactic that’s been available for lawmakers to extend debate indefinitely–a popular tool of the minority party. 

Pressured to bring the bill for a vote, Senate Majority Leader John Thune has stated bluntly, “We don’t have the votes, either to proceed [to] a talking filibuster nor to sustain one if we got on one. That’s just a function of math, and there isn’t anything I can do about that.”

On Wednesday, President Trump said Senator Thune “has got to be a leader!” He then added, “It’s the most popular bill I’ve ever seen put before Congress.”

Yet the Leader has insisted the bill will get a hearing on the Senate floor.

“We’re gonna have the fight on the floor,” he insisted. “We’re going to vote on this. I can guarantee the debate, I can guarantee the vote, I just can’t guarantee an outcome.”

Meanwhile, Minority Leader Chuck Schumer has not only vowed to oppose the legislation but has also gone so far as to suggest that ill and racist motives are behind it. 

“The SAVE Act is Jim Crow 2.0,” he recently stated. “It would disenfranchise tens of millions of people. If Trump is saying he won’t sign any bills until the SAVE Act is passed, then so be it: there will be total gridlock in the Senate. Senate Democrats will not help pass the SAVE Act under any circumstances.”

To be clear, it’s already illegal for non-American citizens to vote in federal elections. Requiring proof of citizenship to vote is akin to requiring similar documentation to obtain a passport, apply for certain jobs, or file for federal benefits like Medicaid. 

Critics of the legislation claim that requiring voters to display such documentation along with a photo identification card will somehow discourage elderly, low income, or those who live in rural settings from coming out to the polls.

Why?

It’s not clear, especially since all those who may fit that description and who are already here legally would otherwise have or can acquire the necessary documentation.

The SAVE Act would also impose stricter regulations surrounding mail-in ballots, which have grown exponentially since the COVID-19 pandemic. These changes would include anyone requesting a ballot to show proof of citizenship, and a photo ID., and ban third-party ballot requests.

Those who support limiting mail-in balloting have expressed concern over its security, and have recently been quoting the late President Jimmy Carter who cochaired the 2005 Commission on Federal Election Reform. At the time, President Carter stated,“Absentee ballots remain the largest source of potential voter fraud and are vulnerable to abuse in several ways.”  

In a tactic known as “legislative bundling,” lawmakers have also added a “Save Girls’ Sports” provision to the bill. It would require sports team to be defined by biological sex, prohibit males from playing on female teams, and make schools who violate rules risk losing federal funding.

Citizens are encouraged to contact their two U.S. senators to express support for this common-sense election reform.

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