Texas Lawmaker Proposes Proof of Citizenship Bill; 9% of Eligible Voters Lack Required Documents

A House Republican has introduced a bill requiring voters to provide proof of citizenship when registering to vote. While the GOP argues that the measure is a "common-sense" effort to prevent noncitizen voting, civil rights organizations warn it could disenfranchise U.S. citizens lacking the necessary documents.

The bill, titled the Safeguard American Voter Eligibility (SAVE) Act, was introduced by Rep. Chip Roy (R-Texas), a staunch conservative and Policy Chair of the House Freedom Caucus. Apart from requiring proof of citizenship, the SAVE Act would also eliminate mail registration, as it requires voters to present their proof of citizenship in person.

Voting and civil rights advocates, concerned about the bill's potential impact, reference a study by the nonpartisan Brennan Center for Justice, which reveals that over 9% of eligible American voters—approximately 21.3 million people—lack essential identification, such as a passport, citizenship certificate, naturalization certificate, or birth certificate, among other qualifying documents.

The Campaign Legal Center (CLC) also opposes the bill, citing the creation of "unnecessary barriers." According to the CLC, the SAVE Act would disproportionately affect women who have changed their last names, young voters, and minorities, as they are more likely to lack the required documentation.

Although the bill permits the use of driver's licenses, the CLC says most voters could not rely on them since "enhanced licenses" proving citizenship are only issued in five states.

In response to concerns about voter disenfranchisement, Rep. Roy told Axios:

"The legislation provides multiple ways for individuals to prove citizenship and explicitly directs states to establish a process for registering voters with documentation discrepancies, such as name changes."

Although noncitizen voting is illegal and carries severe penalties, conservatives have prioritized combating it since the 2016 election, often claiming it benefits the Democratic Party—a claim unsupported by evidence.

During his 2016 presidential campaign against Hillary Clinton, Donald Trump falsely attributed his popular vote loss to noncitizen voting, alleging that over 3 million undocumented immigrants cast ballots. However, a Brennan Center study of the 2016 election identified only 30 suspected incidents of noncitizen voting nationwide.

Despite expected opposition from Democrats, Axios reports that the SAVE Act has an improved chance of passage, as some Democrats, following their 2024 election losses, have crossed party lines to support legislation they previously opposed.